Date of Last Revision: 7/1/2010

Welcome to iNetRadio, a website that allows you to personalize your own audio listening experience with music and news and information provided by outside media outlets. iNetRadio also provides a social utility that connects you with the people around you. The iNetRadio service and network (collectively, ìiNetRadio" or "the Service") are operated by InterNetwork and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.iNetRadio.com or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of iNetRadio. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

iNetRadio Eligibility

Use of the iNetRadio Service is void where prohibited. iNetRadio.com is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to iNetRadio.com by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the iNetRadio Service or the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

iNetRadio Registration Data; Account Security

In consideration of your use of the iNetRadio Service at iNetRadio.com, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to iNetRadio, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

iNetRadio Proprietary Rights in Site Content; Limited License

All content on iNetRadio.com and available through the iNetRadio Service, including designs, text, graphics, pictures, video, information, applications, software, music, audio and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of iNetRadio and InterNetwork, its users or its licensors with all rights reserved. No iNetRadio Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, scrobbled, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without iNetRadioís or InterNetworkís prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish iNetRadio Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of iNetRadio Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping, scrobbling, or similar data gathering or extraction methods. Any use of iNetRadio.com or the iNetRadio Site Content other than as specifically authorized herein, without the prior written permission of iNetRadio and InterNetwork, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

iNetRadio Trademarks

iNetRadio What You Want, When You Want ItÆ, iNetRadioô, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are the registered and/or unregistered trademarks, service marks or trade dress of iNetRadio and InterNetwork in the U.S. and/or other countries. iNetRadio and InterNetwork trademarks, service marks and trade dress may not be used, including as part of trademarks, service marks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of iNetRadio and InterNetwork.

iNetRadio User Conduct

You understand that except for advertising programs offered by iNetRadio on the Site (www.iNetRadio.com), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the iNetRadio Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the iNetRadio Service or the Site (www.iNetRadio.com) to:

• harvest or collect email addresses or other contact information of other users from the iNetRadio Service or the Site (www.iNetRadio.com) by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the iNetRadio Service or the Site (www.iNetRadio.com) in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the iNetRadio Service or the Site (www.iNetRadio.com);
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site (www.iNetRadio.com) any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the iNetRadio Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of iNetRadio or InterNetwork, is objectionable or which restricts or inhibits any other person from using or enjoying the iNetRadio Site (www.iNetRadio.com), or which may expose iNetRadio, InterNetwork or its users to any harm or liability of any type.

User Content Posted on the iNetRadio Site (www.iNetRadio.com)

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, audio, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the iNetRadio Service or the Site (www.iNetRadio.com), or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or purchase or that you do not have permission to post. You understand and agree that iNetRadio and InterNetwork may, but is not obligated to, review the Site (www.iNetRadio.com) and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of iNetRadio and InterNetwork violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site (www.iNetRadio.com), you authorize and direct iNetRadio to make such copies there of as we deem necessary in order to facilitate the posting and storage of the User Content on the Site (www.iNetRadio.com). By posting User Content to any part of the Site (www.iNetRadio.com), you automatically grant, and you represent and warrant that you have the right to grant, to iNetradio and InterNetwork an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site (www.iNetRadio.com) or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that iNetRadio and InterNetwork may retain archived copies of your User Content. iNetRadio and InterNetwork do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to iNetradio and InterNetwork in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

You may not set up an iNetRadio User Page on behalf of another individual or entity unless you are authorized to do so. This includes fan iNetRadio User Pages, as well as iNetRadio User Pages to support or criticize another individual or entity.

INETRADIO AND InterNetwork DOES NOT PRE-SCREEN OR APPROVE INETRADIO USER PAGES, AND CANNOT GUARANTEE THAT AN INETRADIO USER PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF AN INETRADIO USER PAGE. NOR IS INETRADIO RESPONSIBLE FOR THE CONTENT OF ANY INETRADIO USER PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY INETRADIO USER PAGE, INCLUDING HOW THE OWNER OF THE INETRADIO USER PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH AN INETRADIO USER PAGE.

iNetRadio Mobile Services

The iNetradio Service includes certain services that are available via your mobile device, including (i) the ability to upload content to iNetRadio via your mobile device (Mobile Uploads), (ii) the ability to receive and reply to iNetRadio messages and listen to iNetRadio audio files, (iii) the ability to browse iNetRadio from your mobile device (Mobile Web), and (iv) the ability to access certain iNetRadio features through your mobile device (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding iNetRadio and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your iNetRadio account information to ensure that your messages are not sent to the person that acquires your old number.

iNetradio Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the iNetRadio website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement iNetRadio and InterNetwork will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf). If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent by using the Contact Us link at the bottom of each webpage.

To be effective, such Notification of Alleged Copyright Infringement must include substantially the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you posted material that was removed in response to a Notice of Alleged Copyright Infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending a counternotice to our Designated Agent whose name and contact information is above.

To be effective, the counternotice must be a written communication that includes substantially the following information:

(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

iNetradio Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, iNetRadio and InterNetwork have adopted a policy of terminating, in appropriate circumstances and at iNetRadioís sole discretion, members who are deemed to be repeat infringers. iNetRadio may also at its sole discretion limit access to the Site (www.iNetRadio.com) and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The iNetRadio Site (www.iNetRadio.com) contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, audio, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by iNetRadio, and iNetRadio is not responsible for any Third Party Sites accessed through the Site (www.iNetRadio.com) or any Third Party Applications, Software or Content posted on, available through or installed from the Site (www.iNetRadio.com), including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by iNetRadio and InterNetwork. If you decide to leave the Site (www.iNetRadio.com) and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that iNetRadio terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site (www.iNetRadio.com) or relating to any applications you use or install from the site.

Terms of Sale

By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.

User Disputes

You are solely responsible for your interactions with other iNetRadio users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy

We care about the privacy of our users. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

iNetRadio and InterNetwork are not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by iNetRadio, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on iNetRadio.com or in connection with any User Content or Third Party Applications, Software or Content. iNetRadio and InterNetwork are not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The iNetRadio Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. iNetRadio assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. iNetRadio is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile device equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile device, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will iNetRadio be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE INETRADIO SITE, AND SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND THE MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND INETRADIO AND InterNetwork DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INETRADIO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. INETRADIO DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE INETRADIO SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

iNetRadio reserves the right to change any and all content, software and other items used or contained in the iNetradio Site and any Services and Platform Applications offered through the iNetRadio Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by iNetRadio and InterNetwork..

iNetRadio Limitation on Liability

IN NO EVENT WILL INETRADIO OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF INETRADIO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INETRADIOíS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INETRADIO FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL INETRADIOíS LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM INETRADIO OR InterNetwork, REGARDLESS OF THE CAUSE OF ACTION.

iNetRadio Termination

iNetRadio and InterNetwork may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the iNetRadio Service or the Site or any Platform Application (or any portion, aspect or feature of the iNetRadio Service or iNetRadio Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

iNetRadio Governing Law; Venue and Jurisdiction

By visiting or using the iNetRadio Site and/or the iNetRadio Service, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and iNetRadio or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Connecticut, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Connecticut.

Arbitration

YOU AND INETRADIO AND InterNetwork AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the iNetRadio Marketplace may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (http://www.adr.org)(the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the iNetRadio Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.