PREAMBLE

This document constitutes the Terms and Conditions for use of www.indiemundo.com as provided by Theta Prime Systems, or any future owner of the site, by the user. It includes the general terms and conditions for all users, licensing agreement for artists, and the privacy policy for all users. “Use of the site”, as defined below in Definitions, part 2, implies compliance and agreement to these terms and conditions in their entirety.

DEFINITIONS

0. As used in this document, the website http://indiemundo.com (hereafter referred to as “the site”) as provided by Theta Prime Systems, or any future owner of the site, (hereafter referred to as “TPS” or “the creator”) includes all files and scripts used by TPS to deliver content via any means to the end user, and the results of these files, databases, or scripts as processed by any computer system, where “computer system” refers to any computation device capable of processing binary information.

1. Technical Definitions include, but are not limited to, the following. Should a abbreviation or common name be used without further explanation, it shall be taken to mean the most commonly used or standard use of that abbreviation or common name in the area of computing and technology.
·(a) Hypertext Transport Protocol shall hereafter be referred to as “HTTP”
·(b) File Transport Protocol shall hereafter be referred to as “FTP”
·(c) Hypertext Transport Protocol Secure shall hereafter be referred to as “HTTPS”
·(d) Internet Protocol shall hereafter be referred to as “IP”
·(e) Structured Query Language shall be referred to as “SQL”
·(f) Uploading refers to the transmission of any data to the servers used by the site.
·(g) Data refers to any information in any form as used by the user, the site, or any third party.

2. “Use of the site” includes, but is not limited to, direct use via HTTP, FTP, HTTPS, IP, indirect use of any of previously mentioned protocols through a proxy server, use of any site files in any internet browser, transportation of any site files through any means, and use of any site files in any other computer program.

3. The user of the site may hereafter be referred to as “you”.

TERMS OF SERVICE

0. TPS reserves the right to refuse service to any party or user without any notification in any form, for any reason, and without repayment or refund, as deemed appropriate by TPS. Violation of the Terms of Service or Licensing Agreement is one, but not the only, possible reason for cancellation of service. TPS reserves the right to use any means to block service; including, but not limited to, the banning of certain IP addresses, blocking and or deleting of certain accounts from databases, files, or scripts of the site, or removing the site from the internet entirely.

1. The user shall not, and is not allowed to, participate in any activity designed to directly or indirectly use the site in a method other than that intended by the creators, including, but not limited to, SQL injection, address-variable injection, direct or indirect attacking of the website through other, unforeseen ways, hacking, with any intent including, but not limited to, the destruction or manipulation of records, the destruction or manipulation of files, the destruction or manipulation of servers, gathering information not intended for the end user.

2. TPS assumes no responsibility for any consequences of the use of the site, including, but not limited to, the loss of assets in any form, the destruction of computers, files, software, or scripts, the detonation of explosives, including nuclear weapons, . All responsibility for all consequences of use of the site is fully assumed by you, the user. The site is provided with no warranty in any form, that is, there is no warranty for this site, to the extent permitted by applicable law. Except when otherwise stated explicitly in writing, the site is provided “as is”, without warranty of any kind, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the site is with you, the user. You assume the cost of all necessary servicing, repair, correction, or replacement, of any files, computers, scripts, databases, etc, as a consequence of use of this site

3. In no event, unless required by applicable law or agreed to explicitly in writing, will any party be liable to you, the user, for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use the site including but not limited to loss of data or data being rendered inaccurate, or loss sustained by you or a third party, or a failure of the site to work with any other programs.

4. TPS reserves the right to publish new versions of this document at any time for any reason without notification or advanced warning of any kind. Continued use of the site implies agreement with new terms and conditions.

5. Any disputes including this site as a party that will be resolved in a court of law shall be resolved in the courts of the State of Florida, United States of America.

6. All money transferred to TPS for the purpose of purchasing songs is agreed to have no outside or real monetary value, instead acting as a credit.

LICENSE AGREEMENT FOR ARTISTS

By uploading any data intended for use as music or audio, including, but not limited to, music in the mp3, m4a, m4p or wav format, you agree to the terms of this agreement, in its entirety. Uploaded information shall hereafter be referred to as “songs” or “the song”. The party that uploads any of the above-mentioned data shall be referred to as “the artist” or “artists”.

0. All rights to distribute songs electronically, both temporarily as "streaming media" and permenately as a download, including, but not limited to, any transmissions via HTTP, HTTPS, FTP, IP, over any type of wire, electro-magnetic wave, or fiber-optic cable, are hereby granted to any and all current or future owners of the site. In exchange, artists will be paid, via PayPal or other money transfer service as decided by the owners of the site, one hundred percent (hereafter referred to as “the percentage”) of the direct revenue from the distribution of their songs to the users, except for revenue directed to pay any costs the current or future owners of the site may incur while transferring money from users to artists, including, but not limited to, charges by a service such as PayPal. TPS reserves the right to change the percentage at any time without warning or notification in any form. These rights shall be transferred to any future owners of the site, should TPS sell the site. TPS reserves the right to sell these rights to any other party.

1. TPS assumes no rights to the songs other than those discussed above, including but not limited to distribution via other means, including, but not limited to, CD, Vinyl Disc, or live distribution at any performance.

2. Any legal consequences, including, but not limited to, copyright lawsuits, of the creation or distribution of the songs using any method are assumed by the artist, as possible under applicable law.

3. TPS reserves the right to publish new versions of this document at any time for any reason without notification or advanced warning of any kind. Continued use of the site implies agreement with new terms and conditions.

4. Any disputes including this site as a party that will be resolved in a court of law shall be resolved in the courts of the State of Florida, United States of America.

PRIVACY POLICY

0. TPS reserves the right to collect and record any information on the users or artists via any means, including, but not limited to, cookies, recording of IP addresses, and email addresses. TPS will not intentionally distribute this data to any third party without the consent of the user.

1. TPS reserves the right to publish new versions of this document at any time for any reason without notification or advanced warning of any kind. Continued use of the site implies agreement with new terms and conditions.

2. Any disputes including this site as a party that will be resolved in a court of law shall be resolved in the courts of the State of Florida, United States of America.

END OF TERMS AND CONDITIONS