We may automatically amend these Terms and Conditions at any time by informing you of the amended terms via email to the email address you provide to us. Such amendments will be effective when sent. Alternatively, we may display the amended terms to you when you access our site, in which case such terms shall be effective when posted. Otherwise, these Terms and Conditions may not be amended except in a writing signed by both parties.

1. If you are an adult, you will become eligible to use the Service upon (a) subscribing to the Service and accepting these Terms and Conditions by pressing the "Log In" button on the www.DAMBIZ.com log in screen and (b) paying the applicable fees, if any. If you are a minor you will become eligible to use the Service upon (x) your parent or guardian subscribing to the Service and accepting these Terms and Conditions on your behalf by pressing the "Log In" button on the www.dambiz.com log in screen and (y) paying the applicable fees if any. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the failure or inaccuracy of the service. Please be aware that there are certain areas on the www.DAMBIZ.com web site that contain adult or mature content. You must be at least 18 years of age to access and view such areas. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur in connection with your use of the Service, and providing all equipment and software necessary to connect to our web site and the Service via the Internet. We may add, delete or change some or all of the services provided for in connection with the Service at any time. Any new features that augment or enhance the Service will be subject to these Terms and Conditions. We may establish general practices and limits concerning use of the Service. For example, we may change the tier structure or distribution package content of your www.DAMBIZ.com account. You agree to accept these general practices and limits as they may be in effect from time to time. In addition, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof), or your access to the Service (or any portion thereof), for any reason or no reason, with or without notice. You agree that we will be liable to you and only you for royalties or unused service fees relating to member services for any modification, suspension or discontinuance of the Service or your access to the Service. We will not be lible to any third party for any modification, suspension or discontinuance of the Service or your access to the Service.
2. To use the Service, you must first register via our web site. In consideration of use of the Service, you agree that the information you provide to us is and will be true, correct and accurate in all respects, and you agree to update such information as necessary to keep it true, correct and accurate in all respects. If you provide any information that is not true, correct and accurate in all respects, or we have reasonable grounds to suspect that such information is not true, correct and accurate in all respects, we have the right to suspend or terminate your use of the Service. You will be asked to establish a login name and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password for your www.DAMBIZ.com account, and are fully responsible for all activities that occur under your password or account. You agree (i) that you will not provide your member login name or password to any third party, and you will not allow any third party to access your Member account, and (ii) to immediately notify us of any unauthorized use of your password or account or any other breach of security.
3. You shall comply with all laws and regulations applicable to your use of the Service. Also, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You may only use the Member Service for personal purposes, not commercial purposes.You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
4. We may terminate your use of the Service immediately if (i) you breach these Terms and Conditions, (ii) you repeatedly infringe the intellectual property or other rights of a third party, or (iii) we are unable to verify or authenticate any information you provide to us. In addition, you agree that we may terminate your password, your use of the Service and remove and discard any content in your www.DAMBIZ.COM account, for any reason, including, without limitation, for lack of use. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your www.DAMBIZ.com account and all related information and files, and/or bar any further access to such files or the Service. Sections 7, 8, 9 and 10 shall survive termination of these Terms and Conditions.
5. We reserve the right to run advertisements and promotions on all pages of the www.DAMBIZ.com web site, including all download pages. By accessing your member or artist account, you agree that we have the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising by us within the pages comprising member accounts is subject to change and shall be determined by us in our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the www.DAMBIZ.com web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the DAMBiz.com web site.
6. These Terms and Conditions may not be assigned by you to any third party without the prior express written consent of www.DAMBIZ.com. Any assignment that violates this provision is null and void.
7. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms and Conditions, or your violation of any rights of a third party.
8. By accepting these Terms and Conditions, you expressly consent to certain disclosures of your personally identifiable and other personal information to third parties, and to our use of your information, as enumerated in our then-current privacy policy, which is available at http://www.dambiz.com/help/privacy.html.
9. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE SERVICE AND/OR YOUR Member ACCOUNT IS BEING MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE." YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE AND/OR YOUR MY.DAMBIZ.COM ACCOUNT; AND DAMBiz.COM MAKES NO REPRESENTATION OR WARRANTY, AND DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, THAT THE SERVICE AND/OR YOUR MY.DAMBiz.COM ACCOUNT WILL PERFORM IN THE MANNER EXPECTED WITHOUT INTERRUPTION, ERROR OR DEFECT. WITHOUT LIMITING THE FOREGOING: ALL REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES, WHETHER STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR RESPECTING SATISFACTORY QUALITY) ARE HEREBY DISCLAIMED BY DAMBiz.COM TO THE FULLEST EXTENT PERMITTED BY LAW; DAMBiz.COM SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR OR IN RESPECT OF ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LIABILITY, LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SERVICE AND/OR YOUR MY.DAMBiz.COM ACCOUNT, OR FOR ANY LOSS OF DATA, LOSS OF PROGRAMS, PROFIT, REVENUE OR BUSINESS, HOWSOEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE OR BREACH OF THESE TERMS AND CONDITIONS OR OTHERWISE), EVEN IF THE SAME WAS FORESEEABLE BY, OR THE POSSIBILITY THEREOF IS OR HAS BEEN BROUGHT TO THE ATTENTION OF, DAMiz.COM.
   
   YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST DAMBIZ.COM FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE IN THE SERVICE AND/OR YOUR MY.DAMBIZ.COM ACCOUNT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE, SUBJECT TO THESE TERMS AND CONDITIONS, THE RESTORATION OF THE SERVICE AND/OR ACCESS TO YOUR MY.DAMBIZ.COM ACCOUNT. THE FOREGOING SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST DAMBIZ.COM.
   
   SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO THAT EXTENT, AND NONE OF THE ABOVE SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
   
   
10. These Terms and Conditions are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms and Conditions shall be brought in a court in San Diego, California. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control.
    
    BY USING THE SERVICE AND/OR YOUR MY.DAMBIZ.COM ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THESE TERMS AND CONDITIONS, WHICH MAY BE MODIFIED FROM TIME TO TIME BY DAM RECORDS (AND POSTED AT THE DAM RECORDS WEB SITE), AND ANY OTHER MATERIALS EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES, AND SUPERSEDE ANY AND ALL PRIOR AND CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS EXISTING BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER. CERTAIN PROVISIONS OF THESE TERMS AND CONDITIONS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED WITHIN THE DAMBIZ.com WEB SITE.
    
    
11. Warranty: Consumer Electronic products are covered by manufacture warranty. All sales are final. Replacement product is provided for defective merchandise within the first week of product purchase only. No refunds are given.