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LEGAL NOTICE, DISCLAIMER, TERMS OF USE FOR LOUISVILLEMUSIC.COM and LOUISVILLEMUSICNEWS.COM

PLEASE READ THESE TERMS CAREFULLY, AS USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS.

This site, hereafter referred to as "the Site," is owned and operated by Paul Moffett dba LouisvilleMusic.com. ("The Company") in partnership with Louisville Music News, Inc. Access to and use of these World Wide Web sites ("www.louisvillemusic.com and www.louisvillemusicnews.com") is provided subject to these terms and conditions. These terms may be modified from time to time without notice to you. You are responsible for checking these terms periodically for changes. Your continued use of the LouisvilleMusic.com/LouisvilleMusicNews.com Web sites constitutes your acceptance of the modified terms and conditions.

The information, artwork, text, video, audio and/or photographs, collectively referred to as "the Content," contained on the LouisvilleMusic.com/LouisvilleMusicNews.com Web sites is protected by all United States and international copyright and related laws. You may only access and use the Content for personal or educational purposes. You may not modify or use the Content for any other purpose without The Company's express written consent . Except as provided below, you may not reproduce, republish, post, transmit, publicly perform, publicly display or distribute any Content on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site.

In accordance with the principal of "Fair Use," you may print the Content on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site for personal or educational purposes only, and you must include any copyright notice originally included with the Content in all copies, including copyright notices posted in the document header. All articles contain appropriate copyright notices within the document headers.

Any services purchased or otherwise made available from the LouisvilleMusic.com/LouisvilleMusicNews.com Web site are licensed under the terms of the applicable terms of service agreement.

The Content included on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site has been compiled from a variety of sources and is subject to change without notice.

All media files on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files made available for playback on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site without obtaining the express written consent of the Company. You may not link directly to any media file located on a LouisvilleMusic.com/LouisvilleMusicNews.com server, and you should not attempt to "pass-off" or "deep link" any LouisvilleMusic.com/LouisvilleMusicNews.com content as your own work.

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current.

During the registration process, you will create a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Once you have completed the registration process, the Company will set up a profile for you. Information supplied by you or gathered by the Company as a result of your usage of the site shall be the exclusive property of the Company, subject to the Privacy Agreement.

You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password or profile.

"Forums" shall mean any chat area, poll, bulletin board, e-mail or other interactive function offered as a part of the LouisvilleMusic.com/LouisvilleMusicNews.com Web site. All information, advice, files, links, communications or other Content posted by you ("User-Supplied Content") to any Forum shall be your responsibility. You shall not post or transmit via any Forum any User Supplied Content which infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You shall use the LouisvilleMusic.com/LouisvilleMusicNews.com Web site for lawful purposes only. Posting or transmitting such content shall constitute a violation of the Terms Of Use and be sufficient cause for termination of your user registration and membership. Such termination shall not constitute a restriction on other available legal actions that might be taken with respect to such postings.

The Forums shall be used only in a noncommercial manner. You shall not, without the Company's express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services. Such distributions or publications shall be sufficient grounds to terminate your rights to use the Forums.

By submitting User-Supplied Content to any Forum, you grant, or warrant that the owner of any such User-Supplied Content has expressly granted, to the Company a royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, publish, and distribute all such User-Supplied Content and/or to incorporate such Content in other works in any form, media, technology now known or later developed and to sublicense any and all such rights to third parties.

The Company shall have the right, but not the responsibility, to monitor and/or remove any User-Supplied Content posted by you to the LouisvilleMusic.com/LouisvilleMusicNews.com Web site deemed harmful or offensive in the Company's sole discretion, or that otherwise violate these terms and conditions or any other terms and conditions which the Company may institute from time to time. The Company shall have no liability for the failure to receive or for the removal of any such Content.

Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of the Company. The Company makes no representations or warranties regarding the Forums and neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the LouisvilleMusic.com/LouisvilleMusicNews.com Web site. It is your responsibility to evaluate or seek the advise of professionals to assist you in the evaluation of the accuracy, completeness, or usefulness or any Information provided in connection with or otherwise available on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site.

RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

· be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;

· affect us adversely or reflect negatively on The Company, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

· send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";

· be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;

· transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;

· violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement;

· modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or

· collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

The sites linked from the LouisvilleMusic.com/LouisvilleMusicNews.com Web site are not under the Company's control, and the Company does not assume any responsibility or liability for any communications or content available at such linked sites. Links on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site are not intended to be referrals and DO NOT CONSTITUTE ENDORSEMENTS of the linked entities; they are provided for your use and convenience only. You are solely responsible and liable for any interactions you may have with any such linked entities, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. The Company shall not be responsible or liable for any part of any such interactions.

FRAMING OR "DEEP LINKING" TO THE LOUISVILLEMUSIC.COM/LOUISVILLEMUSICNEWS.COM WEB SITE

You may not link to or frame ("Deep Link") any of the Content on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site without obtaining the express written consent of the Company.

You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to any information you submit, post, transmit or make available through the LouisvilleMusic.com/LouisvilleMusicNews.com Web site, your use of the LouisvilleMusic.com/LouisvilleMusicNews.com Web site, your connection to the LouisvilleMusic.com/LouisvilleMusicNews.com Web site, your violation of these terms and conditions, or your violation of any law, regulation or third-party right.

For purposes of this section, "The Company " shall include LouisvilleMusic.com, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

The services, products, content, information, advice, or other data (collectively, "Information") made available at the LouisvilleMusic.com/LouisvilleMusicNews.com Web site are provided "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. Your use of the LouisvilleMusic.com/LouisvilleMusicNews.com Web site and Information is at your own risk. The Company expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company shall have absolutely no liability whatsoever in connection with the Information including, without limitation, any liability for damage to your computer hardware, data, information, content and business resulting from the Information or the lack of information available on the LouisvilleMusic.com/LouisvilleMusicNews.com Web site. The Company shall have no liability for: 1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; 2. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or 3. Any decision made or action take or not taken in reliance upon the Information furnished hereunder.

The Company makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. The Company makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.

For purposes of this section, "The Company" shall include LouisvilleMusic.com and Louisville Music News, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

You understand and agree that, to the fullest extent permissible by law, neither the company nor any of its subsidiaries, affiliates, its or their respective officers, directors, employees, agents, licensors, representatives or suppliers shall be liable for any loss or damage, of any kind, direct or indirect, (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of or relating to your use of, reliance on, or inability to use the LouisvilleMusic.com/LouisvilleMusicNews.com Web site and/or the Information or any part thereof, or from the use of the Internet generally, even if the Company has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law.

For purposes of this section, "The Company " shall include LouisvilleMusic.com and Louisville Music News, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

Copyright © LouisvilleMusic.com and/or its licensors, 2004, all rights reserved. Louisville Music News® is the registered trademark of Louisville Music News, Inc. LouisvilleMusic.com is the trademark of Paul Moffett dba LouisvilleMusic.com. Other product and company names mentioned herein may be the trademarks of their respective owners.

The Company's designated agent for notice of claims of copyright infringement related to the LouisvilleMusic.com/LouisvilleMusicNews.com Web site is:

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the LouisvilleMusic.com/LouisvilleMusicNews.com Web site must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;

2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;

3. Information related to the work(s) reasonably sufficient for the Company to promptly locate the work (e.g. title of work, location within the LouisvilleMusic.com/LouisvilleMusicNews.com Web site, etc.);

4. Information reasonably sufficient to permit the Company to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;

5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement requesting that the Company take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and

7. 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.

You and the Company agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these terms and conditions, the LouisvilleMusic.com/LouisvilleMusicNews.com Web site, or your use of the Information (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or the Company toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of Kentucky. You and the Company also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and the Company may litigate in court only to compel arbitration under these terms of use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these terms and conditions in any manner which violates or may violate the Company's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to the Company (including, but not limited to, any breach that may impact the Company's or it's licensor's intellectual property rights, or a breach by reverse engineering), the Company may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and the Company must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) To the fullest extent permitted by applicable law: no arbitration under these terms and conditions shall be joined to an arbitration involving any other current or former licensee of the Company, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and the Company); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and the Company).

These terms and conditions shall be governed by the laws of the State of Kentucky and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Kentucky. These terms and conditions will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States to the country in which you reside. No delay or failure to take action under these terms and conditions shall constitute any waiver by the Company of any provision of these terms and conditions. These terms and conditions (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between the Company and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of these terms and conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These terms and conditions will bind and inure to the benefit of each party's permitted successors and assigns. These terms and conditions are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these terms and conditions shall be null and void. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.