CDfuse.com

1.      “Artwork” means album cover artwork and any other artwork that you provide to CDfuse.  All such artwork shall be deemed approved and cleared by you for all purposes unless you provide us with written notice to the contrary.  “Metadata” means the digital information conveying information regarding a Digital Master, such as your name, the title of the applicable album, the name of the song and the record company name, and it shall be subject to the protection of Title 17, Section 1202 of the United States Copyright Law. “Electronic Transmission” means any transmission of Content to the consumer, whether sound alone, sound coupled with an image, or sound coupled with data, in any form, analog or digital, now known or later developed (including, but not limited to, limited downloads, permanent downloads, streams, audio-only recordings or audiovisual recordings made available through portable subscription services, mobile tones, “streaming audio”, “streaming audio/video”, “digital downloads”, direct broadcast satellite, point-to-multipoint satellite, multipoint distribution service, point-to-point distribution service, cable system, telephone system, broadcast station, and any other forms of transmission now known  or hereafter devised) whether or not such transmission is made on-demand or near on-demand, whether or not a direct or indirect charge is made to receive the transmission and whether or not such transmission results in a specifically identifiable reproduction by or for any transmission recipient.  All references in this Agreement to the “distribution” of Content, unless expressly provided otherwise, shall be understood to include the distribution of master recordings by way of Electronic Transmission.

You hereby appoint CDfuse as your authorized representative for the sale and other distribution of your Content as provided herein. You hereby grant CDfuse the non-exclusive right, during the Term and throughout the universe, to: (a) digitally reproduce and convert your Content; (b) perform and make available for promotional purposes, portions of your Content by “streaming” to promote its license, sale and distribution; (c) promote, sell, distribute, deliver and/or otherwise exploit Content and associated metadata via Electronic Transmission to purchasers who may use such Content in accordance with usage rules agreed by CDfuse; (d) use your Content, Artwork and related metadata as may be reasonably necessary or desirable for CDfuse to exercise its rights under and in furtherance of this Agreement.

2.    (a)    The Term of this Agreement shall commence on the date hereof and shall continue for a period of one (1) year.  The Term will automatically extend thereafter until and unless terminated by either party upon no less than thirty (30) days notice to CDfuse. The foregoing shall not limit in any way the rights of end users who have acquired your Content or Artwork.  CDfuse will use its reasonable efforts to have any such Content removed from our site as soon as possible thereafter.

    (b)    You agree to deliver the Content and Artwork to CDfuse in such form as we may reasonably request within ten (10) days after the date hereof.

3.   CDfuse shall pay you an amount equal to one hundred percent (100%) of the net amount for the sale of a single, $0.99 digital download after a $0.39 transaction fee. CDfuse shall retain $3.50 for every digital album sale, where a digital album is a collection of 9 or more tracks from a specifically titled album. CDfuse will retain the standard $0.39 transaction fee for all individual tracks purchased that are not listed under a specific title.

Company shall make payments to you on a calendar monthly basis. You are solely responsible for keeping up with contact name and address for Payment. Payments are to be made within 30 days of the conclusion of the month to accounts who have accumulated a minimum of $10.00 in earnings. If your account earns less than $10.00 in a given month that sum will be carried over to subsequent months until such time as the amount earned exceeds the $10.00 payment threshold. At no point will payments of less than $10.00 be made unless as a final payment on a cancelled account. Such payment obligation shall constitute full consideration for all rights granted and all obligations undertaken by you hereunder.  You will have the right to affiliate with a performance rights society and Sound Exchange or other entity to collect monies that may be payable to you for the public performance of your Content.

4.    You shall obtain and pay for any and all clearances and licenses as may be required in each territory or any portion thereof for uses of your Content, Artwork and metadata.  You shall be responsible for and shall pay: (a) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of the Content; (b) all mechanical royalties or other sums payable to publishers and/or authors or co-authors of musical compositions embodied in Content from sales or other uses of such Content; (c) all payments that may be required under any collective bargaining agreements applicable to you or any third party; and (d) any other royalties, fees and/or sums payable with respect to your Content, Artwork, metadata and other materials provided by you to CDfuse. You agree that the amount payable to you is inclusive of any so-called “artist royalties” and “mechanical royalties” that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction.

5.  CDfuse may use the names and approved likenesses of, and biographical material concerning, any artists, bands, producers and/or songwriters, as well as track and/or album name, and Artwork, in any marketing materials for the sale, promotion and advertising of the applicable Content which is offered for sale or other use under the terms of this Agreement.  CDfuse shall have the right to market, promote and advertise the Content as available for purchase and makes no guarantees whatsoever about there being any minimum sales or uses of any Content.

6. As between you and CDfuse, all right, title and interest in and to your Content and Artwork, and all copyrights and equivalent rights embodied therein, and all materials furnished by you, shall be and remain your property.

7.   CDfuse reserves the right to change, modify, add to or remove all or part of this Agreement, upon notice to you sent via email at least ten (10) days prior to their effective date.  In the event that you do not consent to any such proposed changes your sole recourse shall be to terminate the Term of this Agreement by notice to CDfuse as provided above, and your failure to do so within ten (10) days of the date of any such email from CDfuse to you shall constitute your acceptance of such changes.  The expiration of the Term of this Agreement shall not relieve either party from their respective obligations incurred prior to or during the Term.  Accordingly, provisions of this Agreement will continue to apply even after the expiration of the Term.

8.  You represent and warrant that you have the full authority to act on behalf of any and all owners of any right, title or interest in and to your Content or Artwork.  You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by shall not violate or infringe the rights of any third party.  Each party represents and warrants that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement.  Each party represents and warrants that it shall perform their obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.

9.    You agree to fully indemnify and hold CDfuse harmless, and upon CDfuse request, defend CDfuse and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim. Accordingly, you agree to reimburse CDfuse and its licensees on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this paragraph 9.  CDfuse shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for CDfuse benefit you may assume control of the defense of such claim, provided that CDfuse shall have the right in all events to participate in the defense thereof.

10.   This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, or employee.  This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof.  This Agreement cannot be changed or modified except as provided herein.  A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.  This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with the Company website, or as properly updated.  This Agreement shall be governed and interpreted in accordance with the internal laws of the State of Texas applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.  The titles used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns.  Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

TERMINATION OF SERVICES

You may terminate your registration and use of our Website at any time and for any reason and, of course, you are under no obligation to make any purchases or Payment Transactions with us. If you have any questions about terminating your registration, you can send us an e-mail to info@cdfuse.com, with your E-mail Address and Password information. We may ask you to provide us with certain other Registered User Information for security and verification purposes. You understand and agree that termination or cancellation of your registration and use of our Website, is your sole right and exclusive remedy with respect to any dispute you may have with us, even if you believe that such a right or remedy fails of its essential purpose.

CDfuse reserves the right, in its sole discretion, to terminate your account, membership or access to our Website at any time, without warning. Upon termination, suspension, deactivation, cancellation or any other cessation of your right to use our Website, you will not be entitled to compensation, damages, nor any refund of monies previously paid, nor will you be relieved of any obligation you agreed to, including the payment for purchases incurred through Payment Transactions you have already made. Any and all monies due and outstanding on the effective date of termination, together with any obligations you may have committed to prior to the effective date of termination, shall be accelerated, be immediately due, owing and payable by you and we may collect the full amount thereof from your Payment Account without further notice or obligation to you.

CDfuse may terminate, cancel, deactivate, suspend or otherwise discontinue your right to use our Website, your registration and your right to make Payment Transactions without any liability or further obligation of ours of any kind whatsoever to you or any other party, at any time for any reason in our sole and absolute discretion and including situations in which you breach (or we believe you have breached or are attempting to breach) this Agreement, if we are notified or determine (or have reason to believe) you have or are engaging in conduct or activity that infringes on our rights or the rights of any party, and we have the right to declare all monies then due, owing and outstanding immediately due and payable and you will not be entitled to a refund of any amounts previously paid.

If we terminate, cancel, deactivate, suspend or otherwise discontinue your right to use our Website, your registration and your right to make Payment Transactions and you have not breached this Agreement or violated any laws or regulations, then we shall, unless prohibited or restricted by law, continue to provide you with such rights to continue using the Content which you have downloaded and purchased and for which payment has already been made by you.

You are responsible for any payment of merchandise that will be returned to you within 30 days of termination. Failure in payment to return merchandise back to you or your representation will permit CDfuse.com to keep merchandise. Failure to provide inventory or other reasons which prevent CDfuse.com from servicing customers may constitute for termination.

RULES OF CONDUCT

You agree that your use of our Website and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Services. You agree not to:

Disseminate content intended to harass, abuse, threaten, impersonate any other individual or entity, and disseminate obscene, defamatory, indecent, harmful, libelous, unlawful and/or other objectionable material/information.

Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes.

Use the Services for commercial purposes - other than in connection with the exploitation of your music or film - including, without limitation, for the advertising or offering of goods or services.

Transmit or upload programs or material that contain viruses, time bombs, cancel bots, worms, Trojan horses or other harmful or deleterious programs.

Transmit or upload any material that contains software or other material that is protected by intellectual property laws and/or would infringe upon rights of privacy or publicity of a third party unless you own or control the rights thereto or have received a license, permission and/or consent thereto.

Try to gain unauthorized access to the Services; other users' accounts, or computers connected to the Services though password mining or other means.

Violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Services.

Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services.

ADVERTISING

Users may from time to time enter into correspondence with or participate in the promotions of advertisers or providers of third party services through the Site. All such correspondence, including, without limitation, any resulting contractual agreements, is solely between the advertiser and the user and, as such, we shall not be responsible for upholding any applicable terms, conditions, and representations of warranties made by advertiser or user in connection therewith.

SERVICE LIMITATIONS

CDfuse makes reasonable efforts to keep our Website available and operational, however, technical difficulties, routine site maintenance, enhancements, upgrades and events outside our control may, from time to time, result in service interruptions. We also reserve the right, at any time and from time to time, to modify, suspend, terminate or discontinue, temporarily or permanently, features and functions of our Website with or without notice. You agree that CDfuse shall not be liable to you or any third party if we modify, suspend, terminate or discontinue our Website, in whole or in part, or any features or functions of our Website.

If you download Content, you may only make copies for your own personal use and only in compliance with all laws, regulations and the terms and conditions of this Agreement. Our Website is designed for personal use and you are not allowed to use any automated system for the selection or downloading of Content or any other feature or function of our Website. CDfuse reserves the right to immediately and permanently terminate your registration and your use and access to our Website if you are, or CDfuse believes you are, in violation or breach of this or any other provision of this Agreement.

Your use of our Website is at your own risk and as between you and us, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of our Website or associated with your use of our Website. Without limiting the foregoing, we are not responsible or liable to you or anyone else for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of our Website.

Portions of our Website contain or utilize Software, Content, features and/or functions supplied, licensed or provided by our third party suppliers and licensors. Your Agreement to comply with the terms and conditions of this Agreement and respect and protect the intellectual property and other rights of others, including us, is also undertaken for the benefit of those third party suppliers and licensors. We will advise you if there are additional terms or conditions which apply to third party Content, Software, features or functions and you must agree to them before you may use these.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

OUR WEBSITE, CONTENT AND ALL MATERIALS, GOODS, SERVICES, FEATURES AND FUNCTIONS THEREOF, ARE ALL MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THEY WILL BE AVAILABLE FOR USE OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE, PERFORM AS DESCRIBED OR THAT YOUR USE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS.

WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR EQUIPMENT, SOFTWARE, WRITING, PLAYBACK, RECORDING DEVICE OR MOBILE OR PORTABLE PLAYER OR ANY OTHER DEVICE WILL BE COMPATIBLE WITH OUR SERVICE OR THAT ANY CONTENT WILL FUNCTION IN, ON OR WITH ALL DEVICES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE YOUR EQUIPMENT, SOFTWARE, DEVICES AND SYSTEMS FUNCTION CORRECTLY WITH OUR WEBSITE, ANY CONTENT AND/OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY UNAUTHORIZED USE OF OUR WEBSITE AND/OR CONTENT, BY YOU OR ANYONE USING YOUR REGISTRATION, YOUR PAYMENT ACCOUNT, YOUR E-mail Address and Password OR OTHER IDENTIFICATION.

LIMITATION OF LIABILITY AND REMEDY

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT, OUR WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM OR THE FORM OF ACTION, INCLUDING, WITHOUT LIMITATION, DAMAGES THAT MAY BE INCURRED BY OR BECAUSE OF THIRD PARTIES AND EVEN IF YOUR USE RESULTS IN DAMAGE TO OR THE NEED FOR SERVICING OR REPLACING EQUIPMENT, DATA, CONTENT, SOFTWARE OR SYSTEMS OR PORTABLE OR OTHER DEVICES YOU USE AND REGARDLESS OF WHETHER A CLAIM OR DAMAGES ARISE FROM OR ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with our Website, any Content or with any of the terms and conditions of this Agreement at any time, and notwithstanding any claim that a sole or exclusive remedy in this Agreement may or does fail of its essential purpose, you specifically agree your sole right and exclusive remedy is to discontinue use of our Website and/or the Content involved and terminate your registration and we have no other obligation, liability or responsibility to you or any other party.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

IN THE EVENT AND TO THE EXTENT, BUT ONLY TO THE EXTENT, THAT IN A PARTICULAR SITUATION, A LIMITATION ON REMEDIES, DAMAGES OR LIABILITY SET FORTH IN THIS AGREEMENT IS PROHIBITED OR RESTRICTED BY LAW, THEN, AND ONLY THEN, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND EQUITY IN SUCH SITUATION, BUT IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE CONTENT INVOLVED IN THE PAYMENT TRANSACTION.

LINKS TO OTHER SITES

Our Website may produce automated or other search results and may enable you to re-direct your browser to other web sites on the Internet, including links through advertising and Promotions. These are for your convenience and the appearance, availability or re-direction of your browser and/or your use of search capabilities, URLs or any hypertext links referenced or included in our Website or any other link or re-direction of your connection to, with or through our Website, does not constitute an endorsement, nor does it incur any obligation, responsibility or liability on our part. Third party sites are not under our control and we do not verify, endorse, or have any responsibility for them, nor for any content, goods or services associated with or obtained in connection with any such web site. If any third party obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Statement, which describes how we collect and use your personal information. Your access and use of any third party sites linked to our Website or otherwise, is entirely at your own risk.

INDEMNIFICATION

You agree to indemnify, defend and hold us, our Content rights holders, as well as any other Content providers, distributors, licensors and our and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims (including, without limitation, any claim you have improperly downloaded, encoded, compressed, copied, displayed, accessed, used or transmitted any Content), actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your breach or violation of this Agreement, any third party right or any law or regulation. We reserve the right to assume or authorize any Content rights holder to assume, at our or their expense, the exclusive defense and control of any such claim or action and all negotiations for its settlement or compromise, and you agree to fully cooperate in the defense of any such claim, action, settlement or compromise negotiations.

LAW THAT APPLIES

Our Website is operated by us or on our behalf and is intended solely and exclusively for residents of the Territory, who are at least 13 years of age or older. This Agreement and your use of our Website shall be governed by, construed and enforced under the laws of the State of Texas applicable to contracts made, executed and wholly performed in Texas. For all legal or equitable actions, you agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of Texas and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded and, if and to the extent applicable, you agree with us to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

EXPORT RESTRICTIONS

You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Content or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia (except Kosovo), Sudan and Syria or any other country subject to a U.S. embargo or (b) to anyone on the U. S. Treasury Department’s list of Specially Designated Nationals or the U. S. Commerce Department’s Denied Parties List or Entity List. By using our Website you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list and (iii) you will not export or re-export Content to any prohibited county or to any prohibited person, entity, or end-user as specified by U.S. export controls. For more information on the U. S. Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and the Bureau of Export Administration, please see their website homepage at http://www.bxa.doc.gov.

We make no claim Content is appropriate for any particular person, audience or purpose, or that our Website, or Content may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries. If you are not permitted to use our Website, download or use Content, initiate or consummate a Payment Transaction from outside of the United States and you do or attempt to do so, it is at your own risk and you are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any Content or other materials to countries or persons prohibited under the export control laws and regulations. By using our Website, using or downloading Content, initiating or consummating a Payment Transaction, you are agreeing you are not in a country where such export is prohibited and you are not on the U. S. Commerce Department’s Table of Denial Orders or the U. S. Treasury Department’s list of Specially Designated Nationals. You are solely responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Content or Products.

MISCELLANEOUS

If any term or condition of this Agreement is held illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision of this Agreement which must survive in order to allow us or any Content rights holder to enforce its meaning shall survive; however, no action arising out of this Agreement or your use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). No waiver or delay or failure to take action shall constitute or be construed as a waiver of that or any other term or condition.

CDfuse may communicate with you regarding by means of electronic communications, including (a) sending electronic mail to the e-mail address you provided to CDfuse during registration or (b) by posting of notices or communications on our Website. Electronic communications shall be considered received by you when CDfuse sends the electronic communication to the e-mail address you provided at the time of registration (or as updated by you as required) or when we post the electronic communication on our Website. CDfuse may provide communications or records to Purchaser by means of electronic communications and for those electronic communications that CDfuse is or may be required by law to provide in a written paper form to you: (a) you may contact us at info@cdfuse.com  to request another electronic copy of the electronic communication without a fee, (b) you may request a paper copy of the electronic communication and we reserves the right to charge you a fee to provide such paper copy, (c) you may contact us through our Website contact page to update your registration information (such as e-mail address) used for electronic communications or to withdraw your consent to receive electronic communications and (d) we reserve the right to terminate your use of our Website if you decline or withdraw consent to receive electronic communications from us.

This Agreement is personal to you and you may not transfer, assign, convey or delegate it to anyone else and any attempt by you to do so shall be null and void.

YOU ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT, INCLUDING ALL OTHER AGREEMENTS, DOCUMENTS AND REFERENCES HEREIN, INCLUDING OUR PRIVACY STATEMENT, THAT YOU UNDERSTAND IT AND THEM, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US WHICH SUPERSEDES ANY PRIOR OR INCONSISTENT OR OTHER AGREEMENT, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO OUR SERVICE.

YOU FURTHER CERTIFY AND CONFIRM THAT YOU ARE AT LEAST 13 YEARS OF AGE AND IF YOU ARE A TEENAGER, AS DEFINED IN THIS AGREEMENT (I.E., STILL A MINOR IN THE PLACE YOU LIVE), YOU HAVE THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN WHO ALSO AGREES WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SHALL BE RESPONSIBLE AS DESCRIBED IN THIS AGREEMENT

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to CDfuse.

NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following address:

Fuse Entertainment Management LLC.

Notification of Claimed Infringement:
CDfuse.com
PO Box 4397
Austin, TX 78765

Telephone Number: 512.825.9108
Email Address of Designated Agent: info@cdfuse.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

• An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work (or works) that you claim has been infringed;
• A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
• A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
• Your name, address, telephone number, and e-mail address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.