Welcome to Skyline Music Services’ Web Radio Subscription. Before you can gain access and listen to Skyline Music Services’ Web Radio Subscription, you must read and accept the terms of Skyline Music Services’ Web Radio Subscription Service Agreement below. The Subscription Agreement provides important information about the Web Radio subscription and details your rights and obligations. From time to time it may be necessary for Skyline Music Services to update or revise certain portions of the subscription agreement. By subscribing to Skyline Music Services’ Subscription Web Radio, you are accepting the terms and conditions of Skyline Music Services Web Radio Subscription Service Agreement, and you agree that Skyline Music Services may change the terms of this web radio subscription service agreement. If Skyline Music Services makes any material changes or revisions to the web radio subscription service agreement, we will provide advance notice to you by email. If you don't agree to the changes proposed by Skyline Music Services, or to any of the terms and conditions in this web radio subscription agreement, your only remedy is to terminate your subscription service at the end of your subscription period. Subscription payments will not be refunded for unused portions of the subscription. 1. BASICS OF THE WEB RADIO SUBSCRIPTION AGREEMENT This Agreement constitutes your entire agreement with Skyline Music Services and governs your use of the Web Radio Subscription Services. To access the Web Radio Subscription Services, you must accept the terms of this Agreement. Your subscription entitles you to access Skyline Music Services’ Web Radio and to receive such other products, offers, and services as Skyline Music Services may offer from time to time, in its sole discretion. You agree not to reproduce, duplicate, copy, sell, resell, syndicate, distribute or exploit for commercial purposes, any portion of Skyline Music Services’ Web Radio Subscription Services, or products in relation, thereof. 2. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE WEB RADIO SUBSCRIPTION SERVICES IS AT YOUR SOLE RISK. ALL WEB RADIO SUBSCRIPTION SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SKYLINE MUSIC SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (b) SKYLINE MUSIC SERVICES MAKES NO WARRANTY THAT (i) THE WEB RADIO SUBSCRIPTION SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEB RADIO SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE WEB RADIO SUBSCRIPTION SERVICES WILL BE RELIABLE, AND (iv) THE QUALITY OR DELIVERY OF THE WEB RADIO SUBSCRIPTION SERVICES WILL MEET YOUR EXPECTATIONS. (c) ANY MATERIAL STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB RADIO SUBSCRIPTION SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH MATERIAL. (d) NO ADVICE OF INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKYLINE MUSIC SERVICES OR FROM THE WEB RADIO SUBSCRIPTION SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE WEB RADIO SUBSCRIPTION AGREEMENT. (e) SKYLINE MUSIC SERVICES (AND ITS AFFILIATES) SHALL NOT BE LIABLE TO YOU, THE USER, 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 WEB RADIO SUBSCRIPTION SERVICES AND/OR THE SKYLINE MUSIC SERVICES WEB SITE, OR FOR ANY LOSS OF DATA, LOSS OF PROFIT, REVENUE OR BUSINESS OR OTHER INTANGIBLE LOSSES (EVEN IF SKYLINE MUSIC SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF THE WEB RADIO SUBSCRIPTION SERVICES, OR THE SKYLINE MUSIC SERVICES WEB SITE, HOWSOEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE OR BREACH OF THIS AGREEMENT OR OTHERWISE). (f) Some states, jurisdictions or foreign countries provide rights in addition to those above, or do not allow excluding or limiting implied warranties, or limitation of certain types of liability. Therefore, the above exclusions or limitations might not apply to you or there may be state provisions that supersede the above. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. 3. CANCELLATION You understand and agree that no refunds will be issued for any subscription fees paid for our service (e.g. Web Radio). Unused portions of subscription payments will not be refunded. You also understand and agree that lapse of your Web Radio and/or cancellation of your subscription is your sole right and remedy with respect to any dispute with Skyline Music Services. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or Skyline Music Services’ enforcement or application of this Agreement; (2) any policy or practice of Skyline Music Services, or Skyline Music Services’ enforcement or application of these policies; (3) the content available through the Web Radio Subscription Services or the Skyline Music Services web site; (4) your ability to access and/or use the Web Radio Subscription Services or the Skyline Music Services web site. 4. MODIFICATIONS TO THE Web Radio SERVICE Skyline Music Services reserves the right to at any time, and from time to time to modify or discontinue, temporarily or permanently, the Web Radio Subscription Services (or any part thereof) with or without notice. You agree that Skyline Music Services shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web Radio Services. 5. MODIFICATIONS TO THE WEB SITE Skyline Music Services reserves the right to at any time, and from time to time, to modify or discontinue, temporarily or permanently, the programming on the web site, or the manner in which the programming is presented, whether or not accessed from the Web Radio Subscription Services (or any part thereof) with or without notice. You agree that Skyline Music Services shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any programming on the Skyline Music Services’ web site. 6. TRADEMARK INFORMATION Skyline Music Services, the Skyline Music Services logo, Skyline Music Services program logos are trademarks of Skyline Music Services, Inc or affiliates of Skyline Music Services, Inc. (the "Skyline Music Services Marks"). Without Skyline Music Services’ prior written permission, you agree not to display or use in any manner, the Skyline Music Services Marks. 7. MEMBER SERVICES INQUIRIES All Web Radio Service inquiries related to the Web Radio Subscription Services should be emailed to Skyline Music Services at: services@skylinemusicservices.com. 8. PURCHASED PRODUCTS On some occasions, we sell hard to find music tracks and CDs through our catalog page. The terms and conditions will be explained at time of purchase. 9. LAWS AND LEGAL NOTICES The Web Radio Subscription Agreement represents your entire agreement with Skyline Music Services and governs your use of the Web Radio Subscription Services. You agree that this is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Skyline Music Services to exercise or enforce any right or provision of the Web Radio Subscription shall not constitute a waiver of such right or provision. The laws of the State of Maryland govern this Agreement and your use of the Web Radio Services. You expressly agree to submit to the exclusive and personal jurisdiction of the courts located within the state of Maryland for any claim or dispute with Skyline Music Services arising from the Web Radio Subscription Agreement, or relating in any way to your use of the Web Radio Subscription. | 