Registration

Terms and Conditions of Thirdmile.com Registration
TERMS & CONDITIONS
THIS THIRDMILE.COM USAGE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND THIRDMILE PTY LTD. ("OUR," "US," "WE" OR "THIRDMILE"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS, COMMUNITY, FORUM AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER. 
This Agreement was last modified on 7th June 2007.
When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other Thirdmile owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our privacy policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service. 
1. ENROLLMENT IN THE SERVICE 
Thirdmile currently provides the Service for sampling and downloading media in WMA, WMV and MP3 formats. The Service consists of a credit system with multiple plans whereby you are granted specified download rights to our catalog of music, sermons and video files. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to the media files. To begin the enrollment process, you must complete the Service registration process located on our web site at http://www.thirdmile.com ("Thirdmile Site") or such other registration process as we may provide from time to time. 
2. MODIFICATION 
We may add, delete or modify any of the aspects of our Service and/or any of the terms and conditions contained in this Agreement at any time in our sole discretion. We will notify you of any such changes via email or by posting a change notice on our site at http://www.thirdmile.com/. If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes shall be effective upon the date we notify you of the same ("effective date"). Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services. 
3. YOUR REGISTRATION OBLIGATIONS 
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service, as applicable. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. 
4. THIRDMILE PRIVACY POLICY 
Thirdmile takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service. Our Privacy Policy is set forth here.
5. TECHNOLOGICAL AND USE LIMITATIONS 
5.1.    Thirdmile will make reasonable efforts to keep the Thirdmile.com Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of Thirdmile may, from time to time, result in temporary service interruptions. Thirdmile also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Thirdmile shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service. 
5.2.    By enrolling in the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You may only make copies of any file obtained through the Service for your own personal use. Files that are protected by Digital Rights Management (DRM) technology are subject to DRM conditions set forth here.
5.3.    Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. Thirdmile reserves the right to immediately and permanently terminate your access to the Service if Thirdmile believes that you are violating such limitation. 
5.4.    You may not use or allow others to use, your IDs and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.
You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service. 
5.5.    You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 
5.6.    Thirdmile derives its rights to use the musical tracks offered on the Service from artists, record labels and respective organizations for fixed periods of time and, sometimes, for limited territories. As well, Thirdmile is sometimes required to pull certain tracks off the Service for legal reasons. Therefore, certain tracks offered or advertised by Thirdmile may not be available when you try to download, and not all tracks are available in all countries. 
5.7.    You agree to use commercially reasonable means to prevent the use of the musical tracks as a musical ringer in connection with phone calls. You agree that Thirdmile shall not be liable to you or to any third party for any of the direct or indirect consequences as a result of you modifying, converting musical tracks, including but not limited to, musical ringers in connection with phone calls.
6. TERM, FEES, PAYMENTS
6.1.    Payment must be made for any payable Service e.g. but not limited to Music, by a valid PayPal account that is accepted by PayPal, or any other methods of payment as Thirdmile may accept from time to time. If Thirdmile does not receive payment from the payment service provider such as PayPal or its agent, you agree to pay all amounts due upon demand by Thirdmile. Your PayPal agreement governs your use of your designated PayPal account in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a PayPal account holder. YOU, AND NOT THIRDMILE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. 
6.2.    If Thirdmile does not receive the full amount of the fee for the selected payable Service within thirty (30) days of the Billing Date, a late payment charge of fifteen percent (15%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify Thirdmile of any discrepancies within thirty (30) days after they first appear on your Service account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries or disputes made by you or PayPal. You release Thirdmile from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to Thirdmile within thirty (30) days of its first appearance on your Service account or PayPal account statement. 
6.3.    You agree to pay Thirdmile all reasonable attorney's fees and costs, and any PayPal fees and costs incurred by Thirdmile to collect any past due amounts or resolve disputes. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account. 
6.4.    Fees, charges and payments related to Services carried out on a terminal (computer) within Australia are subject to government taxes, duties, levies or other charges imposed by a taxing or other regulatory authority. Fees, charges and payments related to Services do not include and you are solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of the Service. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service. 
6.5.    THIRDMILE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY THIRDMILE, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.thirdmile.com/. THIRDMILE MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your use of the Service, as provided in Section 8 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. 
7. FORUMS AND COMMUNITY USE  
Thirdmile takes the use of forums and community seriously and operates under the policies and principles outlined in this section applicable for all users, moderators and administrators of forums and community features; all written content (articles and reviews) contributors including Thirdmile personnel, and users that contribute to artist “wiki” including all artist/genre pages.
7.1.    Property Rights: You may post reviews, comments and other content; send personal messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Thirdmile reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. 
If you do post content or submit material, and unless we indicate otherwise, you grant Thirdmile and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Thirdmile and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. 
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Thirdmile or its affiliates for all claims resulting from content you supply. Thirdmile has the right but not the obligation to monitor and edit or remove any activity or content. Thirdmile takes no responsibility and assumes no liability for any content posted by you or any third party. 
7.2      Content/Activity Prohibited: The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Thirdmile Services. Thirdmile reserves the right to investigate and take appropriate legal action against anyone who, in Thirdmile's sole discretion, violates this provision, including without limitation, removing the offending communication from the Thirdmile Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Thirdmile:
7.2.1.        is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 
7.2.2.      �harasses or advocates harassment of another person; 
7.2.3.      �exploits people in a sexual or violent manner; 
7.2.4.      �contains nudity, violence, or offensive subject matter or contains a link to an adult website; 
7.2.5.       �solicits personal information from anyone under 18; 
7.2.6.       �provides any telephone numbers, street addresses, last names, URLs or email addresses; 
7.2.7.       �promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 
7.2.8.       �promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 
7.2.9.       �involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 
7.2.10.       contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 
7.2.11.       furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 
7.2.12.       solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
7.2.13.       involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8. TERMINATION
8.1.    We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease. 
8.2.    Termination of this Agreement shall not relieve you of any obligations to pay any charges subject to section 6. 
8.3.    Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. If such termination occurs and you have not exhausted the credits permitted to you under the applicable payment plan, we shall refund to you a share of the fee for the period prorated for the number of remaining unused credits. 
9. INTELLECTUAL PROPERTY RIGHTS 
9.1.    Only you may access the Service using your IDs, unless otherwise agreed to in writing by Thirdmile. The content available through the Service is the property of Thirdmile or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of Thirdmile and/or its licensors. 
9.2.    You acknowledge that Thirdmile retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and Thirdmile reserves all rights not expressly granted hereunder. You shall promptly notify Thirdmile in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or Thirdmile’s patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. 
9.3.    By posting messages, inputting data, suggesting playlists, suggesting ideas or engaging in any other form of communication through the Service, you irrevocably agree that any such content, and all intellectual property rights associated therewith, shall become our sole property. We may copy, sublicense, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit. 
10. DISCLAIMER OF WARRANTIES 
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE THIRDMILE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE THIRDMILE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 
11. LIMITATION OF LIABILITY 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THIRDMILE, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT THIRDMILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 
12. INDEMNITY 
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end. 
13. CHOICE OF LAW AND CONSENT TO JURISDICTION 
This Agreement is governed by the laws of the State of New South Wales, Australia., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Sydney, New South Wales, Australia with respect to all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). 
14. OTHER IMPORTANT PROVISIONS 
14.1.  Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 13. 
14.2.  You shall not use the Service in any manner contrary to local, state or federal law. Thirdmile expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law. 
14.3.  Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. 
14.4.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. 
14.5.  No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. 
14.6.  You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception. 
14.7.  This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. 
14.8.  Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, 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) (subject to any shorter limitation applicable pursuant to Section 6 above) and you hereby waive any longer statute of limitations that may be permitted by law. 
14.9.  The application of the Contracts (rights of third parties) act 1999 is expressly excluded from this Agreement.
14.10. A printed version of this Agreement and of any notice given in electronic form shall be admissible in 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. 
14.11. Thirdmile is not responsible for typographic errors.
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