Kazaa, a music software program which is marketed and licensed by Brilliant Digital Entertainment Inc. (BDE)

Terms and Conditions of use

Introduction

Please read the following Terms and Conditions of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to BDE and its parents, affiliates and subsidiaries (individually and collectively, "BDE").

By using this Site you may access software, including the Kazaa Music Plugin and the Kazaa music service. As used in these Terms and Conditions of Use, the term, "Software" includes the Kazaa Music Plugin, any other software owned or controlled by BDE which you have selected for downloading and installation, and any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you. The Software includes security components that permit digital information to be protected and use to occur only as permitted by usage rules set by BDE and/or its licensors who have provided Materials (as defined herein) for the Services.

Using this Site or the Software, you may access some or all of the services (the "Services") offered by BDE and its licensors and authorized business partners (the "BDE Providers"). The Services include, but are not limited to the BDE music, video and ringtone subscription and download facility, and the BDE subscription service (the "Subscription Service").

By using this Site, the Services, or downloading and/or using the Software, you signify your acceptance of these Terms and Conditions of Use. You also agree to ensure that anyone who uses this Site, the Software or the Services on your computer also abides by the Terms and Conditions of Use. BDE has the right to revise the Terms and Conditions of Use at any time without providing notice to its users. Your continued use of this Site, the Software or the Services shall be deemed acceptance of those revisions. We reserve the right to change, modify, suspend or discontinue any portion of this Site, the Software or the Services at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

If you do not agree to (or cannot comply with) these Terms and Conditions of Use, as amended, you must stop using the Site, Software, and Services and, if applicable, cancel your Subscription Service. You will be deemed to have accepted these Terms and Conditions of Use, as amended, if you continue to use the Site, Software or Services after any amendments are posted. This license will terminate upon conditions set forth elsewhere within these Terms and Conditions of Use or if you fail to comply with any term or condition of these Terms and Conditions of Use. In such event, no notice shall be required by BDE to effect such termination. The license for use of the Software and aspects of the Services which may only be accessible through the Software is governed by the applicable Service's or Software's end user license agreement if there is any conflict between these Terms and Conditions of Use and any other end user license agreement for the Software or applicable Service.

Privacy

Your privacy is very important to us at BDE. To better protect your rights we have provided the Kazaa Privacy Policy to explain our privacy practices in detail.

Subscription services billed to mobile

Kazaa™ Subscription Service - $19.99/month plus standard messaging rates apply for unlimited ringtones and full track downloads, billed to cell phone or deducted from prepaid balance. (See Billing to Cell Phone below for further details.)

Accounts

If you desire to download or subscribe for music available from BDE or its licensors, you must register with BDE to open a Kazaa account ("Account") for the purpose of subscribing for and downloading or using content from the Site or to purchase Subscription Services. You represent, covenant and agree that you will access the Services in connection with your Account only from the country you identify as your residence when you establish your account. As part of the registration process, each user will select a password ("Password") and User Name ("User Name"). You agree to provide BDE with accurate, complete, and updated Account information. Failure to do so will constitute a breach of these Terms and Conditions of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that BDE, in its sole discretion, deems inappropriate or offensive. You shall notify BDE at customer support, of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You will be responsible for maintaining the confidentiality of your Password. BDE may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that BDE believes is: (i) illegal, fraudulent, harassing or abusive;(ii) a violation of these Terms and Conditions of Use, any other policies or guidelines posted by BDE; or (iii) harmful to other users, third parties, the Services, or the business interests of BDE. If BDE has terminated a portion, but not all, of your access to the Services for the foregoing reasons, you will nevertheless be responsible for all the charges for the Services, if any. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against BDE, or a claim which in any way involves BDE, then BDE may terminate your Account. Upon termination of your Account by BDE for any of the above-mentioned reasons, you will not establish a new Account for a period of not less than five years from the date of termination. Upon termination of your Account, BDE will have no obligation to notify any third parties nor will BDE be responsible for any damages that may result or arise out of termination of your Account.

Use of Materials; Usage Restrictions

Your use of the Materials is subject to the following restrictions:

The Materials may not be copied, reproduced, uploaded, exported, transferred, sold, forwarded, shared with others or transmitted in any way unless specifically authorized by BDE.
You may use the Materials for personal, noncommercial entertainment use only; You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.
Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is using the Materials on any networked computer environment or other website.
You may not make any use of the Materials that would infringe the copyright therein.
You must comply with all applicable law in your use of Materials and agree to protect any third party licensor's rights therein.
You may not make any unauthorized reproduction or distribution of Materials that violates applicable law.

You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions and/or DRM settings. All rights not expressly granted to you in these Terms and Conditions of Use are reserved to BDE and/or its licensors BDE (for itself and for the Materials owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.

Use of Software

The Software made available by download from this Site is the copyrighted work of BDE. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software. You will not be able to download or install any Software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software.

Individuals under 18 years of age

If you are between the ages of 13 and 18, please make sure you have permission to subscribe to the Services from your parent or guardian.

Individuals under 13 years of age

Pursuant to the provisions of the United States Federal Children's Online Privacy Protection Act (COPPA), our policy is to refuse individuals under the age of 13 years of age to submit information to the Site or to install and/or use the Software and the Service. If you are under 13 years of age, you are not permitted to install the Software or use the Site and/or the Service. If you are under 13 years of age and you have either agreed to our End User's License Agreement or created an account through the Site by lying about your age, you are in violation of our End User's License Agreement, these Terms and Conditions of Use, and our Privacy Policy. You must immediately discontinue any use of this Site, uninstall the Software and discontinue any use of the Service.

Subscription Services

In exchange for applicable fees, and subject to certain limitations as described herein, you will be granted the right to stream and/or download, as applicable, Materials that are available as part of the Subscription Service to which you subscribe on the terms specified during the subscription registration process.

In order to access your Service(s), you must have downloaded the Software, possess the hardware and software required by the Software, and be connected to the Internet. Downloads obtained through your Subscription Service may be played when you are not connected to the Internet, but you must connect periodically to download more or update licenses.

You acknowledge that some parts of the Service require the ongoing involvement and/or monitoring of BDE and/or their licensors. As such, in the event that BDE or any licensors changes or discontinues any part of the Service or the availability of any Materials through the Service, which may be done in their sole discretion, you acknowledge that you may no longer be able to use some or all of the Materials in the same manner as prior to the change or discontinuation, and that BDE shall have no liability to you in such case. Availability of Material is subject to change at any time. You acknowledge that BDE may automatically implement required updates, modifications, and/or reinstallations of the Software and/or install security fixes for the purpose of protecting or enhancing rights management, anti-piracy and/or security related features of the Software. Failure to permit such updates, modifications and/or reinstallations may result in interruption or termination of your Subscription Service without notice to you.

Full track Downloads

In addition to any and all other usage restrictions contained in these Terms and Conditions of Use and the terms specified during the subscription registration process for the Subscription Service to which you subscribe, you agree that the following usage restrictions apply to full track downloads of Materials through the Subscription Services:

Full track downloads are protected using digital rights management ("DRM") technology
Before being able to complete your music Subscription Service sign-up, you must register an account (your "Account") with BDE.
Before being able to download or play Materials, you must log into your Account from the PC on which you wish to play those Materials.
You may log in from and play files on up to 3 different PCs.
The Services support PCs only, not Mac or Linux.
You acknowledge you have read and understand the minimum compatibility requirements for the Subscription Services, and that you must be running Windows XP or Vista, and have Windows Media Player 10 or later installed in order to access the Services and Software.
You may not burn any of the full track downloads to a CD or any other permanent storage media.
When your Subscription Service expires or is cancelled, any downloaded Materials will no longer be playable or otherwise accessible by you.

Ringtone Downloads

In addition to any and all other usage restrictions contained in these Terms and conditions of Use and the terms specified during the subscription registration process for the Subscription Service to which you subscribe, you agree that the following usage restrictions apply to ringtone downloads of Materials through the Subscription Services:

Ringtone Materials can only be downloaded to a supported mobile device such as certain cell phones.
You may only use Ringtone Materials as a musical “ringer” in connection with phone calls.
You acknowledge you have read and understand the minimum compatibility requirements for the Subscription Services and that you must confirm that your device is a supported model before you subscribe to our ringtone offers. Due to the substantial number of cell phone devices and technologies, it is possible that your device is not supported by BDE. Accordingly, before you subscribe to one of our ringtone packages, you should check that your device is capable of downloading and playing ringtones in at least one of the following supported formats: MP3, AMR, WAV, ADPCM, AAC or MP4.
Notwithstanding the above, because of the great variety of handsets, content suppliers, ringtone formats and ringtone content protection systems, we cannot guarantee that any of our ringtone Materials will work on a particular device.
You may only download ringtone Materials to a maximum of three supported models.
Ringtone Materials may be used only on the device to which they were properly downloaded.
Ringtone Materials are not transferable, and cannot be moved from the device that they were purchased on or downloaded to.
Ringtone Materials survive the cancellation of your Subscription Service - i.e. you may continue to enjoy any ringtones that you have downloaded from the BDE Store to your phone via the Subscription Service, even after you have cancelled your Subscription Service with us.

More Restrictive Usage Rules By Different Licensors

Some record labels and licensors of the Materials may require stricter usage rules than the usage rules and restrictions specified herein. While BDE intends that all such requirements are covered by the usage rules and restrictions set forth elsewhere in these Terms and Conditions of Use, the specific requirements of such licensors are provided herein.

EMI Terms of Use applicable to EMI Ringtone Materials: The sound recording (“Recording”) you are purchasing and the copyrights therein are the valuable intellectual property of EMI Music and may be used by you solely in connection with your mobile handset as a musical “ringer.” You may not transfer the Recording out of your handset via any means for any purpose. Any copying, redistribution or other use of the Recording is expressly prohibited without the prior written consent of EMI.”

Warner Music Terms of Use applicable to Warner Music Materials: Unauthorized reproduction or distribution of Warner Music Materials violates applicable law, and Warner Music hereby reserves all rights, including applicable rights relating to the Warner Music Materials, as prescribed by Warner Music from time to time. You may only use Warner Music Materials for personal use only. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for the Warner Music Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.

Agreement to Pay

By completing the Subscription Service registration and checking the "I Agree to the Terms of service" checkbox, you authorize Brilliant Digital Entertainment Inc. (BDE) to charge applicable recurring subscription fees to your billing payment method designated during the registration process on a pre-paid basis for the Kazaa music service. Monthly subscribers are billed on a 30-day cycle, which begins upon Subscription Service registration and ends 30 days thereafter (each a "Subscription Month"). Unless you cancel (see "Cancellation" below) no later than five (5) days prior to the end of the then current Subscription Month, your subscription will be renewed for the following Subscription Month and you authorize BDE to renew your subscription, and bill you for the following Subscription Month. If we are unable to charge your billing payment method for any payment, BDE may: (i) immediately suspend or terminate your BDE account, (ii) seek collection of the outstanding amount owed under the subscription plan and/or (iii) seek legal action against you for breach of these Terms and Conditions of Use. If we are only able to successfully charge your billing payment method after its due date, then we will issue you an entitlement for the period of time remaining in that month (i.e., the remainder of the 30-day cycle.)

Customers who register for the Kazaa Subscription Service using a credit card may receive a 7-day free trial offer. Credit card details are captured upon sign up and Kazaa requests authorization for the applicable monthly fee but will only charge the account at the end of the 7-day trial period if the user has not cancelled their subscription within the 7-day trial period. This authorization process ensures that Kazaa will receive payment in the event the free trial customers elect to continue with the service beyond the free trial period.

If you have signed up to Kazaa with a credit card and received a free trial offer, unless you unsubscribe from Kazaa before the end of the free trial period, Kazaa will automatically charge your credit card with the applicable monthly subscription fee as soon as the free trial period expires.

BILLING TO YOUR LOCAL TELEPHONE
Brilliant Digital Entertainment Inc. (BDE) and Kazaa are not affiliated with your local telephone company however, for your convenience, BDE's charges will appear on your local telephone bill. The monthly fee of $19.95 will appear on your next local telephone bill and is non-refundable once your Kazaa account is issued. You may cancel your Kazaa service at anytime but the low monthly fee of $19.95 will be automatically billed on your local telephone bill in the Miscellaneous Charges section under Brilliant Digital Entertainment for BDE for each month of service.

You must be at least 18 years old to order this service and be duly authorized by the telephone account owner to make changes to and incur charges on the telephone account you provided on the registration page. BDE's authorization to provide and bill its services is obtained by way of your electronic signature. Once submitted, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with specific terms and conditions. BDE's reliance on your electronic signature, as obtained herein, was specifically sanctioned and written into law when the Uniform Electronic Transactions Act ("UETA") and the Electronic Signatures in Global and National Transactions Act ("E-Sign") were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper records or handwritten signatures.

Both the service and promotion are subject to confirmation of BDE's ability to apply its billing against your working telephone number. BDE will verify and approve all orders in accordance with its standard order verification procedures, and shall perform any scrubs that it deems appropriate.

All orders are subject to approval by BDE. BDE will notify approved customers via email or via postal mail of the activation of their service. The activation email will be sent to the email address you provided on the order registration page and include complete operating instructions and customer service contact information. You may withdraw your authority to have BDE's future billing appear on your local telephone bill by contacting BDE's customer service department as outlined in the activation email. You may cancel your service by calling customer service toll-free at 1-866-309-9203 or in writing to 654 Malenfant Boulevard, Dieppe, NB, E1A 5V8, Canada.

Attention AT&T Customers: You have the right to dispute the BDE charges billed on your local telephone bill. You are not legally responsible for BDE charges incurred by minors or vulnerable adults without your consent. Your local telephone service will not be disconnected because you fail to pay a charge by BDE, except that nonpayment of certain regulated telecommunications charges may result in disconnection of service in Alabama, Florida, Georgia, Kentucky, Louisiana, South Carolina and Tennessee.

Attention Qwest Customer: BDE's charges are considered enhanced telecommunications services. You have the right to dispute enhanced telecommunication service charges billed on your Qwest telephone bill. As a telephone service subscriber, you are not legally responsible for enhanced telecommunications service charges incurred by minors or vulnerable adults without your consent. Neither a long distance company nor Qwest may disconnect your local telephone or long distance service because you refuse to pay an enhanced telecommunications service charge. Enhanced telecommunications service providers may employ other agencies to collect delinquent service charges, even if Qwest has previously adjusted them from your telephone bill.

BILLING TO CELL PHONE
1. Kazaa™ Mobile SERVICE & BILLING INFORMATION current rates:
Kazaa™ Subscription Service - $19.99/month for unlimited ringtones and full track downloads. By registering for a Subscription Service or Text Services you authorize BDE to bill your mobile telephone invoice immediately or deduct from your pre-paid mobile phone balance. Monthly Subscription plans are billed the Fees each month until you cancel the Subscription. If you cancel your Subscription for any reason, BDE will not refund any of your Fees. Monthly subscribers are billed on a 30–day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (your "Billing Cycle"). Your mobile telephone bill will be charged or pre-paid phone balance will be deducted on the first day of each Billing Cycle. You agree that other charges (WAP, MMS, GPRS, and/or SMS) may apply. Access to account and content will end on your last billed date.

Help– Text 'HELP' to 52922 (Or if registered prior to March 24, 2009 text HELP to 44577) for text information on your Kazaa™ Subscription Service. You may also contact us toll free at 1-866-309-9203 between 24 hours days- 7 days a week or by sending an email to cs@kazaa.com or using the online form.

To Cancel
2.CANCELLATION & TERMINATION of Mobile Subscription
Cancellation by handset - You can cancel your Kazaa™ Subscription Service by sending a text message from your mobile device containing only the word 'STOP' to the shortcode 52922 (Or if registered prior to March 24, 2009 text HELP to 44577). To prevent future charges cancellation must be received a maximum of one day prior to your billing cycle date.

Cancellation by e-mail - You can cancel your Kazaa™ Subscription Service by sending a request to info@kazaa.aavalue.com

Cancellation by phone - You can cancel your Kazaa™ Subscription Service by calling toll free 1-866-309-9203 24 hours a day - 7 days a week.

Cancellation of Services will take effect on your next billing cycle date. All Credits remaining are able to be used until your end billing cycle date after which time content will be forfeited. To prevent future charges cancellation must be received a maximum of one day prior to your billing cycle date. For example, if your Mobile Device is billed for a monthly Membership subscription on the 4th of every month and you cancel on the 10th, you will not be billed in the next month, but your monthly Membership subscription will remain active for the remainder of the month in which you canceled.

Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, BDE will not refund any Fees.

Taxes

Prices quoted are generally inclusive of any applicable taxes, including sales taxes. BDE reserves the right to change this policy at any time.

Cancellation

You can cancel your monthly Subscription Service by sending the text message "STOP" to 52922 for subscriptions billed to a cell phone (or if you signed up prior to 24th March 2009, by texting the word “STOP” to 44577) or by logging into www.kazaa.com, clicking on the "View Profile" link in the top banner and clicking the ‘Unsubscribe’ link located in the Billing Information section of that page. Alternatively, you could use our online Contact Us form at our Customer Support site. For cell phone subscriptions, we will reasonably attempt to return a cancellation confirmation to you via text message to your registered mobile device. You should retain this confirmation as a record of your cancellation. If you cancel your monthly subscription, we will not refund any remaining portion of your subscription fees. Provided that you cancel no later than five (5) days prior to the end of the current Subscription Month, your cancellation will take effect at the end of the billing period during which you deliver notice to us of your intent to cancel. If you cancel your account at least five (5) days prior to the end of your billing period and are charged for the next month's fee, please contact our cell phone billing customer service at United States 1-800-861-7414 to have that charge refunded.

Questions

If you have any other questions regarding the Subscription Service, please use our online help facility

Copyright Information

As noted above, the Service, the Software and the Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by these Terms and Conditions of Use, certain end-user license agreements, and applicable law.

Disclaimer

*READ THIS CAREFULLY* THE SITE, THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BDE, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, THE SOFTWARE OR THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. BDE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SOFTWARE OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, VIRUS-FREE OR ERROR-FREE.

BDE WILL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND BDE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, THE SOFTWARE AND THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

*READ THIS CAREFULLY* You understand and agree that BDE shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if BDE has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Site, the Software and/or the Services; (b) the cost of procurement of substitute services or content resulting from any services obtained through or from the Site, the Software and/or the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Site, the Software and/or the Services; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site, the Software and/or the Services; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Site, the Software and/or the Services by a third party; or (h) any other matter relating to the Site, the Software and/or the Services, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of BDE shall not exceed the amount of Australian $25.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE AND/OR THE SERVICES IS TO DISCONTINUE ANY USE OF THE SITE AND/OR UNINSTALL AND CEASE USE OF SUCH SOFTWARE AND SERVICES.

Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Links to Third Party Sites

The links throughout this Site will let you leave the Kazaa Site. These links are provided as a courtesy only, and the sites they link to are not under the control of BDE in any manner whatsoever. Therefore, BDE is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. BDE is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by BDE of the site and/or any of its content therein.

Online Behavior and Prohibited Uses of the Software

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BDE, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via this Site, the Software or the Services. BDE does not control the Content posted via this Site, the Software or the Services and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this Site, the Software or the Services, you may be exposed to Content that is offensive, indecent or objectionable and you may be exposing others to Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to BDE including, through this Site or the Services.

Notwithstanding anything to the contrary, you may not:

remove any proprietary notices from this Site, Services, the Software or any copy thereof;
cause, permit or authorize the modification, creation of derivative works; translation, reverse engineering, decompiling or disassembling of the Software;
sell, assign, rent, lease, act as a service bureau, or grant rights in the Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of BDE;
export or re-export the Software in violation of U.S. export laws;
use this Site, the Software or Services for any commercial purpose or the benefit of any third party or any manner not permitted by the license grant;
use the Kazaa Software or Services to access any content files accessible through the Kazaa Software without the permission of the publisher of the content files;
copy the Kazaa Software (other than a single copy for your own backup purposes);
access, create or modify source code of the Software in any way;
use the Kazaa Software or Services to, or in any way that would, violate any applicable law, regulation or ordinance; or
use the Kazaa Software or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory or harmful; or (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Kazaa Software or Services.
use any unlicensed or unauthorized copies of the Software;
collect any information or communication about the users of the this Site, Services, the Software by monitoring, interdicting or intercepting any process of or communication initiated by this Site, Services, the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
with the exception of completely deleting any Software from your computer, and those actions permitted by your manual use of the user interface provided as part of the Software, take any action, including downloading and/or using third party software, that (1) modifies the settings of the Software as it functions with your computer, or (2) otherwise modifies, alters, blocks or interferes with the functioning of the Software and the security and content rights management software and functionality of the software and files downloaded from the Service;
attempt to hack this Site, Services, the Software or any communication initiated by the this Site, Services, or the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by BDE or its licensors with respect to this Site, Services, the Software and/or data and/or content transmitted, processed or stored by BDE or other users of this Site, Services, the Software; or
take any steps to interfere with or in any manner compromise any of BDE's security measures.

BDE may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act and similar laws, and you expressly authorize BDE to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

Your Representations and Warranties

You represent, promise and warrant that:

you possess the legal right and ability to enter into this Terms and Conditions of Use and to comply with its terms;
you will use this Site, the Software and Services for lawful purposes only and in accordance with this Terms and Conditions of Use, applicable end user license agreement(s) and all applicable laws, regulations and policies;
you will not attempt to decompile, reverse engineer or hack the Software, or the Services or to defeat or overcome any encryption and/or digital rights management technology implemented by BDE with respect to this Site, the Software, the Services and/or data transmitted, processed or stored by BDE, the Software or the Services;
you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by BDE or BDE's third party partners to protect the content and files distributed by BDE, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files;
you will not take any steps to interfere with or in any manner compromise any of BDE's security measures, the security measures of BDE's third party redemption partners, Promotional Programs administrators, or other BDE Providers; and
you will only use this Site, the Software and Services on a computer on which such use is authorized by the computer's owner.

Notification of Copyright Infringement

BDE will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, the Software or the Services, please notify BDE's Copyright Agent. Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the Notice ), and must include substantially all of the following:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
(c) a description of the exact name of the file on the Kazaa Software, the Services or this Site (and the location of the file, if it appears on this Site) that you claim is infringing or if the infringed work appears on a site linked to from this Site, the Software or Services, where the material that you claim is infringing is located on such site;
(d) information sufficient to permit BDE to contact you, such as your physical address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

To reach BDE's Copyright Agent for Notice of claims of copyright infringement
By mail:

The copyright agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring or through this Site, the Software or Services. All other inquiries directed to the copyright agent will not be responded to.

Export Control Law; Notice to U.S. Government Users

The export and re-export of the Software is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, Kazaa software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading the Software or using the Services, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. All BDE products and publications are commercial in nature. The Software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. '2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. '12.212 or 48 C.F.R. '227.7202, as applicable. Consistent with 48 C.F.R. '12.212 or 48 C.F.R. ''227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Severability

Indemnity

You agree to indemnify, hold harmless and defend BDE, BDE Providers, BDE's third party redemption partners and promotional programs administrators, their affiliates, parent companies, subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, the Indemnified Parties ), at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (a) violation or breach of any term of this Terms and Conditions of Use or any policy or guidelines referenced herein, or (b) use or misuse of this Site, the Software and/or Services.

Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of BDE used herein are trademarks or registered trademarks of BDE. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the mark owner.

Compliance with Law

The Service is controlled and operated by BDE from its offices in the New South Wales, Australia and offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

Governing Law

This Terms of Service shall be governed by and construed in accordance with the laws of New South Wales Australia, without regard to conflict of law rules thereof. Any action brought by you against BDE arising out of this Terms of Service shall be brought exclusively in the courts located in New South Wales, Australia, and any action brought by BDE against you arising out of these Terms and Conditions of Use shall, at the election of BDE, be brought in either the courts located in New South Wales Australia, or the applicable courts of the jurisdiction in which you reside. You and BDE hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous

BDE reserves all rights not expressly granted herein. BDE may modify this Terms and Conditions of Use at any time by posting the revised Terms and Conditions of Use on this Site. Your continued use of this Site, the Software and/or Services shall constitute your acceptance of such revised Terms and Conditions of Use. You may not assign any rights granted to you hereunder. Nothing in this Terms and Conditions of Use shall constitute a partnership or joint venture between you and BDE. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Terms and Conditions of Use shall nonetheless remain in full force and effect. The failure of BDE at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The terms set forth in this Terms and Conditions of Use and any agreements included or referred to in this Terms and Conditions of Use constitute the final, complete and exclusive agreement with respect to this Site, the Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended beneficiaries of these Terms and Conditions of Use and shall have the right to enforce them against you.

If you have any questions or concerns about this Terms and Conditions of Use or any issues raised in this Terms and Conditions of Use or on this Site, please contact us via the Contact Us form at our Customer Support site

Kazaa, a music software program which is marketed and licensed by Brilliant Digital Entertainment Inc. (BDE) Terms and Conditions of use