1. ACCEPTANCE OF TERMS AND CONDITIONS -
BidBarker™ provides its service to you, subject to the following Terms And Conditions ("TAC"), which may be updated by us from time to time without notice to you. Please read this TAC everytime you are using our services. In addition, when using BidBarker™ services, you and BidBarker™ shall be subject to any posted guidelines or rules applicable to services.

2. DESCRIPTION OF SERVICE -
BidBarker™ is currently providing users with access to extensive on-line resources, including goods and services involving music and/or other things. You understand and agree that the services provided are "AS-IS" and that BidBarker™ assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personal settings.

3. YOUR REGISTRATION OBLIGATIONS -
In consideration of your use of the BidBarker™ Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by BidBarker's™ registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BidBarker™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BidBarker™ has the right to suspend or terminate your account and refuse any and all current or future use of the BidBarker™ Service (or any portion thereof). BidBarker™ is concerned about the safety and privacy of all its users.

4. BidBarker™ PRIVACY POLICY -
Registration Data and certain other information about you is subject to our Privacy Policy. All information received by BidBarker™ is for our internal use only. Your name, address, phone number and credit card information will be used solely to process your order, while your e-mail will be used for order confirmation, newsletters, and business correspondence. BidBarker™ will not release, sell, or pass along any personal information to any outside party for any reason.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY -
You will receive a password and account designation upon completing BidBarker's™ registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BidBarker™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BidBarker™ cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

6. MEMBER CONDUCT -
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 BidBarker™, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. BidBarker™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BidBarker™ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to:

a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable

b. impersonate any person or entity, including, but not limited to, a BidBarker™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity

c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service

d. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

e. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party

f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose

g. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

h. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges

i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service

j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law

k. "stalk" or otherwise harass another; or

l. collect or store personal data about other users.

You acknowledge that BidBarker™ does not pre-screen Content, but that BidBarker™ and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BidBarker™ and its designees shall have the right to remove any Content that violates the TAC or is otherwise 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. In this regard, you acknowledge that you may not rely on any Content created by BidBarker™ or submitted to BidBarker™, including without limitation information in all other parts of the Service. You acknowledge and agree that BidBarker™ may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BidBarker™, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE -
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. INDEMNITY -
You agree to indemnify and hold BidBarker™, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.

9. NO RESALE OF SERVICE -
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. MODIFICATIONS TO SERVICE -
BidBarker™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BidBarker™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION -
You agree that BidBarker™, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BidBarker™ believes that you have violated or acted inconsistently with the letter or spirit of the TAC. BidBarker™ may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TAC may be effected without prior notice, and acknowledge and agree that BidBarker™ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BidBarker™ shall not be liable to you or any third-party for any termination of your access to the Service.

12. DISCLAIMER OF WARRANTIES - YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BidBarker™ 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. BidBarker™ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN 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 DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BidBarker™ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.

13. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT BidBarker™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BidBarker™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

14. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

15. NOTICE -
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TAC or other matters by displaying notices or links to notices to you generally on the Service.

16. COPYRIGHTS and COPYRIGHT AGENTS -
BidBarker™ respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BidBarker™'s Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2.a description of the copyrighted work that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.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. BidBarker™'s Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:

By mail:
Copyright Agent
c/o BidBarker™
PO Box 282445
San Francisco, CA 94128
By phone: (650) 877-7358
By e-mail: info@BidBarker.com

17. GENERAL INFORMATION -
The TAC constitute the entire agreement between you and BidBarker™ and govern your use of the Service, superceding any prior agreements between you and BidBarker™. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TAC and the relationship between you and BidBarker™ shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and BidBarker™ agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California. The failure of BidBarker™ to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. 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 TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TAC are for convenience only and have no legal or contractual effect.

18. VIOLATIONS -
Please report any violations of the TAC to our Customer Care group.