LimeWire Store Terms of Use
Dated: January 31, 2008

THIS IS A LEGAL AGREEMENT BETWEEN YOU and Lime Wire, LLC, a delaware corporation ("Lime Wire") STATING THE TERMS THAT GOVERN YOUR USE OF THE LimeWire STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL of Lime Wire's RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND Lime Wire. Clicking on "Agree" signifies your binding agreement to these terms of use. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND Lime Wire reserves the right to block access to the LimeWire Store for NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the Service: The LimeWire Store ("the Service) is an internet-based digital content retail service together with all related information, products and materials made available to you through the Service by Lime Wire and its licensors.
2. The Service is offered and made available only users age 13 and older. If you are under the age of 13, if you live outside of the United States or if, you do not accept and agree to all the terms of this Agreement for any reason, please discontinue the registration process and do not access or use the Service.
3. 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 Lime Wire 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.
4. ENROLLMENT IN THE SERVICE: Lime Wire currently provides the Service for sampling and downloading media in a DRM-free file format. The Service consists of both subscription plans and other purchase options whereby you are granted specified download rights to our catalog of DRM-free media files, subject to certain limitations as described herein. 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 and/or view the media files. The enrollment process is accessible via http://www.store.limewire.com/store/app/pages/register/Register or such other registration process as we may provide from time to time.
5. 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.store.limewire.com/store/app/pages/about/TermsOfUse. 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.
6. YOUR REGISTRATION OBLIGATIONS
   1. Registration for the Service is conducted in the English language only. On registering for the Service you agree that you will retain a copy of the Agreement which applies at the time of your registration whether by saving it to your computer or printing it. We will also retain a record of the Agreement. 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 credit or debit card with your card issuer as required (and in accordance with our Privacy Policy) for your use of and access to the Service, as applicable. If your card issuer does not validate your card and authorize payment to us, we will not accept your registration.
   2. Once you register for 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. Breach of any provision of this paragraph may subject you to criminal or civil liability. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
   3. When you submit Registration Data to us, we will send you an email confirming receipt of your Registration Data but this shall not require us to accept your registration for the Service.
7. LIME WIRE PRIVACY POLICY: Lime Wire takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy http://www.store.limewire.com/store/app/pages/about/PrivacyPolicy, 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.
8. TECHNOLOGICAL AND USE LIMITATIONS
   1. Lime Wire will make reasonable efforts to keep the LimeWire Store Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of Lime Wire may, from time to time, result in temporary service interruptions. Lime Wire 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 Lime Wire 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.
   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, including through the LimeWire filesharing client. You may only make copies of any file obtained through the Service for your own personal use.
   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. Lime Wire reserves the right to immediately and permanently terminate your access to the Service if Lime Wire believes that you are violating such limitation.
   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:
      1. 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;
      2. violates any law or regulation or the rights of others;
      3. causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or
      4. 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.
   5. You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to:
      1. 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;
      2. act in a way that affects or reflects negatively on us, the Service, or anyone else;
      3. 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 applicable laws and regulations which are applicable to your use of the Service.
   6. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
      1. accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access;
      2. attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent;
      3. 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
      4. 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.
   7. You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Service and/or the Lime Wire Site including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer's functionality or operation.
   8. Lime Wire derives its rights to use the media offered on the Service from artists and record labels, publishers and other third parties for fixed periods of time and, sometimes, for limited territories. As well, Lime Wire is sometimes required to pull certain media off the Service for legal reasons. Therefore, certain media offered or advertised by Lime Wire may not be available when you try to download. FURTHERMORE, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICE IF YOU LIVE IN A COUNTRY OUTSIDE OF THE SERVICE TERRITORY, CURRENTLY THE UNITED STATES.
9. TERM, FEES, PAYMENTS
   1. By registering for the Service, you agree to pay the fees designated for the Service level you select in accordance with our Pricing and Payment Terms, which can be found at http://www.store.limewire.com/support.
   2. Subject to the terms below, your subscription will continue automatically at the fee rate applicable to the Service, which you have selected unless terminated by Lime Wire or until you notify Lime Wire of your decision to cancel your subscription to the Service.
   3. Each month during the term of this Agreement, the fees for use of the Service will be billed automatically to the credit or debit card you designated during the Service registration process or subsequently provided to Lime Wire. You agree to pay or have paid all fees and charges incurred in connection with your IDs for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit or debit card or there is a change in credit or debit card validity or expiration date, or if you believe someone has accessed the Service using your IDs without your authorization, you must contact Lime Wire immediately at http://www.store.limewire.com/support.
   4. Payment must be made by a major credit or debit card accepted by Lime Wire (currently, VISA, MasterCard, American Express, or any other methods of payment as Lime Wire may accept from time to time. Your credit or debit card will be billed monthly in advance commencing on the date of your registration and continuing thereafter on a monthly basis on the thirtieth (30th) day following the expiration of the preceding billing period ("Billing Date"). If Lime Wire does not receive payment from the card issuer or its agent, you agree to pay all amounts due upon demand by Lime Wire. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT LIME WIRE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
   5. If Lime Wire does not receive the full amount of your Service account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) 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 Lime Wire of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release Lime Wire from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to Lime Wire within sixty (60) days of its first appearance on an invoice or credit or debit card statement.
   6. Your account may be deactivated without further notice if payment is past due, regardless of the amount due. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account.
   7. The fees, charges and payments hereunder are inclusive of any applicable taxes and other charges imposed by a taxing or other regulatory authority relating to your use of the Service.
   8. LIME WIRE 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 LIME WIRE, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.store.limewire.com/store/app/pages/account/plan/PlanOverview. LIME WIRE MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your subscription to the Service, as provided. 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.
10. TERMINATION
    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 (or we suspect that you have done so), 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. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
    2. Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.
    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 in the middle of your subscription period and you have not exhausted the downloads permitted to you under the applicable payment plan, we shall refund to you a share of your prepaid subscription fee for the period prorated for the number of remaining unused downloads.
11. INTELLECTUAL PROPERTY RIGHTS
    1. Only you may access the Service using your IDs, unless otherwise agreed to in writing by Lime Wire. The content available through the Service is the property of Lime Wire or its licensors and is protected by copyright, database right and other intellectual property laws. All software used on the LimeWire Site is owned or licensed by Lime Wire and is protected by copyright laws. Content received through the Service may be used, viewed 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 Lime Wire or the respective rightsholders.
    2. You acknowledge that Lime Wire 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, database rights, trade secrets or trademarks with respect to the Service or its contents, and Lime Wire reserves all rights not expressly granted hereunder. You shall promptly notify Lime Wire in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or Lime Wire's patent, copyright, database right, 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.
    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.
12. Disclaimer of Warranties; Liability Limitations.
    1. Lime Wire DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME LIME WIRE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
    2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY LIME WIRE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
    3. IN NO CASE SHALL LIME WIRE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LIME WIRE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    4. LIME WIRE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LIME WIRE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
    5. LIME WIRE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LIME WIRE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE LIMEWIRE STORE THAT ARE STORED IN YOUR SYSTEM.
13. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD LIME WIRE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY LIME WIRE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM LIME WIRE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF LIME WIRE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
14. CHANGES. Lime Wire reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be incorporated into this Agreement and will be effective immediately upon posting to this website. Your continued use of the LimeWire Store following the posting of Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
15. NOTICES. Lime Wire may send you notice with respect to the Service by sending an email message to the email address listed in your LimeWire Store Account contact information, by sending a letter via postal mail to the contact address listed in your LimeWire Store Account contact information, or by a posting on the LimeWire Store. Notices shall become effective immediately.
16. Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Lime Wire or relating in any way to your use of the Service resides in the courts of the State of New York.
17. Miscellaneous. These Terms of Use constitute the entire agreement between you and Lime Wire and govern your use of the Service, superseding any prior agreements between you and Lime Wire. 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. If any part of these Terms of Use 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. Lime Wire's failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such provision, or any other provision of these Terms of Use. Lime Wire will not be responsible for failures to fulfill any obligations due to causes beyond its control.