Thank you for visiting theymightbegiants.com (the "Site"). The Site allows you the opportunity to download music files featuring concert performances by TMBG (the "Music Files"). These Terms of Use govern your access to and use of the Site and its contents and any downloading of the Music Files. These Terms of Use are a legal contract between you and TMBG ("TMBG"). Please review them carefully. By using this Site, you agree to the terms and conditions contained in these Terms of Use. If you do not want to agree to these Terms of Use, then you should not use the Site. You should also review our Privacy Policy. These Terms of Use may be updated from time to time. While we will try to notify of significant changes to the Terms of Use, you should regularly review them, particularly if you do not access the Site frequently. If you continue to access the Site and/or download Music Files after changes are made, even if you have not received notice of such changes, you will have agreed to the Terms of Use as modified. The effective date of these Terms of Use is November 2003. 1. Ownership TMBG is the exclusive owner of the Site, including all site content and code. "Content" includes not only the Music Files, but all other audio and visual elements of the site. Except as otherwise permitted by TMBG, neither Content nor any other part of the Site may be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed, or modified in any way, including for public or commercial purposes. Any rights not expressly granted herein are reserved to TMBG. Copyright 2003 TMBG. TMBG is a trademark and service mark belonging to TMBG. Any unauthorized use of the marks is strictly prohibited. TMBG also uses or displays marks of third parties with their permission. Nothing contained in the Site grants you, by implication, estoppel or otherwise, any license or right to use any marks displayed on the Site without the written permission of TMBG or such third party that owns or controls such mark. 2. License Grant TMBG grants you a non-exclusive, non-transferable limited license to access and use the Site and to view any Content posted on or accessed through the Site. In addition, upon registration and payment of the appropriate fee, TMBG grants you a license to download the applicable Music Files. This license is subject to your compliance with these Terms of Use and is for personal use only and not for any commercial purpose. You hereby agree not to use the Site or any Content (including Music Files) for any commercial purpose whatsoever. The license to download Music Files includes the right to copy downloaded files onto CDs and other media for personal use only. Copying Music Files for any other purpose (including making copies for other people) is a violation of the license, as well as federal and state copyright law. All purchases through theymightbegiants.com are non-refundable. You agree that you will not (nor allow any third party to) modify the Content or any code contained in the Site in any manner or form; create derivative works, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Content. You agree to retain all copyright and other proprietary notices on the Content. You agree to comply with all applicable laws regarding your use of the Site. 3. Registration In order to download Music Files, you must register with TMBG. If you wish to register, please click here. When you register, you agree to provide true, current and complete information about yourself as prompted by the registration form and agree to maintain and promptly update such information to keep it true, current and complete. You will receive a user name and a password that you may use to download Music Files. You are responsible for maintaining the confidentiality of the password and user name, and are responsible for all activities that occur under your password or user name. You agree to immediately notify TMBG of any unauthorized use of your password or user name or any other breach of security. TMBG is not responsible whatsoever in the event your password is misappropriated by a third party. You must be at least eighteen (18) years old to register and download music files. 4. Disclaimer of Warranties/Limitation of Liabilities This site is offered for entertainment purposes only. TMBG does not warrant the truth or validity of the information contained on its Site. You acknowledge and understand that mistakes or omissions may occur in the data or information provided, as well as delays or interruptions of the data or information stream. USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TMBG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TMBG MAKES NO WARRANTY THAT (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (b) CONTENT WILL BE ACCURATE (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OR RELIABLE, OR (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH DOWNLOAD OR USE OF ANY MATERIAL, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. TMBG WILL NOT BE LIABLE TO YOU FOR ANY 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 TMBG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE (OR INABILITY TO USE THE SERVICE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN CERTAIN CIRCUMSTANCES. 5. Materials Posted By You Any materials you submit or make available for inclusion on the Site (for example, by message/billboard postings, postings to forums etc.) ("Your Materials") are subject to the following terms and conditions. You grant TMBG an irrevocable, perpetual, world-wide, royalty free, non-exclusive and fully sub-licensable license to use, distribute, reproduce, sublicense, modify, adapt, publish, translate, perform (either publicly or by digital audio transmission) and publicly display Your Materials (in whole or in part) on the Site and to incorporate Your Materials into other works in any format or medium now known or later developed. You warrant and agree that none of Your Materials (a) infringe on any rights of third parties, including copyrights, (b) is confidential or trade secret information of any party, (c) constitutes invasion of privacy or misappropriation of rights to publicity or personality, (d) is obscene, sexually explicit, defamatory or unlawful; or (e) contains a virus or other damaging content. 6. Indemnity You agree, at your own expense, to defend and indemnify and hold TMBG, and its affiliates harmless against any claim or demand which may be asserted against TMBG or its affiliates, including reasonable attorneys' fees, arising out of any breach or alleged breach of any of your obligations set forth in these Terms of Use or due to or arising out of anything you submit, post, transmit or make available through the Site. 7. General Terms The Terms of Use, the Site and the Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules. Any claim, dispute or controversy between you and TMBG arising from or relating to the Terms of Use, the Site or your relationship with TMBG must be resolved exclusively in the appropriate state or federal court located in San Francisco County, California. THE PARTIES EXPRESSLY WAIVE THEIR ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING. In any legal action relating to the Site, the Terms of Use or your relationship with TMBG, the party that wins will be reimbursed by the party that loses for all reasonable attorneys' fees and expenses, including the cost of enforcing a judgment. TMBG may provide notices of significant changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site. Notices to you may also be made via either email or regular mail. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Failure by either party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by such party.