Sing-Magic.COM TERMS AND CONDITIONS
Sing-Magic.com ("Sing-Magic") provides Sing-Magic Downloads service and web site "AS IS" and subject to the following terms and conditions ("Terms").

YOU AGREE TO THESE TERMS BY YOUR USE OF ANY OF THE Sing-Magic PRODUCTS, SERVICES OR WEB SITE.

THE SERVICES. Sing-Magic Downloads offers a web site and sound and graphical products (which includes software and content)(collectively, the "Services"). The Services including products such as karaoke songs. Sing-Magic can change or discontinue the Services or make any other modifications to these Terms at any time.

OFFER TERMS. You understand and agree that Sing-Magic offers each Sing-Magic Downloads product subject to its own particular usage terms, conditions and cost. If you choose to utilize any specific Service, you agree to be bound by these additional terms, including, without limitation, any requirement to pay for such Services.

LIMITED SOFTWARE AND CONTENT LICENSES. Sing-Magic grants you a limited, non-exclusive license to use the Services and its website, including the corresponding software and content, subject to these Terms. COPYRIGHT OWNERSHIP. The software and content (including graphics and sounds) distributed with the Services is owned by Sing-Magic. Artist references of ringtones are only factual references for the purpose of identifying the compositions. No artist reference is meant to imply that the ringtone is the master recorded by the applicable Artist, or any endorsement by, or affiliation with such artist. You may not print, copy, reproduce, distribute, modify, or in any other manner duplicate the software and content in whole or in part. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer, reverse-compile, decompile, disassemble or make derivative works from any software or content provided by Sing-Magic. You may not modify the software or use it in any way not expressly authorized by this Agreement. Do not sell, commercially exploit, or claim to be the owner, composer, designer or author of any of the software and content you receive from Sing-Magic as part of the Services.

YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement and that you will use the Services only for lawful purposes and subject to this agreement. DISCLAIMER OF WARRANTIES. Sing-Magic OFFERS THE SERVICES ON AN "AS IS" BASIS. Sing-Magic CANNOT PROMISE OR WARRANT THE ACCURACY OR AVAILABILITY OF THE SERIVCES, SOFTWARE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. Sing-Magic MAKES NO REPRESENTATIONS OF WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF ACCURACY OR WARRANTY OF NON-INFRINGEMENT CONCERNING THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH Sing-Magic REGARDING THE SERVICES IS THE CANCELLATION OF THE SERVICES. LIMITATIONS OF LIABILITY. NEITHER Sing-Magic, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. 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, Sing-Magic'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INJUNCTIVE RELIEF. You acknowledge that the Services contain proprietary and confidential information, and that disclosure of such information or misuse will give rise to irreparable injury to Sing-Magic, inadequately compensable in damages. Accordingly, Sing-Magic may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.

TERMINATION. Your right to use the Services (including the software and content) shall terminate immediately if you breach these Terms. In the event of termination, the paragraphs entitled Copyright Ownership, Disclaimer of Warranties, Limitation of Liability and Construction shall survive.

CONSTRUCTION. These Terms represent your entire agreement with Sing-Magic concerning the Services. If any part of the Terms is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect.

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