Username Password
  SIGN UP / DEMO LOGIN LOGIN

User Agreement

By visiting PurifyEntertainment.net (hereinafter the “Site”), submitting Materials or in any manner availing yourself of any Services offered at, on or through the Site you signify your agreement to all terms, conditions, policies and notices contained or referenced in this agreement (hereinafter the, or this, “Agreement”). If you do not agree with any provision of this Agreement, do not use the Site or any Service. Your continued use of the Site or any Service following the posting of any modifications to this Agreement constitutes your express acceptance of such modifications.

As between you (whether you are an individual representing yourself, or acting as the representative for a group, band, business entity or association) and Purify Entertainment, Inc., (referred to as "we," "us" or “Purify”), this Agreement applies to each and every service we offer (the "Service"). Some particularized Services may be subject to additional terms and conditions set forth in separate agreements. Purify Entertainment is an Oregon corporation with its principal place of business at 400 Vermont Ave, Moss Beach, CA, 94038. You and Purify Entertainment may be referred to collectively herein as the “Parties” and individually as a “Party.”

Table Of Contents

 

  • Article 1 GENERAL USE PROVISIONS
    • 1.01 Application
    • 1.02 Definitions
    • 1.03 Terms of Use.
    • 1.04 Framing, Metatags and Linking.
    • 1.05 Ownership of Materials.
    • 1.06 Digital Millennium Copyright Act (DMCA) Policy.
    • 1.07 User Representations.
    • 1.08 Grant of Rights.
    • 1.09 Disclaimer of Warranties.
    • 1.10 Limitation of Liability.
    • 1.11 Copyright and Trademark Notices.
    • 1.12 Parental Control Protections.
    • 1.13 Special Admonitions for International Use.
    • 1.14 Deliveries.
    • 1.15 Links or Pointers to Other Sites.
    • 1.16 Removal of Materials.
    • 1.17 Modifications to Agreement and Services.
    • 1.18 Miscellaneous.
    • 1.19 Acceptance of Electronic Contract.
  • Article 2 SUBSCRIPTION PROVISIONS
    • 2.01 General
    • 2.02 Term and Service Benefits.
    • 2.03 Accuracy and Posting of Information and Materials.
    • 2.04 Termination.
    • 2.05 Subscription Fees.
    • 2.06 Modifications to Subscriber's Account.
    • 2.07 Breach.
  • Article 3 FINANCIAL TERMS AND CONDITIONS
    • 3.01 Applicability
    • 3.02 Currency
    • 3.03 Points
    • 3.04 Payments
    • 3.05 Subscription Cancellation Refunds.
    • 3.06 Stale Checks.

 

Contents

GENERAL USE PROVISIONS

    • 1.01 Application
      This Article I applies to any Person who visits, submits Material to or in any manner avails themselves of any Service offered at, on or through the Site (hereinafter a "User"). As set forth herein, the term, "User" includes, but is not limited to, Subscribers and Hosting Subscribers.

    • 1.02 Definitions
      (a) For purposes of this Agreement the term, "Artist" shall refer to any individual or group, whether or not organized as a legal entity, that made any creative contribution to Materials you post at, on or through the Site.

      (b) For purposes of this Agreement the term, "Person" shall refer to any individual, corporation, partnership, association or other group of persons, whether or not organized as a legal entity, or legal successors or representatives of the foregoing.

      (c) For purposes of this Agreement the term, "Play Time" shall refer to the amount of data transfered through a users account.

      (d) For purposes of this Agreement the term, "Library Time" shall refer to the amount of data storage a user account is give.

      (e) For purposes of this Agreement the term, "Materials" shall include but is not limited to: sound recordings, musical compositions, lyrics, pictures, graphics, photographs, text, videos and other audiovisual work, album and other artwork, liner notes and all other original works of authorship.

    • 1.03 Terms of Use.
      (a) From time to time Purify Entertainment may post policies on the Site, including but not limited to our Privacy Policy, and our Originality Agreement (the "Policies"). The Policies are incorporated by reference into this Agreement and you agree to their terms. You should review the Policies frequently and carefully.

      (b) Purify Entertainment shall have the right to review all Materials and in its sole discretion to remove or refuse to post any Materials for any reason.

      (c) Except for User-posted Materials, the entire Site, including all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site or associated therewith, is the sole and exclusive property of Purify Entertainment, Inc. All rights reserved.

      (d) The Site is protected by all applicable federal and international intellectual property laws. No portion of the Site may be reprinted, republished, modified or distributed in any form without Purify Entertainment's express written permission. You agree not to reproduce, reverse engineer, decompile, disassemble or modify any portion of the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties.

      (e) You acknowledge that Purify Entertainment retains exclusive ownership of the Site and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Site or any Service, and Purify Entertainment reserves all rights not expressly granted hereunder. You shall promptly notify Purify Entertainment in writing upon your discovery of any unauthorized use or infringement of the Site or any Service or Purify Entertainment' patents, copyrights, trade secrets, trademarks or other intellectual property rights. The Site contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

      (f) Violations of this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

      (g) Subject to our Privacy Policy, no information or Material uploaded or sent to Purify Entertainment at, on or through the Site will be deemed or treated as confidential.

    • 1.04 Framing and Metatags.

      Framing and Metatags.

      You may not frame or use framing techniques to enclose any Purify Entertainment trademark, logo, or other proprietary information (including but not limited to images, text, page layout, and form) without Purify Entertainment's express written consent. You may not use any metatags or any other "hidden text" using Purify Entertainment's name or trademarks without Purify Entertainment's express written consent. Any such unauthorized use shall result in the immediate and automatic termination of all permission, rights and/or licenses granted to you by Purify Entertainment and may also result in such additional action as Purify Entertainment deems necessary to protect and enforce its legal rights.



We reserve the right to revoke our consent to any link at any time in our sole discretion.

    • 1.05 Ownership of Materials.
      You shall retain full ownership of any and all Materials you submit to Purify Entertainment, at all times, subject only to the rights and licenses you grant to Purify Entertainment pursuant to this Agreement or any other applicable agreement. If you believe that Materials in which you hold an ownership interest have been posted to the Site or otherwise submitted to Purify Entertainment without your permission, you must, and hereby agree, immediately to notify Purify Entertainment's Privacy Department.

      You here by acknowledge that any materials uploaded as part of initial registration with Purify may be used by Purify for promotional purposes, through the Purify network and any other network Purify deems appropriate.

    • 1.06 Digital Millennium Copyright Act (DMCA) Policy.
      Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider's website.

      Purify Entertainment has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This Section 1.07 is without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to Purify Entertainment.

      How to report a claim of infringement If you believe that Material on the Site violates any of your exclusive rights under United States copyright law, you must notify our designated agent. Section 512 (c)(3)(A) requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
      • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
      • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.



When filing an infringement claim, please include any URLs identifying the allegedly infringing Material along with any other information that might assist our agent's investigation of your claim.

Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) Purify Entertainment will undertake to have the disputed Material removed from public view. We will also notify the user who posted the allegedly infringing Material that we have removed or disabled access to that Material. Purify Entertainment has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Please note: If you materially misrepresent that Material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution for perjury.

How to make a counter notification

If you are a Purify Entertainment user and you feel that Material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):

      • A physical or electronic signature of the subscriber.
      • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
      • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
      • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.



Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, Purify Entertainment is allowed under the provisions of Section 512 to restore the removed Material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.

It is Purify Entertainment's policy to terminate subscribers and account holders who are found to be repeat infringers.

Purify Entertainment's Designated Agent

Purify Entertainment's designated agent is Bryan Richter.

By mail:
Purify Entertainment Inc.
Attn: Bryan Richter
PO Box 333
Half Moon Bay, CA 94019

By phone: (650) 743-1202
By e-mail: bryan@PurifyEntertainment.net

    • 1.07 User Representations.
      By accepting this Agreement and/or submitting Materials to Purify Entertainment, you expressly warrant and represent the following to Purify Entertainment and acknowledge that Purify Entertainment is relying upon such warranties and representations:

      (a) That all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age.

      (b) That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on the terms provided herein and to grant Purify Entertainment the nonexclusive licenses set forth herein. (c) That no other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein or to grant Purify Entertainment the nonexclusive licenses set forth herein.

      (d) That your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your Materials; that if your Materials contain any "samples" or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials; and that your Materials do not otherwise infringe on the intellectual property rights of any person or entity.

      (e) That neither your Materials nor any comments or reviews you post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.

      (f) That you have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.

      (g) You agree to sign and deliver to Purify Entertainment any additional documents that Purify Entertainment may request to confirm Purify Entertainment's rights and your warranties and representations under this Agreement.

      (h) You acknowledge that Purify Entertainment is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify Purify Entertainment, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.

      (i) All representations, warranties or covenants made herein by you shall survive termination of this Agreement.

      (j) All warranties and representations made by you herein are made for the benefit of Purify Entertainment and its sub-licensees and may be enforced separately by Purify Entertainment and/or by any contractually designated sub-licensee of Purify Entertainment.

    • 1.08 Grant of Rights.
      In consideration of Purify Entertainment's efforts to provide your work with public exposure, you expressly authorize Purify Entertainment and its sub-licensees to transmit, stream, broadcast, publicly display and publicly perform in any manner, form or media whether now known or hereafter devised, any of the Materials you submit to Purify Entertainment, in accordance with the provisions of this section. Without limitation to other licenses you may be inferred to have granted in order to accomplish the foregoing, you expressly grant Purify Entertainment and its sub-licensees the following licenses with respect to any and all Materials yousubmit.

      Public performance license for compositions. If you are a member of the American Society of Composers, Authors & Publishers (ASCAP) or one of its foreign affilates, you will be compensated by ASCAP in accordance with its royalty distribution rules for performances of your musical compositions on the Site that originate in the United States. For any performances that originate outside of the United States, you hereby grant Purify Entertainment and its sub-licensees a nonexclusive, direct license to publicly perform all musical compositions included in your Materials, worldwide.

      If you are not a member of a performing rights society, or you are not a member of ASCAP or one of its foreign affiliates, you hereby grant Purify Entertainment and its sub-licensees a nonexclusive, direct license to publicly perform all musical compositions included in your Materials, worldwide.

      Public performance license for sound recordings. You hereby grant Purify Entertainment and its sub-licensees a nonexclusive license to publicly perform by means of digital audio transmission all sound recordings included in your Materials, worldwide.

      Reproduction licenses for compositions and sound recordings. Although copyright law is evolving to accommodate the digital environment, certain key issues remain unresolved. One such issue is the extent to which reproduction licenses are required for compositions and sound recordings made available on interactive streaming services. We choose to resolve the issue contractually, until statutory or case law provides more definitive guidance. Accordingly, you hereby grant Purify Entertainment and its sub-licensees nonexclusive reproduction licenses for all compositions and sound recordings included in your Materials; provided, however, that unless by separate agreement you have chosen to make your Materials available for sale through Purify Entertainment's digital download store, such reproduction licenses are limited in scope and apply only to the extent necessary to make your Materials publicly available via Purify Entertainment's interactive streaming services.

      Podcasts. From time to time Purify Entertainment may invite you to submit your Materials for inclusion in downloadable content files known as "podcasts." Podcasts are non-live entertainment programs spotlighting the work of Purify Entertainment members and are made available for download in unprotected media, free of charge, at the Site. Purify Entertainment will not include your Materials in podcasts without your consent. If you choose to grant such consent, however, you also (and hereby do) grant to Purify Entertainment and its sub-licensees all licenses reasonably required for podcasting, including nonexclusive reproduction and public performance licenses for all compositions, and nonexclusive reproduction and public performance licenses for all sound recordings, embodied in any Materials of yours selected for inclusion in Purify Entertainment podcasts. You further release Purify Entertainment and its sub-licensees for any and all liability arising from any alleged failure by Purify Entertainment or any of its sub-licensees to obtain appropriate licenses for the use of any Materials of yours selected for inclusion in Purify Entertainment podcasts.

      Sub-licensees designated by Purify Entertainment to transmit, stream, broadcast, publicly display and/or publicly perform your Materials may pay a fee to Purify Entertainment for facilitating access to such Materials and you hereby agree that Purify Entertainment shall be entitled to collect and retain 100% of all such facilitation fees without any obligation to you.

      Purify Entertainment shall have the right and license to use, and license others to use, your Materials for the purpose of promoting our products and services, and to use all names, likenesses, biographical materials, logos, marks or trade names of you and all individuals performing on or otherwise represented in your Materials without any payment to you or any other Persons, entities, groups or associations, in accordance with the provisions of this section. All rights and licenses you grant to Purify Entertainment pursuant to this Section shall terminate when, in accordance with this Agreement, you exercise your right to request removal of any or all Materials.

      Purify Entertainment Free Songs

      From time to time Purify Entertainment may invite you to submit your Materials for inclusion in our downloadable content mechanism known as Purify Entertainment Free Songs. Purify Entertainment Free Songs are downloadable songs spotlighting the your work that you have posted on Purify Entertainment and are made available for download in unprotected media, free of charge, at the Site. Purify Entertainment will not include your Materials in Purify Entertainment Free Songs without your consent. If you choose to grant such consent, however, you also (and hereby do) grant to Purify Entertainment and its sub-licensees all licenses reasonably required for downloading, including nonexclusive reproduction and public performance licenses for all compositions, and nonexclusive reproduction and public performance licenses for all sound recordings, embodied in any Materials of yours selected for inclusion in Purify Entertainment Free Songs. You further release Purify Entertainment and its sub-licensees for any and all liability arising from any alleged failure by Purify Entertainment or any of its sub-licensees to obtain appropriate licenses for the use of any Materials of yours that you have placed in the Purify Entertainment Free Songs mechanism. You further release Purify Entertainment and its sub-licensees for any and all liability arising from any illegal distribution or duplication of your materials that you have posted and opt in to the Free Songs Mechanism.

      Purify Entertainment shall have the right and license to use, and license others to use, your Materials for the purpose of promoting our products and services, and to use all names, likenesses, biographical materials, logos, marks or trade names of you and all individuals performing on or otherwise represented in your Materials without any payment to you or any other Persons, entities, groups or associations, in accordance with the provisions of this section. All rights and licenses you grant to Purify Entertainment pursuant to this Section shall terminate when, in accordance with this Agreement, you exercise your right to request removal of any or all Materials.

    • 1.09 Disclaimer of Warranties.
      (a) You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Purify Entertainment shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any Purify Entertainment Service. Purify Entertainment provides no assurances whatever that any of your Materials will ever be accessed or used by Purify Entertainment, its visitors, Subscribers or sub-licensees nor, if so accessed or used, that your Materials will continue to be available for any particular length or period of time.

      (b) A possibility exists that the Site or any Service could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or any Service. Although we attempt to ensure the integrity of the Site and every Service, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Site's or any Services' completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable. For copyright infringement claims, see Purify Entertainment's Privacy Policy, set forth in Section 1.07 of this Agreement.

      (c) The Site and any Service may be discontinued at any time, with or without reason or cause.

      (d) Purify Entertainment disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or Material. Purify Entertainment disclaims any and all responsibility for harm resulting from downloading or accessing any information or Material on the Internet or through the Site.

      (e) THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PURIFY ENTERTAINMENT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. PURIFY ENTERTAINMENT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY PURIFY ENTERTAINMENT SERVICE. PURIFY ENTERTAINMENT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. NO OPINION, ADVICE OR STATEMENT OF PURIFY ENTERTAINMENT OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. PURIFY ENTERTAINMENT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.

      (f) PURIFY ENTERTAINMENT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.

      (g) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.

    • 1.10 Limitation of Liability.
      (a) NEITHER PURIFY ENTERTAINMENT NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION, "PURIFY ENTERTAINMENT"), ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY PURIFY ENTERTAINMENT SERVICE OR ANY LINKED SITE, EVEN IF PURIFY ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL PURIFY ENTERTAINMENT'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY PURIFY ENTERTAINMENT SERVICE, FROM INABILITY TO USE THE SITE OR ANY PURIFY ENTERTAINMENT SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY PURIFY ENTERTAINMENT SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR ANY PURIFY ENTERTAINMENT SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY PURIFY ENTERTAINMENT SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR ANY PURIFY ENTERTAINMENT SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

      (b) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.

      (c) WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL PURIFY ENTERTAINMENT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, EPIDEMIC, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

    • 1.11 Copyright and Trademark Notices.
      (a) All content included on this Site, including but not limited to text, graphics, logos, button icons, images, data compilations, code and source code, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site or associated therewith, are the property of Purify Entertainment or its content suppliers and is protected by United States and international copyright laws with All Rights Reserved. The compilation of all content on this Site is the exclusive property of Purify Entertainment and is protected by United States and international copyright laws with All Rights Reserved. All software used on this site is the property of Purify Entertainment or its software suppliers and is protected by United States and international copyright laws with All Rights Reserved.

      (b) "Purify Entertainment" "Purify Entertainment.net” "PurifyEntertainment.net", "Musicians of Purify Entertainment" and other trademarks, service marks, logos, labels, product names and service names appearing on the Site (collectively, the "Marks") are owned or licensed by Purify Entertainment. Marks not owned by Purify Entertainment or its subsidiaries are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Purify Entertainment.

      (c) You agree not to copy, display or otherwise use any Marks without Purify Entertainment's prior written permission. The Marks may never be used in any manner likely to cause confusion, disparage or dilute the Marks and/or in connection with any product or service that is not authorized or sponsored by Purify Entertainment.

    • 1.12 Parental Control Protections.
      Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com/

    • 1.13 Special Admonitions for International Use.
      (a) We make no representation that products or services available on or through the Site or any Service are appropriate or available for use in other locations other than the United States. Those who choose to access the Site or any Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

      (b) Products, including software, made available through the Site or any Service are further subject to United States export controls. 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. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any product available through the Site or any Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or any Service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such Service or product that we provide.

    • 1.14 Deliveries.
      From time to time, Purify Entertainment may sponsor contests and games (hereinafter, "Purify Entertainment Contests"). All Purify Entertainment Contests are governed by specific rules. By entering Purify Entertainment Contests you accept and become subject to such rules. Such rules supplement, incorporate by reference and are to be read togetherwith and not to limit the provisions of this Agreement. Any conflicts or inconsistencies between Purify Entertainment Contest rules and this Agreement shall be resolved on a case-by-case basis. We urge you to read the applicable rules, which are linked from each particular Purify Entertainment Contest, and to review our Privacy Policy which, in addition to this Agreement, governs any related information you submit.

      By contract, Purify Entertainment may also provide certain services (including, without limitation, advertising, promotion and submission processing services) for contests, radio play, and publishing and licensing opportunities that are supplied by others (hereinafter, "Third Party Destinations"). Purify Entertainment bears no responsibility, and hereby disclaims all liability, for any aspect of any Third Party Destination, including but not limited to the awarding of prizes and licensing and publishing placements. Any claim you may have regarding a Third Party Destination must be pursued exclusively with the individual or group, whether or not organized as a legal entity, that supplied the Third Party Destination ("Destination Provider").

      Third Party Destinations may be governed by specific rules. Purify Entertainment plays no role in the development or enforcement of rules for Third Party Destinations and is not a party to any contract such rules may be deemed to create with Artists who submit their Materials to Third Party Destinations.

    • 1.15 Links or Pointers to Other Sites.
      Without in any way limiting any other provisions of this Agreement, Purify Entertainment makes no representations whatsoever about any other website that you may access through the Site. When you access another website, you understand that it is entirely independent from this Site, and that Purify Entertainment has no control over the content of such website nor of its policies. In addition, a hyperlink to another website does not mean that Purify Entertainment endorses or accepts any responsibility for the content, use or policies of the linked website or that the policies of that website are consistent with our policies or the terms and conditions of this Agreement. We strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download, from any site whatever, is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

    • 1.16 Removal of Materials.
      Upon receipt of your written request, Purify Entertainment will remove any of your Materials from the Site within a reasonable period of time. Purify Entertainment's licenses to use such Materials will continue for any copies of such Materials that may have been disseminated in any format or media prior to the actual removal of such Materials from the Site.

    • 1.17 Modifications to Agreement and Services.
      You agree that, at any time, Purify Entertainment may revise, change or modify any terms and conditions of this Agreement and/or any aspect of any Service, without notice to you. You can review the most current version of this Agreement at any time at: http://www.PurifyEntertainment.net. When using any Service, you and Purify Entertainment shall also be subject to any guidelines, Policies or rules applicable to such Service which may be posted on the Site from time to time. All such guidelines, Policies or rules are hereby incorporated by reference into this Agreement and you agree to their terms. Any such revisions, changes or modifications shall be binding and effective immediately upon posting of same to the Site.

    • 1.18 Miscellaneous.
      (a) Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Purify Entertainment's option.

      (b) This Agreement is binding on the Parties and their respective heirs, legatees, executors, successors and assigns. Except for Policies and other agreements incorporated by reference herein, this Agreement is the entire agreement between the Parties and supersedes all prior written or oral agreements between the Parties relating to the subject matter hereof. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties' various rights and remedies hereunder shall be construed to be cumulative.

      (c) This Agreement shall be deemed to have been made in the State of Oregon, and it shall be governed by the substantive laws of the State of Oregon without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Salem, Oregon, and you hereby waive any jurisdictional, venue or inconvenient forum objections.

      (d) Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.

      (e) Each Party hereto agrees to execute all further and additional documents as may be necessary or desirable to effectuate and carry out the provisions of this Agreement.

      (f) Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.

      (g) No breach of this Agreement by Purify Entertainment shall be deemed material unless the Party alleging such breach shall have given Purify Entertainment written notice of such breach, and Purify Entertainment shall fail to cure such breach within thirty (30) days after its receipt of such notice.

      (h) All notices required to be sent to Purify Entertainment under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to Purify Entertainment Inc., PO Box 333, Half Moon Bay, CA 94019 Attention: Legal (or such other address or addresses as may be designated by Purify Entertainment herein).

      (i) All duties, liabilities, obligations, warranties, representations, covenants, authorizations, agreements and restrictions undertaken by and/or imposed upon you in connection with this Agreement shall be deemed to apply jointly and severally to all members collectively and each member individually of any group at any time comprising the Artist whose recordings or other Materials you post, upload or otherwise make available to Purify Entertainment.

      (j) 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 Site or any Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

      (k) Notice for California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice:
      • The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
      • The provider of service is Purify Entertainment, Inc. 6401 PO Box 333, Half Moon Bay, CA 94019, telephone (650) 743-1202
      • There is no charge for using the Site. Charges for Subscriptions and particular Services are available by contacting Purify Entertainment at the above address, Attention: Customer Service.



(l) You agree to defend, indemnify and hold Purify Entertainment harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of any Service, and/or (c) the use of any Service by any other person using your Username. Purify Entertainment may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.

    • 1.19 Acceptance of Electronic Contract.
      You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.

SUBSCRIPTION PROVISIONS

    • 2.01 General
      (a) This Article II applies to any Person (hereinafter a "Subscriber") who subscribes to any member subscription service offered by Purify Entertainment (hereinafter a "Subscription Service"). For purposes of this Agreement all Subscribers are also Users as defined herein.

      (b) You agree to provide true, accurate, current and complete information about yourself as prompted by the subscription registration processes (such information being your "Account Information"). You further agree that, in providing such Account Information, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Account Information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Account Information as required for your use of and access to the Site and any Service, as applicable.

      (c) As a Subscriber, you will receive a unique username and password in connection with your account (collectively referred to herein as your "Username"). You agree that you will not allow another person to use your Username to access and use the Site or any Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Username and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. Purify Entertainment is not liable for any harm caused by or related to the theft of your Username, your disclosure of your Username, or your authorization to allow another person to access and use the Site or any Service using your Username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the Site or any Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data transmitted while using the Site or any Service cannot be guaranteed.

    • 2.02 Term and Service Benefits.
      The term of any Subscription Service shall commence when the Subscriber initiates payment for such Subscription Service or, if the Subscription Service is complimentary, when the Subscriber registers for such Subscription Service. All Subscription Services will extend for an initial period of one year (the "Term") and, unless terminated as provided herein, shall renew automatically for successive one-year periods. During the Term, the Subscriber shall be afforded the full use and benefit of the applicable Subscription Service as described on the Site (the "Service Benefits"), which Service Benefits may be revised by Purify Entertainment from time to time without notice to the Subscriber. Due to technical considerations, certain Service Benefits may not be available to the Subscriber immediately upon commencement of the Term, but shall be provided to the Subscriber as soon as commercially reasonable. Please direct any questions about Subscription Services or Service Benefits to Purify Entertainment by email at: Web@PurifyEntertainment.net or by US mail at: Purify Entertainment Inc., PO Box 333, Half Moon Bay, CA 94019, Attn: Customer Service.

    • 2.03 Accuracy and Posting of Information and Materials.
      The Subscriber agrees to:

      (a) provide current, complete and accurate information about the Subscriber as required by the application process; and

      (b) maintain and update such information as needed to keep it current, complete and accurate.

      Subscriber acknowledges that Purify Entertainment relies and will rely upon the accuracy of such information as supplied by Subscriber.

    • 2.04 Termination.
      (a) Termination by Subscriber. Subscriber may terminate any Subscription Service at any time by providing Purify Entertainment with written notice pursuant to this Agreement. Such termination will be effective after the paid period. In the case of termination by the Subscriber, the period that is already paid for will not be reimbursed. The Subscription Service will remain active until the end of the paid period.

      Subscriber's request for termination shall also be deemed a request for the removal of all Material posted on the Site, pursuant to Section 1.17 of this Agreement.

      Purify Entertainment is not bound by, nor should Subscriber rely upon, any representation by any agent, representative or employee of any third party that Subscriber might use to apply for a Subscription Service.

      (b) Termination by Purify Entertainment. Purify Entertainment may terminate a Subscriber's Subscription Service at any time, for any reason, by providing Subscriber with written notice thereof, effective upon transmitting such notice to the email address Subscriber supplied to Purify Entertainment. In the event Purify Entertainment terminates a Subscriber's Subscription Service due to Subscriber's failure to meet the terms and conditions of this Agreement, Purify Entertainment will not refund any portion of Subscriber's annual subscription fee and, if Subscriber has chosen to participate in a Payment Plan offered for such Subscription Service, Purify Entertainment will immediately bill, in total, any remaining balance due and owing to Purify Entertainment, to Subscriber's credit card. If Purify Entertainment chooses to terminate a Subscriber's Subscription Service for reasons unrelated to the Subscriber, Purify Entertainment will refund to Subscriber the portion of any annual subscription fee for which Purify Entertainment has not yet performed or provided services.

      (c) Cancellation refunds are governed by the provisions of Section 4.04 of this Agreement.

    • 2.05 Subscription Fees.
      (a) As consideration for a Subscription Service, Subscriber agrees to pay Purify Entertainment all applicable subscription fees as posted on the Site at the time Subscriber applies for the Subscription Service. All subscription fees are due immediately pursuant to the payment option Subscriber chooses, and are non-refundable except as otherwise provided herein. Purify Entertainment may exercise all available remedies to collect fees due and owing for any Subscription Service.

      (b) Purify Entertainment may, at its sole discretion and for any Subscription Service, offer Subscriber the option to pay Subscriber's annual subscription fee in monthly installments (a "Payment Plan"). If Subscriber elects a Payment Plan, Subscriber agrees to provide Purify Entertainment with a valid credit card number, which Purify Entertainment will charge on a monthly basis for twelve (12) consecutive months, in an amount each month equal to 1/12th of the subscription fee for the Subscription Service, plus a finance charge, until the Subscription Service is terminated pursuant to this Agreement. By providing credit card billing information, Subscriber shall be authorizing Purify Entertainment to charge that credit card until termination of the Subscription Service. Purify Entertainment shall have the right immediately to discontinue Subscriber's Service Benefits if Purify Entertainment does not receive payment when due.

    • 2.06 Modifications to Subscriber's Account.
      In order to change any of Subscriber's account information, Subscriber must use the User Name and the Password that Subscriber selected when Subscriber registered as a Purify Entertainment User. In no event will Purify Entertainment be liable for any unauthorized use or misuse of Subscriber's User Name and Password.

    • 2.07 Breach.
      Subscriber agrees that Subscriber's failure to abide by any provision of this Agreement or any Purify Entertainment operating rule or policy, Subscriber's willful provision of inaccurate or unreliable information as part of the application process, Subscriber's failure to update Subscriber's information to keepit current, complete or accurate, and/or Subscriber's failure to respond to inquiries from Purify Entertainment concerning the accuracy of Subscriber's account information shall be considered a material breach of this Agreement. If within ten (10) calendar days after Purify Entertainment provides notice (in any form and via any method of delivery) to Subscriber of such material breach, Subscriber fails to provide evidence, reasonably satisfactory to Purify Entertainment, that Subscriber has not breached its obligations under this Agreement, Purify Entertainment may terminate all Services, Subscription and otherwise, without further notice to Subscriber.

 

FINANCIAL TERMS AND CONDITIONS

 

    • 3.01 Applicability
      This Article IV applies to all Users.

    • 3.02 Currency
      Fees and prices appearing on the Site are based on United States dollars. Payments for any Service or purchase made on or through the Site shall be made to Purify Entertainment in United States dollars, except as provided in Section 4.05 herein.

      3.03 Points
      Purify Points are a form of currency used by Purify Entertainment to enable users to purchase Library Time, Play Time, and to purchase/sell subscriptions. One "Purify Point" shall be equal to 0.10 USD. Purify Points will be sold in 10¢ denominations. Redemptions for cash value of Purify Points are accessible through your user profile. We will not process requests for redemptions less than 200 Purify Points. ($20) All redemptions will be processed on the last business day of each month. Please allow 10 - 15 days for processing and delivery of all redemptions (note: international delivery will be sent via United States Postal Service, and may take longer).

    • 3.04 Payments
      You agree to pay for all fees and charges incurred under your Purify Entertainment account or Username. If you have configured the account associated with your Username (your "Account") to pay for Services or purchases with a credit or debit card or similar form of payment (a "Card" payment method), you authorize any and all charges and fees incurred under your Account to be billed from time to time to your Card account. Regardless of the method of payment, it is your sole responsibility to advise Purify Entertainment of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or Service; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder.

    • 3.05 Subscription Cancellation Refunds.
      The following shall apply if you cancel a Subscription Service (see Section 2.04).

      (a) Monthly Billing Subscriptions. No refunds will be issued for monthly billing subscriptions. If monthly billing is selected and is not cancelled by the end of the monthly period (30 days from the sign up date), your Card will be billed at the beginning of the next 30 day period. In order to avoid additional charges to your Card, you must contact Purify Entertainment Customer Service by email (customerservice@PurifyEntertainment.net) at least 5 days before your next billing period, to cancel your Subscription Service. Your email should include the following: registered name on the account, registered email address on the account, and the service to be cancelled.

      (b) Annual Billing Subscriptions. No refunds will be issued for annual billing subscriptions. Such cancellations will be effective after the paid period. The Subscription Service will remain active until the end of the paid period.

      (c) Annual Subscription Upgrades. Subscription Service upgrades may be cancelled at any time. However, no refunds will be issued for Subscription Service upgrade cancellations. If you cancel an upgrade, the cost of the upgrade will be applied toward your previous Subscription Service membership level prior to upgrading. This will extend such previous Subscription Service for the number of days equivalent to the upgrade purchase price.
    • 3.06 Stale Checks.
      Checks issued by Purify Entertainment to any User, for any purpose, are VOID after 180 days from the date of issue. Users who fail to cash Purify Entertainment-issued checks within such 180-day period will be charged a $2.00 fee for re-depositing funds from the stale check to the User's account. Users requesting replacement checks will be charged an additional $5.00 fee for issuance of the replacement check.