Linkin Park Underground Seven

Terms of Use

Billing and Payment

You shall pay the fees and other charges for each Service as provided in the applicable order form. LP Underground reserves the right to change rates by notifying you sixty (60) days in advance of the effective date of the change. Service charges shall be invoiced in accordance with the terms of use set forth both herein and in the order form for the applicable service. You will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due ("Due Date"). Accounts unpaid after the Due Date may have the Service suspended or terminated. Such suspension or termination shall not relieve you of your obligation to pay the fee due. You agree to pay LP Underground their reasonable expenses, including attorney's fees and collection agency fees,incurred in enforcing its rights under this agreement. You shall pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Service and the sale of hardware, software or equipment to you, except that taxes based on LP Underground's net income or which state or federal law require to be paid by the seller shall be the responsibility of LP Underground.

Term

The term of this agreement shall be year to year. If you cancel this agreement prior to the end of a year, LP Underground shall not refund to you any fees paid in advance of such cancellation. Any cancellation by LP Underground shall not relieve you of any obligations to pay fees accrued prior to such cancellation.

Tickets

LP Underground makes no guarantees of availability of Linkin Park concert tickets available to LP Underground members. Any available tickets will be made available on a first-come, first-serve basis, and LP Underground does not warrant that tickets will be available for every concert date, or for every LP Underground member.

Ownership of Rights

This Service and all the content offered through it, including, but not limited to, software, audio clips, video clips, other music and video files and everything else you see and hear through the Service (all of these things are commonly referred to as "Content") are owned exclusively by LP Underground or others that have licensed their material to LP Underground. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this Service can't use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this agreement. You are authorized only to make personal, noncommercial use of the Content and the Service. All rights not expressly granted to you in this agreement are reserved by LP Underground (and/or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on this Service are owned by LP Underground or others that have licensed their use to LP Underground. The Trademarks may not be used in any manner without the prior permission of the owners.LP Underground (or its licensees as the case may be) own all rights in the Technology. The "Technology" means all rights under copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology and software used by LP Underground in the operation of the Service. You will not gain any ownership or other rights in any Technology by reason of this agreement or otherwise. You understand that any unauthorized use of the Technology or Content would result in irreparable injury to LP Underground for which money damages would be inadequate and in such event LP Underground will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

About Linked Sites

LP Underground has provided links to related sites for your convenience and enjoyment. LP Underground does not review these sites and do not endorse them, nor is LP Underground responsible for any content on these linked sites. Therefore, LP Underground cannot assure you that these links sites won't contain viruses or otherwise impact your computer. If you access these linked sites, including making purchases from such sites, please keep in mind that you do so at your own risk.

Policy on Submitted Artwork, Photos, Video Footage, Etc.

By sending us artwork, photos, video footage, recordings, etc. you (or your parent or legal guardian, if you are under 18 years of age) are giving us permission, in perpetuity, on a no-charge basis, to use the artwork on the LP Underground website, the Linkin Park newsletter and/or in connection with any advertisements and promotions of Linkin Park. You (or your parent or legal guardian, if you are under 18 years of age) certify that any artwork, photos, video footage, recordings, etc. you submit to Linkin Park is your original work and has never been copyrighted or, if copyrighted, that you are the sole copyright owner and that such artwork, photos, video footage, etc. does no violate, misappropriate or infringe upon any common law or statutory right of any person, firm or corporation.

Acceptable Use Policy

You shall at all times adhere to LP Underground's Acceptable Use Policy, as amended from time to time by LP Underground effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, LP Underground may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this agreement in the event of notice of possible violation by you of the Acceptable Use Policy. In the event LP Underground takes corrective action due to a violation of the Acceptable Use Policy, LP Underground shall not refund to you any fees paid in advance of such corrective action.

Lawful Purposes

LP Underground may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulations is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening, obscene, defamatory, or material protected by trade secret. Any access to other networks connected to LP Underground must comply with the rules appropriate for that other network and with LP Underground rules. Use of LP Underground itself may be for any lawful purpose. Connectivity is provided for you only. Resale of username or password connectivity to other individuals or organizations is strictly prohibited, unless otherwise agreed upon.

Network Security

The following are strictly prohibited from the LP Underground network:

1. Attempting to circumvent user authentication or security of any host, network or account. This includes, without limitation, accessing data that is not intended for the member, or logging into a server or account the member is not expressly permitted to access.
2. Attempting to force a denial of service of a host or network. This includes, without limitation, email bombing, packet spoofing and ping flooding.
3. Performing any kind of network monitoring without explicit permission from LP Underground. This includes, without limitation, probing the security of networks, or attempting to intercept data intended for another.

Message Boards/E-mail

It is difficult to determine whether postings/emails are innocent, inadvertent or intentional. LP Underground reserves the right of judgment. The following, without limitation, are not permitted:

1. Chain Letters and Ponzi Schemes.
2. Commercial Postings.
3. Excessive Cross Posting. Excessive cross posting occurs when a message (usually an advertisement) is posted to many unrelated newsgroups.
4. SPAMMING.
5. Forged Postings (when the posted message headers distort who the poster was).
6. Illegal Content and Copyrighted Materials. You may not transmit illegal or defamatory content or copyrighted materials without proper permission, through LP Underground's Network.

Internet Relay Chat & Chat Rooms

Use of IRC bots (Idle connections) on LP Underground's servers is prohibited. Flooding, cloning, spoofing, harassment or otherwise hindering the ability of others to use IRC properly is prohibited. Impersonating anyone other than yourself is prohibited. Any illegal activities are prohibited.

Enforcement and Violations

If LP Underground becomes aware that a customer is in violation of a law or of this Acceptable Use Policy, LP Underground reserves the right to terminate the users account, without notice, and without any liability to LP Underground. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities. LP Underground will address violations of Internet etiquette as stated in this Acceptable Use Policy, as may be amended from time to time, on a case-by-case basis.

Modification

LP Underground reserves the right to modify this Acceptable Use Policy at any time, without notice and such modifications will become active when posted.

Other Networks

LP Underground has no control over any other Internet Services Provider or network on the Internet. While we may attempt to give you assistance should it be needed, LP Underground does not have the capacity to monitor, restrict or review any content made available on the Internet.

Warranty

You acknowledge and agree that LP Underground exercises no control over, and accepts no responsibility for, the content of the information passing through the LP Underground's host computers, network hubs and points of presence (the "Network") or the Internet. LP Underground will not be responsible for any damage you suffer through your use of the Services. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by LP Underground's or your errors or omissions. Use of any information obtained via LP Underground is at your own risk. LP Underground specifically denies any responsibility for the accuracy or information obtained via LP Underground and use thereof is at your own risk. NEITHER LP UNDERGROUND, ITS RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT the LP UNDERGROUND PROVIDES. NEITHER LP UNDERGROUND, ITS RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT the SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. LP UNDERGROUND ARE NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICE PROVIDED BY LP UNDERGROUND.

Indemnification

You will indemnify, save, hold harmless, and defend LP Underground and all employees, officers, directors and agents of LP Underground (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to your use of the Service, including any violation of the Acceptable Use Policy, and specifically including without limitation, the posting by you of obscene, pornographic, or defamatory words or pictures.

Limitation of Liability

IN NO EVENT SHALL LP UNDERGROUND OR ITS RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will LP Underground's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Force Majeure

LP Underground shall not be liable for failure or delay in performing their obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service.

Governing Law

The validity, interpretation, enforceability, and performance of this agreement shall be governed by and construed in accordance with the internal laws of the State of California, without regard to conflicts of laws, principals. You hereby submit to the exclusive jurisdiction of the State and Federal courts in the State of California for the purpose of any action or proceeding arising out of or related to this agreement or your status as a member of LP Underground.

Amendment or Waiver

The validity, interpretation, enforceability, and performance of this agreement shall be governed by and construed in accordance with the internal laws of the State of California, without regard to conflicts of laws, principals. You hereby submit to the exclusive jurisdiction of the State and Federal courts in the State of California for the purpose of any action or proceeding arising out of or related to this agreement or your status as a member of LP Underground.

Assignment and Severability

This agreement shall be binding upon and inure to the benefit of you, LP Underground and LP Underground's respective successors, and assigns. You may not assign this agreement without the prior written consent of LP Underground. If any provision of this agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

Entire Agreement

This agreement including any other document or agreements specifically identified in this agreement, supercedes all previous representations, understandings or agreements.

Acceptance of Services

ACCEPTANCE OF THIS AGREEMENT BY LP UNDERGROUND MAY BE SUBJECT, IN LP UNDERGROUND'S ABSOLUTE DISCRETION, TO YOUR SATISFACTORY COMPLETION OF A CREDIT CHECK. ACTIVATION OF SERVICE SHALL INDICATE LP UNDERGROUND'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE LP UNDERGROUND'S NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT AND THAT THERE ARE NO CONFLICTING CLAIMS RELATING TOTHE RIGHTS GRANTED BY THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT (i) THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR (ii) THE PARENT OR LEGAL GUARDIAN REGISTERING ON BEHALF OF A MINOR WHO WISHES TO JOIN LP UNDERGROUND.