Global Media Online, Inc. - Reviewer Agreement

These Terms of Use (the "Agreement") are applicable to the Web pages, services, content, databases and information (collectively, the "Services") provided by Global Media Online, Inc., Inc. ("GMO") to which you may have access by using the Web site from which you accessed this Agreement. The content and information included in these Services are provided by GMO and its third party suppliers (collectively, the "Information Providers"). These Services are made available by GMO subject to the terms and conditions of this Agreement. This agreement also covers any written, audio, graphic, or any other materials ("Materials") you may submitt to any of the Services provided by GMO or any of its divisions or operating units. This agreement also covers any GMO related websites ("Sites") and the content, Materials, Services and any other aspects of the contents and services of these Sites.

BY CONTINUING TO USE THE SERVICES AND SITES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, GMO IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND SITES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.

GMO may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.

You may also be subject to additional terms and conditions that may apply when you use Services provided by entities other than GMO on the Web site from which you accessed this Agreement, or when you access any Services provided by GMO from a Web site other than the one from which you accessed this Agreement.

Use of the Services

These Services are intended for your personal, non-commercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by GMO or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.

You agree not to reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create new works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the express written consent of GMO, nor to use the content or information made available through the Services for any unlawful purpose. You agree to access the Services manually by request and not programmatically by macro or other automated means.

To deliver the Services, it may be necessary for GMO to collect information about you and your use of the Services. GMO reserves the right to disclose information about you and your usage of the Services on a confidential basis to the owner of the Web site from which you access the Services. For more information, please read the privacy policy of such Web site and any privacy policy posted by GMO on or in connection with the Services.

You acknowledge that the Services and any associated websites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that GMO shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any GMO Service.

Termination

GMO may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. GMO may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.

Disclaimer of Warranties

Information and content provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. GMO and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against GMO or any Information Provider. GMO believes the Services (including the information and content therein) to be reliable, but accuracy is not warranted or guaranteed. GMO may point to other Web sites that may be of interest to you but for which GMO has no responsibility. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither GMO nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.

Any job leads, job opportunities, news, event announcements, or related postings or information provided by GMO through its Film Music Network or any other GMO division is published as news only, and no endorsement of any kind is made as to the veracity or accuracy of the information contained in these postings and/or information.

You understand and agree that your use of the Services is at your sole risk. THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS. GMO AND THE INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Your use of Sites for Purposes of Reviewing Content Submitted by Others (Submissions)

In certain circumstances you may choose to use sitses or services provided by GMO to provide reviews of content submitted by others (collectively, "Reviews"). By using GMO sites or services to request or otherwise accept or receive content including music for review, you agree to the following terms:

Ownership of Submitted Content. GMO has secured a nonexclusive licenses as necessary for the transmission of content to you for review purposes only. All content remains the property of the submitter.

Content Reviews. You agree to provide a constructive review for all content submitted to you for review within 7 days of submission, unless you notify us in writing or by email that you are no longer able to accept material for review. The review should be constructive in nature, rather than accusatory and hostile. The review should contain honest reactions and observations about the content. The size of the review should be at least 75 words. The review may be provided in written form using the "Send Review" function of the reviewer interface, or in audio form if you choose to record an MP3 file of your review and attach it to the the Send Review email function of the interface. You agree not to include any language in content reviews that could reasonably be considered abusive, hateful, violent, or could be reasonably be considered to be of a sexual, racial, or ethnic nature.

Indemnification for Content Reviews. You specifically indemnify and hold harmless GMO against any and all damages of any kind resulting directly or indirectly from your content reviews.

Compensation for Content Reviews. GMO will provide payments via mail by check for all DemoCheck.com content reviewers on a monthly basis when the total due to the content reviewer is greater than $50.00. If the total due in any month including all previous unpaid balances is less than or equal to $50.00, the balance will be rolled into the next month. Checks for content reviews will be mailed by the 20th of the month following the calendar month the review is completed in. Reviewer is responsible for all taxes of any kind due on compensation for content reviews and agrees that he/she is working as an independent contractor, and not as an employee of GMO when conducting content reviews or any other function related to GMO sites and services. Reviewer is paid 50% of the total review fee charged as compensation for providing the review. Deductions from review compensation may be made for any reviews from current or any previous period that are deemed uncollectable from the customer by GMO for any reason including any default of payment, dishonored check, or credit card chargeback.

Cancelation of Content Review Services. If reviewer wishes to discontinue providing content reviews for GMO, Reviewer should choose Cancellation option available on the reviewer interface or provide written notice to GMO at the address listed in thie agreement. Cancellations are effective when received by GMO. If Reviewer chooses to discontinue providing content reviews for GMO, GMO will provide reviewer with a final accounting of all review fees owed and payment within 30 days of cancellation by Reviewer. Upon notice of cancellation, reviewer shall have no rights of any kind in GMO sites and services, including the DemoCheck.com reviewer URL within the DemoCheck site. The reviewer's DemoCheck.com URL may be deleted by GMO or used for any other purpose by GMO in the event of reviewer cancellation without any obligations of any kind to Reviewer.

Failure to Access GMO Services or Websites

You agree that we are not responsible for your inability to logon or access in any way GMO services or websites for any reason, including poor Internet connections, incorrect typing of log-ins or passwords, browser incompatibility, or hardware or software inaccessibility. We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.

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.

Disclaimer of Warranties

(a) You acknowledge that the Site and Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that GMO shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any GMO Service.

(b) A possibility exists that any Service or Site 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 Sites and Services, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which a 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.

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

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

(e) GMO SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN 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, GMO 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. GMO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY GMO SERVICE. GMO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITES OR SERVICES. NO OPINION, ADVICE OR STATEMENT OF GMO OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. GMO 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) GMO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER(S) ON WHICH THE SITES 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 SITES AND SERVICES, 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.

Limitation of Liability

(a) NEITHER GMO 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, “GMO”), 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 GMO SERVICE OR ANY LINKED SITE, EVEN IF GMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL GMO ’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY GMO SERVICE, FROM INABILITY TO USE THE SITE OR ANY GMO SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY GMO 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 GMO 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 GMO SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR ANY GMO 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 GMO 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.

Miscellaneous

This Agreement combined with the GMO General Terms of Use available at http://www.gmocorp.com/termsofuse.html constitutes the entire agreement between you and GMO regarding your use of the Services on the Web site from which you accessed this Agreement. This Agreement supersedes all previous and contemporaneous oral and written agreements between you and GMO regarding your use of the Services on the Web site from which you accessed this Agreement.

You agree that this Agreement and any claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.