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Terms and Conditions

This agreement was most recently updated on 18/09/2013. Welcome to the Myanmar Music Store (MMS) web site. The following Terms of Service contain the terms and conditions that govern your use of the Site and MMS Service (as defined below). Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the Terms of Service.

Content

1. THE MYANMAR MUSIC STORE SERVICE.
Legacy Music Network Co.,Ltd provides a number of internet based services and products through the web-site. MMS users may create and purchase individual Products for their own use or sell Products through the Site. Users who are artists and who would like to sell Products for digital download must also enter into the Digital Rights Agreement, Users who are artists who would like to sell Products through the Site via MMS on a consignment basis must also enter into the Artist Consignment Agreement

(a) Eligibility. MMS will only knowingly provide the MMS Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the MMS Service only under the supervision of a parent or legal guardian who agrees to be bound by these terms of services. The MMS Service is not intended for children under the age of 13.

(b) Compliance with the terms of services and applicable law. You must comply with all of the terms and conditions of these terms of services, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the MMS Service and the Site.

(c) Your license to use the Site and the MMS service.

(1) MMS and its licensors solely and exclusively owns all intellectual property and other right, title and interest in and to the MMS Service and Site, except as expressly provided for in these terms of services. You will not acquire any right, title or interest therein under these terms of services or otherwise.

(2) MMS grants you a limited revocable license to access and use the Site and the Service for its intended purposes, subject to your compliance with these terms of service. This license does not include the right to collect or use information contained on the Site for purposes prohibited by MMS; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this terms of services, MMS may revoke the license granted to you.

(3) This Section 2(c) does not pertain to your intellectual property rights. Any rights relating to materials that you upload to the Site are covered by the Digital Rights Agreement.

(d) Third party services.MMS may use third parties to provide certain services accessible through the Site. MMS does not control those third parties or their services, and you agree that MMS will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these terms of services when you use these services. If any such terms or policies conflict with MMS’S terms of services, agreements or policies, you must comply with MMS’S Terms of Service, agreements or policies, as applicable.

2. Rules for use of the site.
Legacy Music Network Co.,Ltd provides a number of internet based services and products through the web-site. MMS users may create and purchase individual Products for their own use or sell Products through the Site. Users who are artists and who would like to sell Products for digital download must also enter into the Digital Rights Agreement, Users who are artists who would like to sell Products through the Site via MMS on a consignment basis must also enter into the Artist Consignment Agreement

(a) Prohibited use. Except as may be expressly permitted by MMS, you may not: (i) interfere with the MMS Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the MMS Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the MMS Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain MMS’S name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the MMS Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.

3. Submissions.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant MMS permission to use such submissions for marketing and other promotional purposes. You agree that MMS will have no obligation to keep any Submissions confidential and you will not bring a claim against MMS based on "moral rights" or the like arising from MMS’S use of a Submission.

4. Representations and Warranties.

(a) Mutual Representations and Warranties.You represent and warrant to MMS and MMS represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these Terms of Service, (ii) the execution and performance of your or its obligations under these Terms of Service do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these Terms of Service are a legal, valid and binding obligation of the party entering into these Terms of Service, enforceable in accordance with their terms and conditions.

(b) By you.You represent and warrant to MMS that, in your use of the MMS Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to MMS that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) MMS will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that MMS incurs in providing the MMS Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

5. Disclaimers, Exclusions, and Limitations.

(a) DISCLAIMER OF WARRANTIES.MMS PROVIDES THE SITE AND MMS SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MMS DOES NOT REPRESENT OR WARRANT THAT THE SITE, LMN SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MMS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE Terms of Service, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.


(b) EXCLUSION OF DAMAGES.MMS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE MMS SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


(c) LIMITATION OF LIABILITY.XCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OF SERVICE OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS OF SERVICE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS OF SERVICE EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY LMN TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.


6. Indemnification.

You will indemnify and hold MMS and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these Terms of Service. If you have to indemnify MMS under this Section, MMS will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without MMS’S express written permission.

7. Termination.

(a) Termination.MMS may suspend or terminate your use of the Site or MMS Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms of Service.


(b) Survival.These Terms of Service will survive indefinitely unless and until MMS chooses to terminate them.


(c) Effect of Termination..If you or MMS terminates your use of the Site or the MMS Service, MMS may delete any Submissions or other materials relating to your use of the MMS Service on MMS’S servers or otherwise in its possession and MMS will have no liability to you or any third party for doing so.


8. Notice.

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to MMS, you must use the following addresses: MMS No.3 Myawaddy Road, Baukhtaw, Yankin Township, Yangon, Myanmar.11081 or admin@myanmarmusicstore.com. If MMS provides notice to you, MMS will use the contact information provided by you to MMS. All notices will be deemed received as follows: (i) if by delivery by mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement. 9. Dispute Resolution.

(a) Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND MMS AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES


(b) Applicable Law. This Agreement and your use of the Services and the Website shall be governed by the substantive laws of the UNION OF MYANMAR


(c) Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to MMS, to you via any other method available to MMS, including via e-mail. The Notice to MMS should be addressed to---------------------------------- The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and MMS do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MMS may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE MYANMAR ARBITRATION ACT, 1944


(d) Arbitration Proceeding. The arbitration shall be conducted in the Myanmar/English language. A single independent and impartial arbitrator shall be appointed


All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the Myanmar Arbitration Act 1944. 10. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the Union Of Myanmar

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