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LEGAL

Supernova.com Terms of use agreement - February 1, 2007

Supernova.com is a social networking community centered around musical groups who perform at Supernova live engagements and also includes, fans and other members of the music community. The site enables members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Supernova.com ("Supernova.com" or "we") include the Supernova.com website (the "Supernova Website"), and any other features, content, or applications offered from time to time by Supernova.com in connection with the Supernova Website (collectively, the "Supernova Services"). The Supernova Services are hosted in Canada.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Supernova Services. By using the Supernova Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Supernova Website) or you are a "Member" (which means that you have registered with Supernova.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Supernova Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Supernova Website and discontinue use of the Supernova Services immediately. If you wish to become a Member, communicate with other Members and make use of the Supernova Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Supernova.com's policy for acceptable use of the Supernova Services and Content posted on the Supernova Website, your rights, obligations and restrictions regarding your use of the Supernova Services and Supernova.com's Privacy Policy. In order to participate in certain Supernova Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Supernova Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@supernova.com, Subject: Terms of Use Agreement.

Supernova.com may modify this Agreement from time to time and such modification shall be effective upon posting by Supernova.com on the Supernova Website. You agree to be bound to any changes to this Agreement when you use the Supernova Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Supernova.com and that you provide to other Users. Your Supernova.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Supernova.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Supernova.com assumes no responsibility or liability for this material. If you become aware of misuse of the Supernova Services by any person, please contact Supernova or click on the "Report Inappropriate Content" link at the bottom of any Supernova.com page.

Supernova.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Supernova Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the Supernova Services is void where prohibited. By using the Supernova Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Supernova Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the Supernova Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Personal Settings page. Supernova.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3. Fees. You acknowledge that Supernova.com reserves the right to charge for the Supernova Services and to change its fees from time to time in its discretion. If Supernova.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Supernova.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. The Supernova Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Supernova.com. Illegal and/or unauthorized use of the Supernova Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Supernova Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Supernova Services.

6. Proprietary Rights in Content on Supernova.com.

1. Supernova.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Supernova Services. After posting your Content to the Supernova Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Supernova Services, you hereby grant to Supernova.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Supernova Services. Without this license, Supernova.com would be unable to provide the Supernova Services. For example, without the right to modify Member Content, Supernova.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Supernova.com could not allow Users to listen to music posted by Members. The license you grant to Supernova.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Supernova.com), fully-paid and royalty-free (meaning that Supernova.com is not required to pay you for the use on the Supernova Services of the Content that you post), sublicensable (so that Supernova.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Supernova Services), and worldwide (because the Internet and the Supernova Services are global in reach). This license will terminate at the time you remove your Content from the Supernova Services. The license does not grant Supernova.com the right to sell your Content, nor does the license grant Supernova.com the right to distribute your Content outside of the Supernova Services.

2. You represent and warrant that: (i) you own the Content posted by you on or through the Supernova Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Supernova Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Supernova Services.

3. The Supernova Services contain Content of Supernova.com ("Supernova.com Content"). Supernova.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Supernova.com owns and retains all rights in the Supernova.com Content and the Supernova Services. Supernova.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Supernova.com Content (excluding any software code) solely for your personal use in connection with viewing the Supernova Website and using the Supernova Services.

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