1. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.


2. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on MikeChav.com. You are deemed to have read, understood, and agreed to any changes in the Agreement if you continue to use MikeChav.com after such changes.


3. MikeChav is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on MikeChav.com are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on MikeChav.com.


4. The use of name or likeness of "Mike Chav" in credits or promotional materials is prohibited unless approved in writing by an agent of the company.


5. Company may change, suspend or discontinue any aspect of MikeChav.com at any time, including the availability of any Company Web Site feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of MikeChav.com without notice or liability.


6. That you are at least eighteen (18) years old.


7. You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.


8. You acknowledge and agree to indemnify and defend and hold harmless the Indemnified Parties for any direct or indirect losses, injuries, special or incidental or consequential damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any third party web site, or arising from or in connection with the use of the program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of services, content or program materials, including without limitation, any losses due to server problems, computer or other equipment failure, or due to incorrect placement of HTML, regardless of whether such loss arises upon a breach of contract, negligence or any other claim or cause of action. In the event of any network downtime, computer or technical error Company shall not be held liable for any lost of data, income or any other item of value, whether tangible or otherwise, on the website.


9. MikeChav.com contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of MikeChav.com. Links to and from Company Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.


10. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through MikeChav.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of MikeChav.com.


11. ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH MIKECHAV.COM, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON MIKECHAV.COM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH MIKECHAV.com, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH MIKECHAV.COM OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MikeChav.COM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MIKECHAV.COM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF MIKECHAV.COM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.


12. Pertaining to Audio Samples sold on this site, there are two types of license agreements with different terms: Type 1: Royalty free. This license permits the licensee of the product to use in all forms of media current and future with no payment of royalties to MikeChav.com. You may sell said composition to a third party , however samples may not be sold as sample production libraries or singles sounds. Type 2: Demo license: This license permits the licensee of the product or service to use in demos, "mixtapes", and promotional items that are not for sale. To use compositions sold by MikeChav.com, for commercial release, whether composition was created Mikechav.com or through collaboration of Mikechav.com and licensee, An agreement must be negotiated between all parties involved, including but not restricted to licensee, record labels and publishing companies to establish any applicable royalty commissions.


13. You acknowledge that transmission to and from this Company Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied, or any other relationship is created between you and Company other than pursuant to this Agreement.


14. Client Data is secured and retained by Mikechav.com for the duration of the project only. Files are deleted immediately after project completion. Mikechav.com is not responsible for loss of information.


15. MikeChav.com reserves the right to license any of its copyrighted material to third party distributors and resellers. Products may be available elsewhere in different formats and with different prices. MikeChav.com or any affiliate distributors or resellers are not responsible for damages should duplicate products be purchased in part or in whole.


16. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF PENNSYLVANIA.


17. This Agreement constitutes the entire agreement between Company and you with respect to your use of MikeChav.com. Any cause of action you may have with respect to your use of MikeChav.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Internet site.

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