Napster TOS

[chefws]

NAPSTER TERMS AND CONDITIONS

Effective October 9, 2003


This document (the "Agreement") is a legal contract between you and Napster, LLC ("Napster") that governs your use of Napster's online music services (the "Service"). If you register for Napster's premium service (the "Premium Service"), the terms in the section below entitled *Premium Service Addendum will also apply. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.

NOTICE

Napster may from time to time modify these terms and will post a copy of the amended Agreement at http://***<a href="http://www.napste...erms.html.</a> If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service or, if applicable, cancel your Premium Service subscription. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.

DESCRIPTION OF SERVICE

The Service allows you to listen to Samples (as defined below) and obtain downloads of sound recordings ("Tracks") and related digital content ("Materials"). To access the Service, you will need to install or activate Napster's proprietary software application; from time to time, you may also be required to install other software made available through the Service (collectively this software is called the "Client"). You may also need to install certain third-party software. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to or use the Internet, and/or (b) other than the Client, to use any Materials. The Napster Service, the Tracks and the Materials are only for your personal, noncommercial use.

REGISTRATION

To use the Service, you must register and provide certain information, including a member (user) name, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. Napster will use your Registration Data in accordance with its privacy policy, which you can review at http://****<a href="http://www.napst...licy.html.</a>

You agree that you will not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Napster immediately of any unauthorized use of your password and/or account. Napster shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Napster, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

USE OF SERVICE, SOFTWARE, TRACKS AND MATERIALS

Software. The Client, and all other software made available by Napster on or through the Service, are protected by intellectual property laws and your use of them is governed by this Agreement as well as any applicable end-user license agreements. A copy of the current Client End-User License Agreement ("Napster EULA") is available at http****.napster.com/eula.html.

Tracks and Materials. The Tracks and Materials are owned by Napster, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license their musical or other content to Napster for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the Tracks and Materials is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any Tracks or Materials used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Napster promptly of any such unauthorized use(s).

Usage Rules. Your access to and/or use of any Track(s) will be limited by the rules assigned to the Track(s) by Napster ("Usage Rules") and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Tracks. Napster reserves the rights to modify the Usage Rules at any time.

A "Sample" is a portion of a Track or, in some cases, an entire Track or promotional music video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Samples as you like. You may not attempt (or support others' attempts) to capture, copy, or download a Sample.

A "Purchased Track" is a Track that you may (1) save to your hard drive and play back at any time, (2) burn to a CD and/or (3) transfer to a compatible portable device. Any security technology that is provided with a Purchased Track is an inseparable part of it. If you have Purchased Tracks, it is your responsibility not to lose, destroy or damage them. Napster shall have no liability to you in the event of any such loss, destruction, or damage.

You may burn each Purchased Track to a CD up to five times as part of any particular playlist of songs. A "playlist" is a discrete group of Purchased Tracks that are arranged together in a particular order. Once you have burned a Purchased Track to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.

You may transfer a Purchased Track an unlimited number of times to portable devices that are compatible with the Service's Usage Rules and security requirements. Once you have transferred a Purchased Track to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.

The burning or transfer capabilities provided for herein shall not operate to waive or limit any rights of the copyright owners in Tracks or Materials or any works embodied in them.

If you are using the version of the Service that is accessible from Microsoft Corporation's Windows Media Player 9 Series, you will only be able to burn or transfer Purchased Tracks using the Windows Media Player. In addition, if you are using the version of the Service that runs in Microsoft Corporation's Windows XP Media Center Edition 2004, certain features that are available in the Service will not be available in the "distance viewing" experience.

All rights not expressly granted to you in this Agreement are reserved to Napster and/or its licensors.

Sync/Restore. Napster will maintain a record of your Purchased Tracks. You may use the "Sync/Restore" function to obtain another copy of those Purchased Tracks for up to two additional computers that you own.

Importing Tracks. You may be able to import song files that you have obtained independent of the Service (i.e. files that are not Tracks) and play them using the Client. The Client currently only supports MP3 and Windows Media files. Napster does not represent or guarantee that the Client will successfully import or support any song files that are not Tracks. Further, Napster does not purport to grant you any rights to use any such song files. Your use of such song files must be subject to another grant of rights that you have received from the copyright holder(s) and any other legal rights holders. You agree to indemnify and hold harmless Napster, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from your use of such song files.

Loss of Rights by Napster. Napster may at any time lose the right to make certain Tracks and/or Materials available. In such event, you will no longer be able to obtain these Tracks and/or Materials or to utilize the "Sync/Restore" function for Purchased Tracks.

Delivery of Products. On occasion, technical problems may delay or prevent delivery of Purchased Tracks and Materials to you. Your sole remedy with respect to Purchased Tracks and any Materials that are not delivered will be either replacement of such products or refund of the price paid for such content, at Napster's discretion.

Customer Support. Please direct any questions concerning the Client, the Service, billing and/or Usage Rules to a Napster customer service representative by e-mail at: support@napster.com.

Restrictions. You may not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Napster may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If Napster's use of such content exploits any proprietary rights you may have in such material, you agree that Napster has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right do so. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.

CHARGES / BILLING

Agreement to Pay. You agree to pay for all Tracks and Materials that you purchase through the Service and Napster may charge your credit card for any such payment(s). Napster may, in its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the "Member Information" section of the "My Account" area.

Right to Change Prices. All prices for products within the Service are subject to change by Napster at any time.

Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. Napster reserves the right to change this policy at any time.

Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Napster shall not be responsible or liable to you for the products or services purchased.

EXPLICIT CONTENT

Certain albums may be subject to the Recording Industry Association of America ("RIAA") "Parental Advisory Label" (as defined at ****www.riaa.com/issues/parents/advisory.asp[/url]). The RIAA assigns the Parental Advisory Label to an entire album and not the individual songs on the album. All Tracks from such labeled albums will be labeled as "explicit" within the Service ("Stickered Tracks"). If any of your searches on the Service return Stickered Tracks, they will be identified as such in the search results area. During registration, you may elect to filter out Stickered Tracks from your search and browse results within the Service. You may change that election at any time. You may also elect to create a "Parental Control Password" (which can be different from your registration password) by clicking on the applicable link and following the directions presented. Note that Tracks that were recorded prior to 1985 are not subject to the RIAA Parental Advisory Label. Napster shall have no liability or responsibility to you for any content or materials, including Stickered Tracks, that may be available in connection with the Service that you might find objectionable.

INTERNATIONAL CONSIDERATIONS

Currently, the Service is only available to residents of the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of the U.S. You agree to abide by U.S. and other applicable export control laws and further, not to upload to the Service any data or software that cannot be exported.

PRIVACY

For additional information regarding Napster's use of information collected in connection with the Service, please refer to Napster's Privacy Policy, a copy of which is available at *****www.napster.com/privacypolicy.html[/url] and which is expressly made part of this Agreement.

COPYRIGHT INFORMATION

General. As noted above, the Service, the Tracks, the Client and the Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this Agreement, certain end-user license agreements, and applicable law.

All-Music Guide Data. Certain portions of the Materials comprise third-party proprietary data. The AMG Data is the property of AEC One Stop Group, Inc., ("AEC"), doing business as AMG, All-Music Guide and All Media Guide. You may not modify, copy, scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the ALL MUSIC GUIDE DATA. You may not download ALL MUSIC GUIDE DATA except for your own personal, non-commercial use. You agree to indemnify, defend and hold harmless AEC (and its affiliates), and Napster (its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable), against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your unauthorized use of the ALL MUSIC GUIDE DATA, (b) your violation of this directive , and/or (c) your unauthorized activities in connection with the ALL MUSIC GUIDE DATA.

Billboard Data. All Billboard chart data are the copyrighted works of VNU eMedia, Inc. Billboard chart information may not be published, broadcast, displayed or redistributed without the prior written agreement of VNU eMedia, Inc.

Notices. Napster respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service, Tracks, Materials and/or the Client constitutes copyright infringement, please send a notice to Jim White by email to support@napster.com, or by fax to 310-281-5120. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.

PATENT AND TRADEMARK

All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Napster and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service and the Client (and portions of them) may be protected under patent law and may be the subject of issued patents and/or pending patent applications.

VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

If Napster receives a notice alleging that you have engaged in behavior that infringes Napster's or other's intellectual property rights or reasonably suspects the same, Napster may suspend or terminate your account without notice to you. If Napster suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.

PROMOTIONS AND ADVERTISING

Napster and/or its business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Service are solely between you and such third-party. You agree that Napster shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

LINKS TO THIRD-PARTY SITES

The Service may present links to third-party websites not owned or operated by Napster. Napster is not responsible for the availability of these sites or their contents. You agree that Napster is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

MODIFICATIONS TO SERVICE

Napster reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.

REMEDIES

You agree that any unauthorized use of the Service, the Tracks, the Materials, the Client or any related software or materials would result in irreparable injury to Napster and/or its affiliates or licensors for which money damages would be inadequate, and in such event Napster, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Napster, its affiliates and/or licensors may have under separate legal authority.

INDEMNITY

You agree to indemnify and hold harmless Napster and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Tracks, the Client or the Materials and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.

TERMINATION

Napster may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or Napster reasonably suspects that you have breached) any provision of this Agreement. If Napster terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and Napster will not refund any amounts that you have previously paid.

You understand and agree that your cancellation of your account and Service membership is your sole right and remedy with respect to any dispute with Napster.

DISCLAIMERS

You understand and agree that your use of the Service, Tracks, Client, and the Materials is at your own sole risk. THE SERVICE, TRACKS, MATERIALS AND THE CLIENT (THE "PRODUCTS") ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY NAPSTER OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "NAPSTER ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE NAPSTER ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE NAPSTER ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY NAPSTER ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE NAPSTER ENTITIES.

NAPSTER MAKES NO WARRANTY THAT ANY PARTICULAR CD BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE CLIENT OR THAT ANY CD BURNED USING THE CLIENT WILL FUNCTION IN ALL CD PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE CLIENT.

UNDER NO CIRCUMSTANCES SHALL ANY NAPSTER ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, TRACKS, MATERIALS AND/OR THE CLIENT.

UNDER NO CIRCUMSTANCES SHALL ANY NAPSTER ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE NAPSTER ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE NAPSTER ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.

LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with Napster with respect to your use of the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of New York, excluding its conflicts?of?law rules, govern this Agreement and your use of the Service, the Tracks, the Materials and the Client. You expressly agree that the courts in the State of New York, New York County, have exclusive jurisdiction over any claim or dispute with Napster or relating in any way to your account or your use of the Service, the Tracks, the Materials and the Client. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in New York County in connection with any such dispute including any claim involving Napster or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.

*PREMIUM SERVICE ADDENDUM

Napster offers certain features that are available only to members of the Premium Service. If you choose to register for the Premium Service, in addition to the general Service features, you will also have access to the features described below. In such event, your use of the Premium Service will be subject, in addition to all the other terms of this Agreement, to the terms described in this Addendum. The Premium Service is a subscription service that you must pay to join, and you will be charged on a recurring basis for your continued membership. If we make any changes to theses terms and conditions that you do not wish to accept, your only remedy is to terminate your subscription membership.

DESCRIPTION OF PREMIUM SERVICE

Usage Rules -- Additions.

A "Stream" is a Track that you play directly from and while you are logged on to the Service. You may play as many Streams as you like while your subscription is current. You may not attempt (or encourage others) to capture, copy, or download a streamed Track. Napster will count the number of times that you stream each Track for royalty accounting and analysis purposes.

A "Download" is a Track that you may save to the hard drive of your personal computer and play back as many times as you want for so long as your subscription is current. You may make an unlimited number of Downloads while your subscription is current. You may copy each Download to up to two additional personal computers that you own (i.e. a total of 3 copies). You may not share Downloads with anyone else. Napster automatically renews your rights to all of your Downloads at the beginning of each Subscription Month (as defined below) so long as your subscription remains current. This means that in order to play any Download after the end of a Subscription Month, you must log on to the Service so that Napster can renew your rights for those Tracks. The Client will count the number of times that you play a Download, including while you are offline, for royalty accounting and analysis purposes.

If you have Tracks that were pre-loaded to your personal computer, portable device or CD, you may access and play these Tracks as Downloads only after you have registered for Premium Service membership. You may not otherwise access or play these Tracks and you agree not to attempt to do so.

Agreement to Pay. By completing the Premium Service registration, you authorize Napster to charge the recurring subscription fee to your designated credit card. Monthly subscribers are billed on a 30-day cycle, which begins at the end of your free trial and ends 30 days thereafter (each a "Subscription Month"). If you have signed up for an annual or other subscription plan, you are billed one time at the beginning of each applicable billing period, which also begins at the end of your free trial.

Credit Card Authorizations for Free Trial Memberships. You may be required to provide a credit card number to register for a free trial offer to the Premium Service. In that event, you agree that Napster may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue a Premium Service membership. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and Napster will not be responsible for any results, such as an overdraft fee, that may occur to your account because of them.

Right to Change Subscription Fees. All subscription fees are subject to change on a prospective basis upon notice from Napster. If you do not accept the new fees, you should terminate your subscription immediately.

Cancellation. You can cancel your subscription by delivering notice to Napster at ****support@Napster.com[/email]. If you cancel your subscription, Napster will not refund any remaining portion of your subscription fees. Cancellation will take effect at the end of the billing period during which you deliver notice to Napster. If you cancel your account near the end of your billing period and are charged for the next month's fee, please contact support@Napster.com to have that charge refunded.

ADDITIONAL FEATURES / PUBLIC AREAS OF PREMIUM SERVICE

InBox/Sending Messages. As a Premium Service member, you will receive an "Inbox" that can be used to receive or send email messages (collectively, the "Napster Messaging System" or "NMS"). You may send NMS messages to other Premium Service members or to regular email addresses. When you send an NMS message, the recipient will be able to reply to the email address that you have provided to Napster upon registration. Therefore, you should not use the NMS functionality to send messages to any person(s) to whom you do not wish to share your personal email address. If you do not wish to receive any NMS messages from a particular Service member, you may utilize the "Blocked Senders List" functionality within the Client.

Monitoring Public Areas. The Premium Service may have features that allow you to exchange messages with other members (via "Public Areas"). The text of any NMS message is also considered to be a "Public Area." Napster may, but is not obliged to, restrict your use of NMS, monitor any activity or edit or remove content in Public Areas, or restrict access by other members to your NMS messages. Napster takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other member posts to or views in a Public Area or makes available via a "Public Profile," or sends to or receives from another member over NMS or an instant messenger system. You agree to indemnify and hold harmless Napster, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, from and against all claims resulting from content, messages, materials and the like that you post to any Public Area, including by sending via NMS.


© 2003 Napster, LLC.

[chefws]

What bullshi*, like anyone gives a f**k.

[multi]

LOL....

i doubt if napster even gives a fark....

[JackSpratts]

wait...this costs money!?



we control your pc. do not attempt to adjust the horizontal...

If you have Tracks that were pre-loaded to your personal computer, portable device or CD, you may access and play these Tracks as Downloads only after you have registered for Premium Service membership. You may not otherwise access or play these Tracks and you agree not to attempt to do so.

translation: the stuff you download isn't yours.

Napster may at any time lose the right to make certain Tracks and/or Materials available. In such event, you will no longer be able to utilize the "Sync/Restore" function for Purchased Tracks.

translation: the stuff you buy isn't yours.

By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Napster may copy, sublicense, adapt, transmit, publicly perform or display any such content, you agree that Napster has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right do so.

translation: we'll use everything you create - and we won't give you a penny for any of it. this is legal. copyright laws are good for us, but not for you.

Napster respects the intellectual property rights of others, and it expects you to do the same.

translation: we respect everyone's rights but yours.

suggestion: respect roxio/napster as much as it respects you.

The Premium Service may have features that allow you to exchange messages with other members (via "Public Areas"). The text of any NMS message is also considered to be a "Public Area." Napster may, but is not obliged to, restrict your use of NMS, monitor any activity or edit or remove content in Public Areas, or restrict access by other members to your NMS messages.

translation: complain and we'll cut you off.


ffs - use waste! noboby monitoring your conversations, nobody looking over your shoulder, nobody taking away your rights.

i wouldn't load that program if someone paid me to review it.

- js.