Nocturnal Multimedia ("Nocturnal") provides you access to the NocturnalMagazine.net Web site (the "Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below (the "Terms and Conditions"). If you do not agree with any of the Terms and Conditions, DO NOT USE THIS SITE. Your continued use of this Site evidences your agreement to be bound by each of the Terms and Conditions and constitutes a legally binding contract between you and Nocturnal.

THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT NOCTURNAL TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. YOU MAY NOT USE THIS SITE IF SUCH USE IS PROHIBITED BY YOUR JURISDICTION.

NOCTURNAL MAGAZINE.NET

Nocturnal Magazine.net ("Nocturnal Magazine") is an electronic music publication. The Site is geared to adults (ages 18 and over) and teens (ages 15-17). The Site is dedicated to providing electronic music fans with news, features, photos, downloads, comment boards, message boards, interactive forums, and merchandise for purchase for maximizing your experience with electronic music.

PRIVACY

Please review our Privacy Policy, which also governs your use of the Site, and which is incorporated into this Terms and Conditions of Use, to understand our practices.

INTELLECTUAL PROPERTY

All text, graphics, multimedia content or other material available from the entry point URL http://www.nocturnalmagazine.net, http://www.nocturnalmagazine.com,
http://www.nocturnalmultimedia.com and pages within those domains, all sub-domains and sub-directories under those domains, and all related code, including but not limited to films, images, text, ideas, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site ("Material") are the property of Nocturnal and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Nocturnal or by other parties that have licensed their Material to Nocturnal. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and print one single permanent copy to be used by you for your personal, noncommercial use, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of Nocturnal for any other use of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any of the Material on any other Web site or computer environment is strictly prohibited. You may not frame any portion of the Site. You may not hyperlink directly to any Material or page of the Site other than the entry point URL http://www.nocturnalmagazine.net. Any link to the entry point URL must not portray Nocturnal, its parent, its subsidiaries or its affiliates, or their respective officers, directors, agents, principals, sponsors, employees, and other partners, or their products, in a false, misleading, derogatory, or otherwise offensive manner.

TRADEMARKS

"Nocturnal" and other Nocturnal marks that may appear on the Site ("Marks") are the service and trademarks of Nocturnal. All other trademarks, service marks and logos used on this Site, with or without attribution, including, but not limited to, "Nocturnal Magazine.net", "Nocturnal Magazine", "Nocturnal Magazine.net: Your Electronic Music Authority", and "Nocturnal" are the trademarks, service marks and/or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written permission of Nocturnal. Nocturnal does not grant and is not granting you a license to any of the trademarks, service marks or logos on the Site, whether owned by Nocturnal or third parties.

LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES

This Site contains links to pages on other sites, and those sites may offer products and/or services for sale ("Linked Sites"). You acknowledge and agree that Nocturnal has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites do not constitute an endorsement by Nocturnal of the sponsors of such Linked Sites or the content, products, advertising or other materials presented on the Linked Sites. Nocturnal does not author, edit or monitor these pages. You acknowledge and agree that Nocturnal is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on the Linked Sites.

NOCTURNAL WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES. NOCTURNAL IS NOT AND WILL NOT BE RESPONSIBLE FOR (1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, (2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR PRODUCTS AND SERVICES, (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES, OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY'S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE NOCTURNAL (AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PRINCIPALS, SPONSORS, EMPLOYEES AND OTHER PARTNERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.

DIGITAL MILLENNIUM COPYRIGHT ACT

Nocturnal respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Nocturnal directly makes available on the Site. However, if you believe any Material on the Site, either posted by Nocturnal, our users, or any other party, is infringing, please contact Nocturnal at the address below.

You may notify Nocturnal of alleged intellectual property rights infringement by contacting us at:

Nocturnal Multimedia
41 Great Oak Drive
Toronto, Ontario M9A 1N3
[p] 416.884.2466
[f ] 416.236.3110
info@nocturnalmagazine.net

Infringement notices addressed to Nocturnal must include the following information so that Nocturnal can locate the Material and properly process the request:

1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of where the Material that you claim is infringing is located on the Site;
   your address, telephone number, and email address;
3. a statement by you that you have a good faith belief that the disputed use of the Material is not authorized by the copyright or intellectual property owner, its agent, or the law;
4. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
5. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Material.

USER CONDUCT AND SUBMISSIONS

In order to access and use the Site, including, but not limited to, any forums, comment boards, or message boards, you agree that you will not (1) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (2) use Nocturnal's name, URL, trademarks, server, or other materials or the name "Nocturnal Magazine.net: Your Electronic Music Authority", "Nocturnal Magazine.net", "Nocturnal", nocturnalmagazine.net, or any variation thereof, in connection with, or to transmit, any unsolicited communications or "spam". For the purposes of this agreement, "spam" has the meaning generally understood among Internet users.

You may not post, upload, or transmit to the Site or to the Nocturnal servers any communications, text, graphics or other information (collectively, "Unauthorized Content") that: (1) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (2) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (5) violates the privacy of individuals, including, but not limited to, other users of the Site, and staff of Nocturnal; or (6) violates any applicable local, state, national or international law. Although Nocturnal does not pre-screen user submissions in forums, comment boards, message boards or otherwise, Nocturnal and its agents retain the right (but not the obligation) in its sole discretion to refuse, move or remove for any reason any Materials, information or other content available on or submitted to the Site.

With the exception of original artwork, photography, digital images, logos, character and program skins, music, flash animation or other content submitted by site users or artists to Nocturnal pursuant to a NocturnalMagazine.net Submission Agreement, (the "Artwork"), Nocturnal does not claim ownership of any Materials or information you submit or make available for the Site. You are entirely responsible for everything you upload, post, email or otherwise make available on the Site, including the Artwork. Any Materials or other information, including the Artwork, are not and will not be treated as confidential. In addition, by uploading, posting, emailing or otherwise making available any Materials or other information on or to the Site, you grant Nocturnal a world-wide, perpetual, royalty free, fully paid up, non-exclusive license to distribute, reproduce, modify, adapt, publicly perform, publicly display, sublicense, freely assign, create derivative works from and otherwise use and exploit any such Materials or information or any comment or part thereof in any medium now known or hereafter developed. You also agree that Nocturnal may disclose any such Materials or information, including the Artwork, to any third party for any reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, enforce Nocturnal's rights, analyze or respond to third party claims or generally protect Nocturnal and its users.

NO WARRANTIES

ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOCTURNAL DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.

IN ADDITION, NOCTURNAL DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOCTURNAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODCUTS OR SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NOCTURNAL) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE SITE.

UNDER NO CIRCUMSTANCES WILL NOCTURNAL BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NOCTURNAL, ITS PARENT, ITS SUBSIDIARIES, ITS AFFILIATES OR ITS LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PRINCIPALS, SPONSORS, EMPLOYEES AND OTHER PARTNERS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.

INDEMNITY

You agree to indemnify and hold Nocturnal and its parent, subsidiaries, affiliates, and their respective officers, directors, agents, principals, sponsors, employees and other partners harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of content you submit, post to, or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another party.

TERMINATION OF THE SITE

Nocturnal reserves the right to withdraw, suspend or discontinue at any time and from time to time any Materials, information, Artwork, content, or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice.

Nocturnal may, in its sole discretion, terminate your use of the Site and your registration with the Site for any reason, including, without limitation, if Nocturnal believes that you have (1) breached these Terms and Conditions of Use; (2) infringed the intellectual property right, right of privacy, or any other right of a third party; (3) provided any information that Nocturnal is unable to verify or authenticate; (4) uploaded or transmitted Unauthorized Content to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS

This Site is controlled and operated by Nocturnal from its offices within the Province of Ontario, Canada. Nocturnal makes no representation that any materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any territoy other than the Province of Ontario by Nocturnal.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within Ontario and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by Nocturnal, you, or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the provincial or federal courts located in Toronto, Ontario.

SEVERABILITY

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions.

NO WAIVER

Any delay or failure on the part of Nocturnal to enforce any rights under these Terms and Conditions of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

MODIFICATIONS

Nocturnal reserves the right to change or modify these Terms and Conditions of Use at any time. These Terms and Conditions of Use shall not be modified except in writing, as posted on this Site by Nocturnal. Any change or modification made by Nocturnal will be effective immediately upon posting on the Site and your continued use of the Site means that you have accepted any changes or modifications made by Nocturnal.