1. Customer expressly agrees that use of Target Market Music is at customer's sole risk. Neither Target Market Music, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Target Market Music will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Target Market Music, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Target Market Music.
2. Target Market Music is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges that Target Market Music is not liable for the defamatory, offensive or illegal conduct of other customers or third-parties and that the risk of injury from the foregoing rests entirely with customer.
4. In no event will Target Market Music, or any person or entity involved in creating, producing or distributing Target Market Music, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Target Market Music. Customer hereby acknowledges that the provisions of this section shall apply to all content on Target Market Music.
5. In addition to the terms set forth above neither, Target Market Music, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Target Market Music, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of purchasing a licensed music file, customers are advised to read over the cost of purchase and the licensing agreement of that music file and to verify other information. Target Market Music, its affiliates, information providers or content partners shall have no liability for purchases made based on the information provided.