TERMS OF USE

Please read these Terms of Use carefully before using this site. By accessing the Smart Percussion site, you signify your agreement with these Terms of Use, which take effect from the date on which you first use the site. If you do not agree with any of the below Terms of Use, do not use this site. Smart Percussion operator of Smart Percussion (and its affiliates, " Smart Percussion"), reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time and you agree to be bound by such modifications, alterations or updates. You agree that you are responsible for reviewing these Terms of Use on a periodic basis.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All material on this site, including, but not limited to, images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by Smart Percussion or by other parties that have licensed their material to Smart Percussion ("Copyrights"). EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, MATERIAL FROM Smart Percussion OR ANY WEB SITE OWNED, OPERATED, LICENSED OR CONTROLLED BY Smart Percussion (" Smart Percussion Web Sites") MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. Modification of the materials or use of the materials for any other purpose is a violation of the Copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other Web Site or networked computer environment is prohibited. To the extent necessary, the Smart Percussion hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any material and/or software that you may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") for use in association with the Smart Percussion site only, provided, however, that you must maintain all copyright and other notices contained in such Downloaded Material. You acknowledge and agree that you may not store, sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from Smart Percussion or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.

LINKED SITES

The Smart Percussion site contains links to third party web sites, including some sites with which Smart Percussion may be affiliated. These linked sites are not under the control of Smart Percussion, either is not responsible for the content of the linked site or any link contained in the linked site. These links are provided for convenience only and the inclusion of the links does not imply any endorsement of the linked site by Smart Percussion. You access these sites at your own risk.

DISCLAIMER

The materials in Smart Percussion's Web Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Smart Percussion disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Smart Percussion does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Smart Percussion's Web Sites or the server that makes them available are free of viruses or other harmful components. Smart Percussion is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the material contained on this site. Smart Percussion does not warrant or make any representations regarding the use or the results of the use of the materials in Smart Percussion's Web Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not Smart Percussion) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The names, images and logos identifying Smart Percussion, Smart Percussion, any affiliated company or third parties and their products and services are proprietary marks of Smart Percussion, any affiliated company or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of Smart Percussion or any other third party. The material that you read in Smart Percussion's Web Sites is provided solely for entertainment and promotional purposes. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. The information and opinions expressed in Discussions, Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums") are not necessarily those of Smart Percussion or its affiliated or related entities or content providers and Smart Percussion makes no representations or warranties regarding that information or those opinions. Furthermore, neither Smart Percussion nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in Smart Percussion's Web Sites. Notwithstanding the foregoing, in no event shall Smart Percussion's total liability to you for any and all claims, damages, losses, and causes of action (whether in contract or tort or otherwise) exceed the amount paid by you, if any, for accessing this site.

SUBMISSIONS

Although we welcome your comments to this site, which can be made by clicking on the 'Contact' link on the home page or by accessing the following link http://www.wish.mediared.net/contact.php, Smart Percussion does not accept unsolicited submissions for content and other products. Therefore, you agree not to make any such submissions to Smart Percussion through this site or otherwise including content ideas, story ideas, product ideas or designs. Notwithstanding the foregoing, if, in breach of these Terms of Use, you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Smart Percussion throughout the universe and Smart Percussion shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. While we appreciate your comments, Smart Percussion cannot make a guarantee that it will respond to your messages. When you submit material to Smart Percussion's Web Sites, you agree that Smart Percussion has the right to publish the material for any type of use as outline above including promotional and advertising purposes.

RULES FOR DISCUSSIONS, BULLETIN BOARDS AND CHATROOMS

Smart Percussion is not responsible for any material posted on the Forums. You shall not upload, transmit, distribute or otherwise publish through such Forums any content which:

* libels, defames, invades privacy or is obscene, pornographic, abusive, or threatening;

* infringes any intellectual property right or any other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks;

* violates any law;

* advocates illegal activity; or

* advertises or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non-Approved Material").

You agree to indemnify Smart Percussion for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of Non-Approved Material or your failure to comply with these Terms of Use. While Smart Percussion does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, Smart Percussion reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

Smart Percussion Online will fully cooperate with any law enforcement authorities or court order requesting or directing Smart Percussion to disclose the identity of anyone posting any such e-mails or materials.

CHILDREN

You may not use the Site if you are under thirteen (13) years of age.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in Smart Percussion Web Sites are presented solely for the purpose of entertainment and promoting services, events and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Smart Percussion from its offices within the State of California, United States of America. Smart Percussion makes no representation that materials in Smart Percussion's Web Sites 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. No software from this site may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Smart Percussion bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in California and you expressly consent to the jurisdiction of said courts. If there is any conflict between these Terms and Conditions and rules and/or specific Terms of Use appearing on this site relating to specific material then the latter shall prevail. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Smart Percussion.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent possible and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions, and the remaining Terms and Condition shall survive, remain in full force and effect and shall continue to be binding and enforceable.

DENIAL OF ACCESS

Smart Percussion , for any reason and at its sole discretion, may decide that any person shall be denied access to any Smart Percussion Web Site (a "Denial"). The sending of an e-mail notice by Smart Percussion to any e-mail address used by the person who is the subject of a Denial shall constitute complete and sufficient notice of the Denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access any part of any Smart Percussion Web Site upon issuance to you of a Denial. If you do not so cease and desist, you hereby consent to an injunction, to be entered against you by a court of competent jurisdiction as provided in these Terms of Use, permanently restraining you from attempting to access any Smart Percussion Web Site.