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THE UNDERSIGNED HEREBY AGREES AND UNDERSTANDS THAT PUTITONLINE MAKES NO REPRESENTATION OR WARRANTIES REGARDING THE SUCCESS OF ITS SUBSCRIBERS OR THE ACCEPTANCE BY THE MUSIC INDUSTRY OF THE SUBSCRIBER'S WORK. IT IS FULLY UNDERSTOOD THAT PUTITONLINE PROVIDES ONLY A SERVICE OF DATA MANAGEMENT AND ACCESS TO THE MUSIC INDUSTRY FOR THE SUBSCRIBER AND THAT SUCH ACCESS IS NOT GUARANTEED.
SUBSCRIBER HEREBY RELEASES PUTITONLINE FROM ANY AND ALL LIABILITY
ARISING OUT OF OR IN CONNECTION WITH ANY TAPES, SONGS, OR RECORDINGS SUBMITTED TO PUTITONLINE INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF COPYRIGHT INFRINGEMENTS BY ANY THIRD PARTY OR ON BEHALF OF A SUBSCRIBER.
SUBSCRIBER HEREBY WARRANTS AND REPRESENTS THAT ALL MATERIAL SUBMITTED IS THE ORIGINAL CREATION OF THE SUBSCRIBER AND THAT NO OTHER THIRD PARTY HAS ANY RIGHTS OR CLAIMS THERETO.
IN THE EVENT OF A BREACH OF THIS AGREEMENT, THEN ALL COSTS AND EXPENSES
INCLUDING REASONABLE ATTORNEY FEES INCURRED BY THE PREVAILING PARTY
THEREIN SHALL BE PAID BY THE OTHER PARTY. THE OBLIGATION ON THE PART OF THE OTHER PARTY SHALL BE DEEMED TO HAVE ACCRUED ON THE DATE OF THE COMMENCEMENT OF SUCH ACTION AND SHALL BE ENFORCEABLE WHETHER OR NOT THE ACTION IS PROSECUTED TO JUDGEMENT. SHOULD PUTITONLINE BE NAMED AS A DEFENDANT IN ANY SUIT BROUGHT BY OR AGAINST SUBSCRIBER IN CONNECTION WITH OR ARISING OUT OF SUBSCRIBER'S
SONGS OR RECORDINGS, SUBSCRIBER SHALL PAY TO PUTITONLINE ITS COSTS AND
EXPENSES INCURRED IN SUCH SUIT INCLUDING REASONABLE LAW FEES.
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