General

Using the Site is subject to your acceptance of this Terms of Service agreement (the "Agreement"). If you do not accept this Agreement, please do not use the Site. Throughout the Agreement the terms "we", "our", or "us" refers to Lostvibe, LLC., and "you" or "your" refers to you, the visitor to our Site.

Copyright and Trademark

All contents, except album art, of the Lostvibe Web Site is Copyright © 2001- 2007 Lostvibe LLC. Lostvibe and the Lostvibe logo are trademarks of Lostvibe, LLC. All other trademarks are the properties of their respective owners. All written material on this Web site is owned by Lostvibe. If you have questions about the information presented here or believe it is in error or wish to have it removed please contact Lostvibe by email at contactus @ lostvibe . com.

Sample Artwork

In addition to front cover art, Lostvibe occasionally provides one sample album liner in order to illustrate the zeitgeist of that album. The copyright for all album artwork is retained by the individual record company, artist, designer, photographer or copyright owner. Lostvibe is working to obtain permissions to use album art images on this Web site from copyright owners of those albums. If you wish to remove copyright-protected album art material from this site, please contact contactus @ lostvibe . com. Some album artwork in Lostvibe's album directory is used with permission from the copyright owners.

Ownership of Intellectual Property and Data

The materials and content, except album art, on our Site are the property of Lostvibe or the property of our licensors, and are protected by copyright, trademark and other intellectual property laws. These materials and content include, but are not limited to, music meta-data, album title, artist names, track titles, album length, UPC codes, software, design, text, logos, trademarks, service marks, and text. All album art and album music is owned by the respective artists who produced them. Any use of materials on this site, including reproduction, uploading, modification or distribution, is prohibited without our prior written permission. Requests for permission should be sent to contactus @ lostvibe . com.

Errors and Downtime

Errors may appear from time to time on the Site and some information on the Site may be out of date. Before relying on information you've found on the Site, please confirm any facts that are important to your decision. You can contact us by accessing the contact page on our site, or call us at (206) 419-3403. From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which we cannot reasonably foresee.

Links

We may link to another Web site, but our link does not constitute our endorsement of that site or an endorsement of any product, service or other material offered on that site.

Framing

You may not frame the Site or any of the content on Site into another Web site.

Connecting to the Site

You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, Web browsers or other equipment, programs and services required to access and use the Site.

No Warranty

Lostvibe provides this Web site on an "as is" basis without warranty of any kind, express or implied. Use of this site is at your sole risk. Lostvibe does not warrant that your use of this site will be uninterrupted or error free, nor do we make any warranty as to any results that may be obtained by use of the site. The information presented on this Site is not guaranteed to be accurate, complete or current and is subject to change as deemed necessary by Lostvibe. Access to the site depends on many factors affecting the user experience and Lostvibe does not assume any liability in any degradation in access users may experience.

Limitation of Liability

If you are dissatisfied with the Site, your sole and exclusive remedy shall be to discontinue use of the Site. In no event shall our total liability for direct damages exceed the total fees paid by you to us hereunder, but in no event more than one hundred U.S. dollars ($100.00). Moreover, under no circumstances shall we be liable to you or any other person for any indirect, incidental, consequential, special or punitive damages for any matter arising from or relating to this agreement, the Site, or the Internet generally, including, without limitation, your use or inability to use the site, any changes to the inaccessibility of the site, delay, failure, unauthorized access to or alteration of any transaction or agreement entered into through the site, or any data or material from a third person accessed on or through the Site, whether such liability is asserted on the basis of contract, tort or otherwise. Some states prohibit the exclusion or limitation of incidental or consequential damages, so this limitation of liability may not apply to you.

Privacy

Data Collected by Lostvibe

Lostvibe collects three types of data. First, Lostvibe collects data from the web service web logs including the user's IP address, the type of browser the user is using, the user's operating system type, and the date and time of user access. This data is in no way related or connected to personal identifiable information that would be used to identify a user.

The second type of data Lostvibe collects is a user entered email and password, hereafter referred to as an "user login."

The third type of data is a user favorites list maintained at Lostvibe for users who create an account.

Purpose of Data Collection

The collection of web service web log data is used solely for operational purposes. The collection of an email/password combination and a favorites list is used for customizing the user experience.

Opt Out Policy

The collection of web service web log data is collected for all users. Users can opt-out of providing user login data. Users who do not login can still enjoy the benefits of the Lostvibe Site. This includes saving favorites during the browsing session. However, only users with a Lostvibe login may persist a favorites list between browser sessions.

Data Recipients

Lostvibe will not under any circumstances sell or share any of the contact information you provide us through the Site with any third parties without your consent, unless we must respond to a subpoena, court order or legal process. We may at times use your contact information to customize and tailor your experience on the Site; displaying content that we may think may interest you according to your preferences. We may use "cookies" or other tracking means to ensure you do not view temporary content repeatedly. We will keep your contact information private unless we need to comply with a court order, protect our rights or property, or enforce any agreement between you and us. We do not seek to solicit information from anyone under the age of thirteen (a "Child"). If a Child submits information to us through any part of our Web Site, and we know that the person submitting the information is a Child, we will not use it for any purpose. We will delete the information as soon as we discover it and we will not disclose it to third parties. If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with Lostvibe, LLC., you can contact us at info@lostvibe.com.

Access to Data

Users who choose to create login accounts at Lostvibe may access their Lostvibe account and make changes to it as needed. The account may be deleted. A new account can be added.

A logged in user may add or delete items from a favorites list as desired.

Data Retention

Data will be retained as long as user wishes to maintain information at Lostvibe. If user opts to remove information, it is the responsibility of the user to delete the user account using the tools provided at the Lostvibe Site. When an account is deleted, the favorites list associated with the account is also deleted.

Addition, Correction, or Deletion of Data

At any time, users may revise their login data at Lostvibe including changing the password, deleting the account and adding a new account.

The favorites item list may also be managed with the tools provided at Lostvibe.