Your use of this website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should not use the files in this site ("The Site") herein, and/or not subscribe to this service.

This Site is owned and operated by PBA Music Publishing. (hereafter, "OWNER")

Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by OWNER. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.

This Site contains copyrighted photographs, images, text, music, and sounds (collectively the "Content"). It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Usage Guidelines. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us.

The design or layout of pbamusic.com or of any other website owned, operated, licensed, or controlled by or associated with OWNER, is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

Individual Web sites within OWNER have legal and license terms which supplement these terms.

LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, OWNER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY OWNER. WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE.

OWNER DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT OWNER WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.

IN NO EVENT WILL OWNER OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF OWNER OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

PRODUCT AVAILABILITY
Products, services, and programs in this publication may not be available in your country. References to any product, service, or program do not imply that OWNER intends to make available such products, services, or programs in your country.

LINKS TO THIRD PARTY SITES.
OWNER PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. OWNER DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. OWNER IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY OWNER OF SUCH SITES.

OTHER LEGAL INFORMATION
These Terms of Use shall be governed by and construed in accordance with the laws of California, U.S.A. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. OWNER reserves the right to terminate these Terms of Use without notice if, in OWNER sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, OWNER reserves the right to terminate this site without notice.

©2009 OWNER, and its licensors. All rights reserved.

Pbamusic.com is a registered trademark of OWNER. All product names are either trademarks or registered trademarks of OWNER, or its affiliates or licensors. All rights reserved.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Licensing

The pbamusic.com End User License Agreement (EULA)

This Agreement is between PBA Music Publishing, doing business as OWNER and/or pbamusic.com (pbamusic.com, We or Us) and the subscriber who establishes a username and password for the right to access, acquire, and use Content from this website (You or Your). You may not allow anyone else to use your username and/or password. For the purpose of this Agreement, "Content" is defined as any image or photo represented on the pbamusic.com website. You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from pbamusic.com, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.

Pbamusic.com represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Image(s) shall remain with pbamusic.com.

Terms and Conditions of Use

You agree to access, acquire, and use the Content under the following Terms and Conditions:

These Terms and Conditions constitute a legal Agreement between You and pbamusic.com and OWNER

Pbamusic.com grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.

You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via pbamusic.com, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party: in magazines, newspapers, book covers, and interiors of books as a design element.
as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.

You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright. You also understand that the USA prohibits export of materials to certain countries and you will abide by such restrictions.

You understand and agree that pbamusic.com may, in its sole discretion, (a) monitor anything you download from the pbamusic.com website, as frequently as pbamusic.com in its sole discretion determines, for any violation of this Agreement, (b) flag all users who download more than 50 files per day, as such activity indicates potential EULA violations or abuse of a username and password, (c) limit downloads to a fixed amount of total downloads per 24 hour period, per user, as to insure the best possible service to all pbamusic.com subscribers, (d) track any abuse of your username and password in connection with the pbamusic.com website or in connection with this Agreement, (e) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and (f) terminate your account, without notice, if it finds what radicalshades.com believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to radicalshades.com Content, must immediately delete all Content acquired from radicalshades.com, and forfeit all fees paid.

In no event will pbamusic.com, its employees, or anyone else associated with pbamusic.com be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if pbamusic.com has been advised of the possibility of such damages. In no event will the liability of pbamusic.com, its employees, or related parties exceed the amount paid by you for accessing or using pbamusic.com and for accessing, acquiring, and/or using Content from pbamusic.com. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

You represent and warrant that:
You are at least 18 years of age and have the right to enter into this Agreement;
You do not reside in any country to which export of USA products are prohibited or restricted;
You will not use the Content in any way that is not permitted by this Agreement;
Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
The information you provide the radicalshades.com Sites is accurate and true, including without limitation all credit card information.

This Agreement constitutes the entire agreement between You and pbamusic.com regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by pbamusic.com to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. California law governs this Agreement. The parties consent to jurisdiction over them in any state or federal court in California, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by California law.

You have agreed, and reaffirm your agreement to conduct this transaction electronically.