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Terms of Service

Last Updated: January 31, 2003

Before using the Official 98 Degrees Website (http://www.98degrees.com), you must read and understand these Terms of Service. Your use of this Website indicates your acceptance of the conditions and restrictions outlined on this page. If you do not agree to these terms, please do not use this Website. These terms will occasionally be updated, so please check back on a regular basis to make sure your actions on the Website are always in compliance with these terms.

General Overview

• This Website is provided by 98 Degrees Music, Inc. as a free service to the public for entertainment purposes. We reserve the right to add, modify, and remove features at any time.
  
  
• While we use reasonable efforts to include accurate and timely information in the Website, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Website.
  
  
• Your conduct on this Website is your own personal and legal responsibility. If any conflict arises between Website visitors, we are under no obligation to become involved.
  
  
• We are not responsible or liable for content posted by Website visitors. Although we may from time to time monitor or review message board discussions, profiles, fan photos, and the like on the Site, we are under no obligation to do so.
  
  
• We have not reviewed all of the Internet sites linked to this Website and are not responsible for the content of any off-site pages.
  
  
• Your use of this Website is at your own risk. We make no guarantees or warranties about the availability or functionality of this Website. As a result, the content and services offered on this Website are provided "as is" and on an "as available" basis and without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. 98 Degrees Music, Inc. and affiliated companies, and their respective officers, directors, employees, agents, licensors, representatives and third party providers cannot be liable for any direct, indirect, incidental, or consequential damages resulting from your use of this Website.

Copyright

• All of this Website's content (such as text, photos, images, data, and underlying code) is the property of 98 Degrees Music, Inc. and is protected by U.S. and international copyright laws. This content may not be copied, modified, distributed, or otherwise exploited without prior written consent of the owners of the content. You may download material displayed on the Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials.
  
  
• The trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of 98 Degrees Music, Inc. and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of 98 Degrees Music, Inc. or such third party that may own the trademarks displayed on the Website. Your misuse of the trademarks displayed on the Website is strictly prohibited.
  
  
• Any content posted by Website visitors becomes part of this Website. If you make a submission, including any message board post, fan profile, photo, idea, suggestion, concept, or other material, it will become our property. We will own this materical throughout the world and may use it for any purpose and in any manner without compensating you and without restriction.
  
  
• We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone downloading or posting materials, or otherwise using this Website in violation of any applicable federal, state, or local laws. We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission, please email us. Upon our receipt of your complaint, we will promptly investigate the matter and remove any material we determine is infringing from this Website with reasonable diligence.

Webclub Membership

• The "Webclub" is a free membership to this Website that grants access to special features, including the ability to post messages, submit fan photos, and create a fan profile. It is in no way affiliated with the Official 98 Degrees Fan Club, a traditional offline fan club with a yearly subscription fee.
  
  
• To protect our younger visitors and to comply with the Children's Online Privacy Protection Act (COPPA), membership in the Webclub is restricted to site visitors aged 13 years or older. For more information, please see our Privacy Policy.
  
  
• Only one Webclub membership per person is permitted.
  
  
• We may restrict or cancel Webclub memberships at any time for any reason and without notice.

Guidelines for Material Posted by Website Visitors

• You may not submit material that is fraudulent, libelous, defamatory, obscene, pornographic, abusive, threatening, sexually explicit, or that invades any third party's privacy.
  
  
• You may not submit material that copies another person's work without that person's written permission, or otherwise infringes the rights of third parties.
  
  
• You may not attempt to impersonate a member of 98 Degrees or one of their representatives through material posted at this Website.
  
  
• Webclub members have the ability to submit anonymous feedback about message board posts and fan profiles. Complaints received through this feedback mechanism may be used by the Website manager to assist in the process of maintaining a family-friendly environment. While this user feedback is appreciated and valuable, we will use the information at our discretion and will make the final decision on the suitability of content posted by visitors.
  
  
• We reserve the right to edit, reject, or remove visitor-contributed content at any time for any reason and without notice.
  
  

Governing Law

• If any dispute arises between you and us, this agreement and any dispute concerning its terms will be governed by New York state law. You agree to submit to the personal jurisdiction of, and venue in, New York.
  
  
• If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
  
  
• These Terms of Service set forth the entire agreement regarding all of the matters contained in these Terms of Service and shall not be modified except in writing, signed by 98 Degrees Music, Inc.
  
  
• We may at any time revise these Terms of Service by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Service to which you are bound.