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Terms and Conditions

By using this site (the “Web Site”) hosted by The Orchard Enterprises, Inc. and its subsidiaries (collectively, referred to as “The Orchard”), you agree to all the terms and conditions outlined herein. BY USING THIS WEB SITE, YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS. If you do not agree with these Terms and Conditions, do not access or otherwise use this site. The Orchard reserves the right to change these Terms and Conditions at any time without notice to you by posting such changes on the Web Site. Please check these terms and conditions periodically. Your continued use of the Web Site following the posting of changes will mean that you accept and agree to the changes.

Sites that are linked to this Web Site may have different Terms and Conditions; please review the terms and conditions on those sites.

• Privacy
  
  Please review our privacy policy. This policy provides information of which you should be aware when visiting The Orchard’s Web Site, including our policy for the collection, use and dissemination of personal and technical information
• Forward-Looking Statements
  
  The documents and information contained in (or directly accessible from) this Web Site may include forward-looking statements. These forward-looking statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict; therefore, actual results may differ materially from those expressed, implied or forecasted in any such forward-looking statements. Although The Orchard believes that the expectations reflected in such forward-looking statements are based upon reasonable assumptions at the time made, it can give no assurances that its expectations will be achieved and undue reliance should not be placed on such forward-looking statements as they speak only as of the date thereof.
  
  Expressions of future goals and similar expressions including, without limitation, “believe(s),” “intend(s),” “expect(s),” “will,” “may,” “should,” “could,” “plan(s),” “anticipate(s),” “estimate(s),” “predict(s),” “potential,” “target(s),” or “continue,” reflecting something other than historical fact are intended to identify forward-looking statements. Factors that could cause our actual results to differ materially from those described in the forward-looking statements and other risks are described in the section entitled “Risk Factors” in our public filings. We undertake no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise. However, you should carefully review the reports and documents we file or furnish from time to time with the Securities and Exchange Commission, particularly our annual report on Form 10 K, our quarterly reports on Form 10 Q and any current reports on Form 8 K.
• Acceptable Use/License
  
  The Orchard grants you a limited, non-exclusive, non-transferable, non-commercial, revocable license to enter and use the Web Site. If you fail to abide by these Terms and Conditions, The Orchard reserves the right to terminate your access to the Web Site.
  
  You agree to not use the Web Site to upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that violates the rights of any person or entity or violates any applicable governmental law, rule or regulation
• Third Party Web Sites
  
  You may be able to link to third parties’ web sites from the Web Site. Linked sites are not controlled by The Orchard and these Terms and Conditions are not intended to govern any such third party web sites. The Orchard does not monitor, endorse, make any representations with respect to or assume any liability with respect to any third party web sites, including, but not limited to, any products or services that are advertised or available for purchase through such third party web sites. The Orchard disclaims any responsibility or liability relating to any linked sites and does not assume responsibility for their contents or services
• Intellectual Property Rights
  
  All content included on the Web Site, including, but not limited to, text, graphics, logos, images, data, software, sounds, images and other materials (collectively, “Content”) is owned, controlled by, or licensed to The Orchard and is protected by copyright, trademark and other intellectual property rights. Material on this Web Site is made available for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, including e-mail or other electronic means, without the express prior written consent of The Orchard in each instance. You may download material intentionally made available for downloading from this Web Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
• Accounts, Security, Passwords
  
  You may be enabled to create an account in the Web Site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to immediately notify The Orchard of any unauthorized use of your password or account or any other breach of security.
  
  It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account. The Orchard will not be liable for any loss or damage arising from your failure to comply with this provision.
• Limitation of Liability
  
  IN NO EVENT WILL THE ORCHARD OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING OR OTHERWISE MAKING AVAILABLE THE WEB SITE AND ITS CONTENT (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE, COMPENSATORY, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER (a) ARISING IN ANY WAY OUT OF THE WEB SITE, OR ITS AVAILABILITY, USE, RELIANCE ON OR INABILITY BY YOU TO USE THE WEB SITE, (b) ARISING FROM UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOU PERSONAL INFORMATION OR TRANSMISSTIONS; OR (C) FOR ANY CLAIM ATTRIBUTABLE TO ANY FAILURE OF THE WEB SITE OR ITS FEATURES, OFFERINGS AND/OR SERVICES, OR ERRORS, OMMISSIONS OR OTHER INACURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE WEB SITE. THIS LIMITATION OF LIABILITY SHALL APPLY, EVEN IF THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, THE COVERED PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
• Disclaimer of Warranties
  
  YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK; ALL FEATURES, OFFERINGS, MATERIALS AND SERVICES OFFERED BY THE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NO SUCH FEATURES, OFFERINGS, MATERIALS OR SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY THE ORCHARD SUBJECT TO THE FOREGOING, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE ORCHARD. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
• Applicable Laws; Venue and Jurisdiction
  
  The Web Site is controlled and operated by The Orchard in the United States. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web 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.
  
  The Terms and Conditions and the relationship between you and The Orchard shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York. Any failure by The Orchard to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
• Additional Information
  
  If you have any questions about this policy or our site in general, please contact us at workstation@theorchard.com.