THE UNDERSIGNED HEREBY AGREES AND UNDERSTANDS THAT PLAYS4DAYS.COM 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 PLAYS4DAYS PROVIDES ONLY A SERVICE OF INCREASED MYSPACE MUSIC PLAYER PLAY NUMBERS AND PROFILE VIEW NUMBERS.

IT IS UNDERSTOOD THAT PLAYS4DAYS.COM IS IN NO WAY CONNECTED TO MYSPACE.COM AS A BUSINESS PARTNER AND NO LEGAL ACTION WILL BE TAKEN TOWARDS MYSPACE.COM BY THE UNDERSIGNED WITH REGARDS TO ANY SERVICES OFFERED BY PLAYS4DAYS.COM IT IS UNDERSTOOD THAT NO LEGAL ACTION WILL BE TAKEN AGAINST PLAYS4DAYS.COM IN THE EVENT OF ANY ACTION TAKEN TOWARDS THE UNDERSIGNED BY MYSPACE.COM

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. THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT. SHOULD EITHER PARTY INSTITUTE LEGAL SUIT OR ACTION FOR ENFORCEMENT OF ANY OBLIGATION CONTAINED HEREIN IT IS AGREED THAT THE VENUE OF SUCH SUIT OR ACTION SHALL BE IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND SUBSCRIBER EXPRESSLY CONSENTS TO PLAYS4DAYS DESIGNATING THE VENUE OF ANY SUCH SUIT OR ACTION. THE PROVISIONS HEREIN SHALL INURE TO THE BENEFIT OF THE PARTIES HEREIN AND ANY HEIRS, SUCCESSORS OR ASSIGNS AND SHALL SURVIVE THE TERMINATION OR CANCELLATION OF THIS AGREEMENT.