1.1. General. You have all necessary right, power and authority to enter into this Agreement and to perform as required under this Agreement. You are not barred from receiving the Service under the laws of the United States or other applicable jurisdiction.

1.2. Age. You are 13 years old or older. Under United States law, you must be at least 13 years of age to use this Service. (Children’s Online Privacy Protection Act of 1998).

1.3. Personal Use. Your account is for your sole, personal use (or that of the entity on whose behalf you are entering into this Agreement). You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree not to resell or make commercial use of this site or its contents; including the collection and use of any search results, listings, data, or other content; any derivative use of this site or its contents; or any use of data mining, robots, screen-scraping, or similar data gathering and extraction tools.

1.4. Accuracy. All of the information provided by you to TrunkHustle is true, accurate, current and complete (including, but not limited to your name, mailing address, email address, phone number, website address and other information in your account. Your e-mail address is accurate, up to date, valid, and regularly checked. Violation of this representation shall be considered forfeit of any prizes or awards won in any contest(s)/giveaways.

1.5. Rights. For all content that you upload to the Service (including, but not limited to, any songs, band/group/individual information audio, video, data, graphics, photos, text, information, screen names, profiles, newsletters, calendar listings, playlists, podcasts, blogs, broadcasts, messages, software, XML, RSS and links) ("Content"), you represent and warrant that you have all rights, approvals and/or consents necessary to submit the Content on the terms provided in this Agreement. You also guarantee that no permission is required from any other individual or entity for TrunkHustle to use the Content in the manner provided herein. You further guarantee to TrunkHustle that the compositions, recordings, lyrics, text and other materials contained in the Content are original, created only by you or the entity on whose behalf you are entering into this Agreement and do not contain any "samples" or excerpts that would infringe on the copyrights of others and do not otherwise infringe on the rights of any other individuals or companies.

2.1. General. You are fully responsible for any activity that occurs under your screen name or account, including any violation of this Agreement.

2.2. Password. You are responsible for keeping your password secure and confidential. You agree to notify TrunkHustle immediately of any unauthorized use of your password or account or any other breach of security.

2.3. Conduct and Content. You are solely responsible for your conduct and any Content that you upload, create, post, display, publish, e-mail, communicate, transmit or otherwise make available on the Service. You are similarly responsible for your conduct and transmission of Content to other Users.

3.1. Illegal Purpose. You must not use the Service for any illegal or unauthorized purpose. You must use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations (including, but not limited to, United States copyright law and export control law). International users must comply with all local laws regarding online conduct and acceptable content.

3.3. Community. You must not abuse, harass, threaten, impersonate or intimidate other TrunkHustle users. You must not post on the Service, or transmit to other TrunkHustle users any inaccurate, defamatory, abusive, obscene, profane, vulgar, tortuous, libelous, offensive, sexually oriented, threatening, harassing, hateful, harmful, racially offensive, illegal, or otherwise objectionable material, or any material that infringes or violates another party’s rights (including, but not limited to, copyrights, licenses, other intellectual property rights, contractual or fiduciary rights and obligations, and rights of privacy and publicity).

3.4. Solicitation. You must not create, upload, post, e-mail, transmit, submit or otherwise make available unsolicited commercial messages (including, but not limited to, spam, chain letters, "pyramid-schemes" and junk e-mail) to any TrunkHustle users via the Service (including e-mail, message boards, or other messaging services) except in areas designated for such purpose. You must not engage in commercial advertising to, or solicitation of, other TrunkHustle users.

3.5. Proprietary Rights. If any Content contains material whose use is protected by license restrictions, copyright, trademark, or other proprietary rights, you must obtain consent for such use from the owner of those proprietary rights (including, but not limited to, the right to post, copy, modify, transmit, show in public or private, create any derivate works from, distribute, or reproduce the Content) before you transmit such Content through the Service.

3.7. Hacking. You must not upload, pose, email, transmit or otherwise make available any material that contains software viruses, worms, any other code, files or programs of a destructive nature (or designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment) via the Service. You must not interfere with or disrupt the Service or servers or networks connected to the Service. You must not act in a manner that negatively affects the ability of other TrunkHustle users to use the Service.

3.8. Linking. When you post or link an outside website to Content hosted on TrunkHustle servers, you must provide a link back to the corresponding display page on TrunkHustle for each item of Content. However, you must not embed mp3 Content hosted on TrunkHustle on outside websites that cause such Content to "autoplay". You must not modify, adapt or hack TrunkHustle or another website so as to imply any false association between TrunkHustle and another entity. You must not impersonate any person or entity affiliated with TrunkHustle or falsely state or otherwise misrepresent your affiliation with TrunkHustle. You must not forge or manipulate headers or identifiers in order to disguise the origin of any Content transmitted through the Service.

3.9. Maintenance. You must maintain and promptly update your account information to keep it true, accurate, current and complete. You must maintain an accurate, up to date, valid, and regularly checked email address for the purposes of receiving notification of changes to these Terms of Use, and it is your responsibility to ensure that messages from TrunkHustle are not being filtered, altered, or blocked by your email software or service provider. If you provide any information that is untrue, inaccurate, not current or incomplete, or TrunkHustle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TrunkHustle has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

4.1. Service Terms. TrunkHustle reserves the right, but has no obligation, to take any of the following actions in its sole discretion at any time and for any reason, and you agree that we will not be liable to you or any third party for taking any of these actions.

4.1.2. Content. TrunkHustle may refuse, move, or remove any Content, including, but not limited to, Content that, in TrunkHustle’s sole opinion, violates or is alleged to violate any applicable law or the letter or spirit of this Agreement. You remain solely responsible for the Content you make available via the Service. You represent that you, or the entity on whose behalf you are entering into this Agreement, own all right, title and interest to all Content, including songs, that you upload to the Service. If a dispute or claim arises from such Content, TrunkHustle reserves the right to remove the Content until a bonafide resolution has been reached. TrunkHustle is in no position to resolve such claims or disputes, and we will not referee your disputes. There are no assurances whatsoever that any Content you submit shall actually be utilized on the TrunkHustle site or, if so utilized, continue to be available for any particular time.

4.1.3. Availability. TrunkHustle may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and TrunkHustle shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the TrunkHustle Service.

4.1.4. Account Access. TrunkHustle may restrict, suspend, or terminate your access to all or any part of the Service, deactivate your account, or delete your account and all related information and files in your account. You acknowledge, consent and agree that TrunkHustle may access, preserve, disclose or delete your account information and Content if required to do so by law or in a good faith belief that such act is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TrunkHustle, its users and the public. After a period of inactivity, TrunkHustle reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the name associated with that account may be given to another Registered User without notice to you or such other party.

4.2. Alteration of Terms. TrunkHustle reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via TrunkHustle’s internal messaging service or via email to the address provided in your Account Profile. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. Notice will be considered to have been delivered once sent. Any use of the Service after alteration of the Terms will constitute acceptance by you of such changes. Your sole remedy should you not agree with the altered Terms shall be close your TrunkHustle account and to cease use of the Service.

4.3. Accuracy. Opinions, advice, statements, offers, information or other Content made available through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TrunkHustle does not: (i) guarantee the accuracy, completeness or usefulness of any information on the service, and (ii) adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than TrunkHustle. Under no circumstances will TH be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to or by any registered users.

4.4. Advertisements. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TrunkHustle shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

4.5. Linking. The Service may provide links to other sites or resources over which TrunkHustle has no control. You acknowledge and agree that TrunkHustle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

4.6. Unauthorized Use. It is possible that other TrunkHustle Users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials or other wise violate these terms on the Service with intent to harass or injure others. You understand and agree that by using the Service, you may be involuntarily exposed to Content that is offensive, indecent, harmful or objectionable. While TrunkHustle prohibits such conduct and Content on its site, you understand and agree that TrunkHustle cannot be responsible for such Content and that you use the Service at your own risk.

5.1. Uploaded Content. TrunkHustle does not claim ownership of any intellectual property rights over the Content you upload to the TrunkHustle Service. Any copyright in your profile and uploaded Content belongs solely to you.

5.2. Created Content. Any content created using the Service shall be owned by TrunkHustle. For example, all copyrights in reviews, ratings, rankings, charts, playlists, podcasts, blogs, newsletters, broadcasts, XML, and RSS shall be owned by TrunkHustle and licensed to you and other users of the Service pursuant to the terms hereof.

5.3. Content Removal. You can remove your Content at any time by deleting your account. Deletion of your account will not terminate any Content licenses granted prior to deletion of your account.

5.5. Claims. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TrunkHustle LLC with the following information:

a)  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

c)  a description of where the material that you claim is infringing is located on the site that is reasonably sufficient to permit TrunkHustle LLC to locate the material;

e)  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

f)   a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Notice of claims of copyright or other intellectual property infringement (or requests from those seeking a license to TrunkHustle LLC. marks) should be sent to:

6.1. License. By uploading Content to the Service (including, but not limited to, sound recordings, musical and/or vocal works, pictures, videos, song lyrics, written materials and/or other materials), you hereby grant, and you represent and warrant that you have the right to grant, to TrunkHustle a worldwide, non-exclusive, fully-paid-up, worldwide license to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display and distribute such information and Content in whole and in part, and to prepare derivative works of, or incorporate into other works, such information and Content, in any format or medium now known or later developed. The foregoing license shall be sublicensable by TrunkHustle to permit TrunkHustle users to view, hear, read, stream, download and link to your Content. TrunkHustle users may not transfer the forgoing rights and, except as otherwise provided herein, TrunkHustle may not transfer or sell its Content license to others. At all times you shall retain full ownership of your Content subject to the non-exclusive rights granted to TrunkHustle hereunder.

6.2. Promotional Use. You also grant TrunkHustle the right to use the Content, (including, but not limited to, names, likenesses biographical material, logos, marks or trade names of you or any individuals performing or otherwise represented in the Content or the artist or band included or referred to in the Content) for the purposes of syndication and the promotion of TrunkHustle products and services without any payment to you or any other persons or companies. TrunkHustle may sublicense its right to display your uploaded Content for promotional purposes of yourself or TrunkHustle.

6.3. Waiver of Performance Royalties. You grant TrunkHustle the right to waive, on your behalf, any performance royalties on the Content when performed in a broadcast format such as internet radio, satellite radio, or terrestrial radio. You represent that you have sufficient ownership of rights in the Content to grant TrunkHustle such waiver.

7.1. Service. You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information of TrunkHustle and its licensors and you agree that except for the limited license granted hereunder, all right, title and interest to the Service and the contents therein remains with TrunkHustle.

7.2. The compilation of content on this site is the exclusive property of TrunkHustle and protected by U.S. and international copyright laws. All software used on this site is the property of TrunkHustle or its software licensors and is protected by United States and international copyright laws.

7.3. Trademarks. Without prior permission from TrunkHustle LLC (trunkhustle.com) you agree not to display or use the Marks in any manner.

7.4 Patents. One or more patents apply to this site and to the features and Service accessible via the site, and you agree that all rights, title and interest to such patents remain with TrunkHustle LLC.

You agree to indemnify and hold harmless TrunkHustle, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or Use of the Service, including any breach by you of the terms of this Agreement and any claims arising from the Content you submit, post, transmit or make available through the Service, your use of the Service. You specifically indemnify TrunkHustle of any claims that may arise from the inaccuracy of any Calendar Listings, Band Information.

9.1.1. Additional License. You authorize TrunkHustle to grant on your behalf the following with regards to your Audio Content: a current, non-exclusive, worldwide, and fully paid-up up license any Digital Radio Partners existing today or added in the future to: Reproduce, distribute, perform publicly, display publicly, and perform digitally the Material in whole or in part, to the extent deemed necessary by TrunkHustle or Radio Partners, each in its sole discretion, in connection with the digital broadcasting of the Material via the Radio Partner's digital radio service and the advertising, promotion and marketing of the Radio Partner's website and services Use any trademarks, service marks or trade names incorporated in the Material or associated with any artists, producers or other individuals whose performances are embodied in the Material, to the extent deemed necessary by TrunkHustle or Radio Partners, each in its sole discretion, in connection with the digital broadcasting of the Material via the Radio Partner's digital radio service and the advertising, promotion and marketing of the Radio Partner's website and services; Use the name and likeness of any artists, producers or other individuals whose performances are embodied in the Material, to the extent deemed necessary by TrunkHustle or Radio Partners, in its sole discretion, in connection with the digital broadcasting of the Material via the Radio Partner's digital radio service and the advertising, promotion and marketing of the Radio Partner's website and services.

9.1.2. Collective Bargaining. You further agree and acknowledge that TH and our Radio Partners are not a signatory to any collective bargaining agreement and are not obligated to make any payments under any such agreement.

9.1.3. Disclaimer. Without limiting any other provision of this Agreement, you agree that TH and our Radio Partners shall not be obligated to obtain any other license, from any person, firm, corporation or other entity, in connection with the exploitation or use of any of the Material, trademarks, trade names, names and likenesses, and/or any other rights granted by you to TH or our radio partners in this Agreement, in any country or territory of the world, including, without limitation, any performance right organization, mechanical royalty collection organization or society (including the Harry Fox Agency and NMPA), music publisher, administrator, record label or other company.

9.1.4. Audio Hosting. As used herein "Audio Hosting" shall mean the storage, web serving, streaming of a single unit of digital audio media and associated metadata for the lifetime of TrunkHustle.com

9.1.5. Listing. As used herein "Calendar Listing" shall mean text information announcing the details of a musical performance. This information may be but is not obligated to be displayed in a variety of ways including but limited to websites, newsletters, and XML documents.

9.1.6. Playlist and Blog Programming (podcasts). As used herein the "podcasts" shall mean a sequential series of posts containing text, audio, and other media, and a corresponding multimedia XML file conforming to the RSS specification.

9.1.7. Featured Artist as used herein "Featured" shall mean receiving promotion above what a normal listing receives (potentially including being listed with earlier notice, promoted to a wider area and visually highlighted.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TrunkHustle PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUNKHUSTLE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRUNKHUSTLE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR ANY SERVICES PROVIDED TO THE REGISTERED USER UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRUNKHUSTLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN THE EVENT OF TRUNKHUSTLE’S BREACH OF WARRANTY, THE SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE AMOUNTS PAID FOR THE SERVICE BY THE REGISTERED USER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TRUNKHUSTLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TRUNKHUSTLE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL TRUNKHUSTLE’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.

CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS IN SECTION 12 AND 13 MAY NOT APPLY TO YOU.

14.1. Term. This Agreement shall become effective upon your acceptance of the Terms by clicking on the "I Accept" button below or your use of the Service and shall remain in effect unless terminated hereunder.

14.2. Termination. Either you or TrunkHustle may terminate your account at any time, for any reason or no reason, without explanation. You agree that TrunkHustle may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, including but not limited to Audio Hosting, Contest Entry, Calendar Listings (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. All terminations shall be made in TrunkHustle sole discretion and that TrunkHustle shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

14.3. Public Content. Obviously, with respect to Content you mark with a Creative Commons license prior to deleting your account or terminating this Agreement, such license shall survive such deletion or termination. TrunkHustle’s license to display, sublicense, and syndicate Artist Information and Calendar listings also survives deletion of your accounts.

14.4. Audio Hosting. You may cancel the Audio Hosting agreement by deleting your Audio Content from your account at any time. Deleting songs means those songs are no longer subject to this agreement, but the rest of these Terms are not cancelled. Upon your emailed request to support@TrunkHustle.com being received by us, we will proceed to delete your song from our system within up to thirty (30) days after receipt of your request. You are free to cancel your Audio Hosting at any time; however, if you submit your song to enter a Contest, processing your request will wait until it has completed its current round of reviews. We are obviously not responsible for any copies of your song that may have been downloaded from our site before we removed your material.

14.5. Performance Royalty Waiver. Any performance royalty waiver made by TrunkHustle before you deleted your Audio Content survives the deletion. It is solely your responsibility to identify, contact and cancel the performance waiver from those parties for whom we had waived the rights on your behalf.

14.7. Membership. You may cancel your membership at any time.

14.8 Breach. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to TrunkHustle by you shall be nonrefundable. In the event of termination by TrunkHustle, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

15.2 Choice of law and forum. These Terms and the relationship between you and TrunkHustle shall be governed by (and construed and interpreted in accordance with) the laws of Arizona, without regard to its conflict of law provisions or your actual state or country of residence. You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the federal and state courts serving the City and County of Maricopa, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.

15.3. Severability and Waiver. If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.

15.4. Survival. Unless otherwise explicitly stated, these Terms will survive the expiration or deletion your account for any reason. TrunkHustle may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which this Agreement relates.

15.5. No Partnership. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of this Agreement to bind the other.

15.6. Entire Agreement. This Agreement, accepted upon clicking "I Accept", contains the entire agreement between you and TrunkHustle regarding the use of this Service, and it supersedes all prior and contemporaneous agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TrunkHustle services, affiliate services, third-party content, or third-party software.

15.7. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.

15.10. Counsel. Although we have attempted to outline above the terms on which you may use the Service in straightforward English, please be aware that these terms, if accepted by you, create a binding legal agreement between you and TrunkHustle. We strongly urge that before accepting these terms you print out a copy and review it with your attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance.