OFFICIAL DON MCLEAN WEBSITE Fan Community Terms and Conditions

All access to and use of the Fan Community on the OFFICIAL DON MCLEAN WEBSITE (the "Fan Community") is subject to the following Code of Conduct and Fan Community Terms and Conditions of Use (collectively referred to as the "Code"). Entry to, use and/or participation in the Fan Community constitutes Your agreement to abide by the Code set out below as amended from time to time. If You do not agree to all of the Code, please leave the Fan Community immediately.

The Code applies to all access to, use and/or participation in the Fan Community, including the discussion forums, guestbook, chat room, 'Words & Music', and any page in which information may be submitted to the OFFICIAL DON MCLEAN WEBSITE. Please read the Code carefully.

1. Your Specific Responsibilities

You may post to the Fan Community (each a "Posting"). All Postings must be legal, decent and honest. You shall be liable for any Postings You make to the Fan Community. The OFFICIAL DON MCLEAN WEBSITE is not liable or responsible for such Postings. The OFFICIAL DON MCLEAN WEBSITE may monitor or exercise editorial control over the Fan Community. Therefore, the OFFICIAL DON MCLEAN WEBSITE has the right (but not the obligation) in its sole discretion to alter, amend or remove or refuse to post or display any Postings. The OFFICIAL DON MCLEAN WEBSITE is not responsible for and does not necessarily endorse, support or recommend the contents of Postings or the Fan Community. You should not rely on the content of any Postings and any reliance on Postings will be at Your own risk.

You shall not:-

(i) create any Posting that is or could be deemed to be vulgar, obscene, defamatory, abusive, threatening, profane, racist, hateful, indecent or degrading; or

(ii) create any Posting that contains information obtained in breach of confidence or which is otherwise contrary to applicable law or regulation; or

(iii) create any Posting that infringes the intellectual property rights (including, without limitation, copyright) or any other rights of any other party; or

(iv) create any Posting that impersonates any person, company, group or entity or misrepresents a relationship to or with any of the same; or

(v) create any Posting that is or could be deemed to be the provision of professional advice; or

(vi) create any Posting that contains any advertising or promotional material whether commercial in nature or otherwise or any chain e-mails, "spam", junk mail, pyramid schemes or mail bombs or conducts a survey; or

(vii) create any Posting that contains a virus or other harmful component or otherwise upload files that may damage the operation of another person's computer, software or network; or

(viii) create any Posting that disguises the origin of such Posting; or

(ix) create any Posting that collects or stores any other party's personal data or otherwise breaches applicable data protection legislation (including, without limitation, by trading or illegally disclosing personal information;

(x) create any Posting that prevents or restricts the use of the OFFICIAL DON MCLEAN WEBSITE and the Fan Community by other users; or

(xi) stalk or harass any third party by means of the Fan Community.

By submitting a Posting to the Fan Community, You provide all other users of the Fan Community with the right to obtain access to the Posting and to view, store and reproduce the Posting for personal use. All Postings submitted to the Fan Community in accordance with the Code shall be the exclusive property of the OFFICIAL DON MCLEAN WEBSITE. You hereby assign all rights in and to the same to the OFFICIAL DON MCLEAN WEBSITE. You hereby waive all rights, including but without limit moral rights, that you may have in such Postings.

Where You collaborate with another person as a result of use of the Fan Community, You and such other person(s) do so as independent contracting parties. You acknowledge that the OFFICIAL DON MCLEAN WEBSITE will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.

2. Complaints and Sanctions Procedure

Should You have any complaint about the Fan Community, You will, in the first instance, refer the complaint to the OFFICIAL DON MCLEAN WEBSITE (alan@don-mclean.com), who shall have all the powers of an arbiter. You should set out full details of the particular Posting giving rise to the complaint and the reasons for Your complaint.

Sanctions available to the OFFICIAL DON MCLEAN WEBSITE include (as the OFFICIAL DON MCLEAN WEBSITE sees fit), without limitation, removing any Posting; suspending or expelling any offending contributor from the Fan Community without reason or notice; referring the matter to the appropriate law enforcement agency, where, in the OFFICIAL DON MCLEAN WEBSITE's opinion, the dispute is of a criminal or illegal nature; and referring the matter to a court of competent jurisdiction if the dispute necessitates the same.

3. Content (No Warranty)

The OFFICIAL DON MCLEAN WEBSITE does not warranty the content, accuracy or veracity of any Postings on the Fan Community, the responsibility for which rests with the relevant contributor. You accept the Fan Community "AS IS" with any faults or failings and, to the fullest extent permitted by applicable law, without any representation, warranty guarantee or undertaking whatsoever, express or implied, on the part of the OFFICIAL DON MCLEAN WEBSITE, specifically including but not limited to warranties of satisfactory quality, fitness for a particular purpose, freedom from computer viruses and non-infringement of third parties' rights. The OFFICIAL DON MCLEAN WEBSITE reserves the right at any time and without notice to change, amend or otherwise vary the Code.

4. Liability

You are solely responsible for the accuracy, legality, currency and compliance of Your Postings and You will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to in Your Postings. If You have reason to believe that any Posting infringes the Code or is otherwise objectionable You will notify the OFFICIAL DON MCLEAN WEBSITE immediately at alan@don-mclean.com.

The OFFICIAL DON MCLEAN WEBSITE shall not be liable for any direct, indirect, special, incidental or consequential loss or damage or for loss of profits, contracts, data, goodwill, work stoppage or computer failure resulting from the use of or inability to use, interruption or availability of the Fan Community, its operation or transmission, computer viruses or otherwise in respect of the use of the Fan Community (including any Postings) and howsoever caused even if the OFFICIAL DON MCLEAN WEBSITE had been advised of the possibility of such loss or damage. The OFFICIAL DON MCLEAN WEBSITE excludes any liability for any errors or omissions from Postings and functions in the Fan Community except to the extent that such liability may not be lawfully excluded under the applicable law.

5. Indemnity and Waiver

You agree to fully indemnify and keep the OFFICIAL DON MCLEAN WEBSITE, its successors and assigns fully indemnified from and against any and all liability, damages, losses, claims, costs and expenses (including reasonable legal fees) resulting in any way from or in connection with the OFFICIAL DON MCLEAN WEBSITE's use of, and from, any Posting made by You to any discussion groups on the Fan Community or from any breach by you of the Code and the OFFICIAL DON MCLEAN WEBSITE's provision of the Fan Community facility including but not limited to use of Your Postings, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from Your use of the Fan Community.

You waive any right to bring any claim or action against the OFFICIAL DON MCLEAN WEBSITE for any loss, damage or injury arising from Your use of the Fan Community or any Posting on the Fan Community or from this Code.

6. Term and Termination

You agree to remain bound by the Code (as amended from time to time) for as long as You continue to access, use or participate in any discussion group on the Fan Community and wish to use the Fan Community unless the OFFICIAL DON MCLEAN WEBSITE earlier terminates, suspends or otherwise limits Your access to the Fan Community in accordance with the Code or as the OFFICIAL DON MCLEAN WEBSITE, in its complete discretion, otherwise deems appropriate.