EFFECTIVE DATE: DECEMBER 19, 2012
THESE TERMS AND CONDITIONS OF PURCHASE FORM A LEGAL AGREEMENT (THE "AGREEMENT") SET OUT BELOW AND GOVERN YOUR PURCHASE OF MUSIC IN THE FORM OF DIGITAL DOWNLOADS FROM REVERBNATION.COM, OWNED AND OPERATED BY EMINOR, INC. (HEREINAFTER REFERRED TO AS "REVERBNATION", "OUR", "WE"OR "US"). IN ORDER TO PURCHASE MUSIC FROM US YOU MUST ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. AFTER READING THE TERMS, IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING ON "I AGREE" AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "I DO NOT AGREE" AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE
1. PAYMENTS, TAXES, AND REFUND POLICY You agree that you will pay for all music in form of digital downloads (each a "Song") that your purchase from us, and that we may charge your payment method for any Song purchased from us. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the Songs plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the Songs. We will charge tax only in states where digital goods are taxable. All sales are final. Prices for Songs may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a Song becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Song, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us.
2. GIFT CERTIFICATES, ITUNES CARDS, ALLOWANCES, AND CONTENT CODES We do not presently offer gift certificates, but we may do so in the future. As such time as we offer gift certificates, the following terms will apply. Unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged or resold. Unused balances are not transferable. All gift certificates have a value of 1/10 of one cent. We are not responsible for lost or stolen gift certificates. We reserve the right to close accounts and request alternative forms of payment if a gift certificate is fraudulently obtained or used to purchase Songs. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
3. ELECTRONIC CONTRACTING You agree that your purchase of Songs requires you to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
4. REQUIREMENTS FOR USE OF THE ITUNES SERVICE You must be 13 years or older to purchase Songs. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.In order to purchase Songs, you must have Internet access and certain software. You agree that meeting these requirements, which may change from time to time, is your responsibility.
5. AUTOMATIC DELIVERY When you purchase Songs, you will designate an email address to which the Songs will be automatically sent in a digital format.
7. USE OF PURCHASED SONGS You agree that you shall use all Songs purchased from us in compliance with the applicable usage rules established by us and our licensors ("Usage Rules"), and that any other use of the Songs may constitute a copyright infringement. We reserve the right to modify the Usage Rules at any time. Usage Rules may be controlled and monitored by us for compliance purposes, and we reserve the right to enforce the Usage Rules without notice to you. You shall not access or attempt to access an Account that you are not authorized to access.
(i) You shall be authorized to use Songs only for personal, noncommercial use. You may not transfer or sublicense your rights to any third party.
(ii) You shall be authorized to use and store Songs on an unlimited number of devices and you may make an unlimited number of copies of the Songs for such purposes.
(iii) Songs may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Songs once downloaded, and you may wish to back them up.
(iv) The delivery of Songs does not transfer to you any commercial or promotional use rights in the Songs. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Song.
8. THIRD-PARTY MATERIALS All Songs include unedited or reviewed material from third parties. We may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content of any Song and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other music, songs or lyrics.
9. OBJECTIONABLE MATERIAL You understand that by purchasing Songs, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to purchase Songs at your sole risk and we shall have no liability to you for Songs or other third party materials that may be found to be offensive, indecent, or objectionable. All Song titles and descriptions are provided for convenience, and you agree that we do not guarantee their accuracy.
10. INTELLECTUAL PROPERTY You agree that the ReverbNation.com web site (the "Site") contains proprietary information and material that is owned by us and our licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except in compliance with this Agreement. All copyrights in and to the Site are owned by us and our licensors.ReverbNation, the ReverbNation logo, and other ReverbNation trademarks, service marks, graphics, and logos used in connection with the Site are trademarks or registered trademarks of eMinor Incorporated in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Site may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
11. TERMINATION If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, we, at our sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination. We reserve the right to modify, suspend, or discontinue the sale of Songs at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights.
12. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR PURCHASE OF SONGS WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE SONGS FOR INDEFINITE PERIODS OF TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SONGS DELIVERED TO YOU THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL REVERBNATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY SONG OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR PURCHASE OF ANY SONG, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SONG, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE PURCHASE OF ANY SONG, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE OF SONGS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WE DO NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR COMPUTER SYSTEMS, INCLUDING ANY SONGS PURCHASED FROM US.
13. WAIVER AND INDEMNITY BY PURCHASING SONGS, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE OR YOUR PURCHASE OF SONGS, OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
14. MISCELLANEOUS The Agreement incorporates the ReverbNation Terms and Conditions of Use ("Site Terms and Conditions of Use") that are found at http://www.reverbnation.com/main/terms_and_conditions. In the event that there is a conflict between the Site Terms and Conditions of use and the terms of this Agreement, the terms of this Agreement will control. This Agreement and the Site Terms and Conditions of Use set forth the entire agreement between you and us pertaining to your purchase of Song and use of the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued purchase of Songs and or use of the Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, you should immediately cease using the Site and purchasing Songs. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.