Music Help Online

TERMS AND CONDITIONS

 PLEASE BE AWARE THAT THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE MUSIC PLAYER APPLICATION AND AUDIO CONTENT YOU ARE USING. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE PLAYER OR CONTENT. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY RETURN THE COMPACT DISC ON WHICH YOU RECEIVED THE PLAYER AND CONTENT FOR A REFUND.

INSTRUCTIONS FOR RECEIVING A REFUND UNDER OUR RETURNS POLICY ARE ENCLOSED IN THE JEWEL CASE ACCOMPANYING THE COMPACT DISC AND ARE AVAILABLE ONLINE AT: Return Policy.

  1. DESCRIPTION OF PLAYER AND CONTENT
    2.
    • The compact disc you are using contains copy protection technology. When you use the compact disc in a conventional CD player, it operates like any other CD. When you use the compact disc in a CD ROM drive, the technology launches an audio player (the "Player"), and plays compressed audio files (the "Content").
  2. USE OF THE PLAYER AND CONTENT
    3.
    • No Additional Charge. There is no additional charge to you for the Player or Content.

    • Privacy. No personal information about you is collected by or through the Player or Content.

    • Responsibilities. You are responsible for all use of the Player and the Content on the CD you have purchased. You may only use the Player and Content pursuant to these terms and conditions.

    • Player and Content. The Player and Content comprise intellectual property owned by us and our licensors, and they are protected under international law, including patent, copyright and trade secret laws. Your use of the Player and Content is governed by the terms and conditions set forth herein. All title and ownership rights in the Player and Content remains with us and our licensors, as applicable.

    • License. We hereby grant to you a limited, non-exclusive, non-transferable, revocable license to use the Player and Content on your personal computer solely for your own personal, non-commercial use. You understand and agree that you may not reproduce, modify, display, distribute or otherwise use the Player or Content except as expressly provided herein, and you may not attempt to separate the Player or Content from the CD on which you received them. You may not authorize, encourage or allow the Player or any Content to be reproduced, modified, displayed, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or use of them. Nothing herein is intended to prevent you from transferring the CD you purchased to another person who will be bound by these terms and conditions. Except as expressly provided herein, no other licenses or rights (including rights to maintenance or updates) are granted, expressly, or by implication or estoppel.

    • No Reverse Engineering. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Player, the operation of it, or Content.

  3. MAINTENANCE AND UPDATES
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    • We do not provide maintenance or updates for the Player or Content.
  4. INTELLECTUAL PROPERTY RIGHTS
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    • All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Player and/or Content are our property or that of our affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Player and Content (and portions of them) are protected under patent law and are the subject of issued patents and pending patent applications. The Player and Content (and portions of them) are also protected under copyright law and trade secret law. The Player and Content may also contain third party technology. The following describes such third party technology and your rights and licenses therein. The Player uses the Blowfish block cipher, ã 1995 A.M. Kuchling; you may use it solely in connection with your use of the Player and Content as permitted herein, unless you receive further authorization directly from the author of it. The Player includes technology of EverAd Inc., Midbar Tech Ltd., and QDesign Corp.; you may use it solely in connection with your use of the Player and Content as permitted herein, unless you receive further authorization directly from the owners of it. The Content has been encoded using software that incorporates the LAME encoder; more information about the encoder is available at http:// www.mp3dev.org.

  5. U.S. GOVERNMENT RIGHTS
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    • The Player is "commercial computer software" or "commercial computer software documentation." The United States government's rights with respect to the Player are limited by the terms of this agreement pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable.
  6. INTERNATIONAL CONSIDERATIONS
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    • The Content files are encrypted and the Player contains decryption technology. You agree to abide by U.S. and other applicable export control laws and not to transfer any material subject to restrictions under such laws to a national destination or person prohibited under such laws.
  7. REMEDIES
    8.
    • You understand and agree that any unauthorized use of the Player or Content would result in irreparable injury to us and/or our affiliates or licensors for which money damages would be inadequate, and in such event we and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this document shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
  8. INDEMNITY
    9.
    • You agree to indemnify and hold harmless us and our agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) (collectively "Claims") arising from or concerning your use of the Player or Content and to reimburse them on demand for any losses, costs or expenses they incur as a result of any Claims.

  9. TERM AND TERMINATION
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    • The term of this agreement shall be for so long as we and/or our licensors own any intellectual property rights in the Player or Content. You may terminate this agreement at any time by returning to us the CD you purchased.
  10. DISCLAIMERS
    11.
    • You understand and agree that your use of the Player and Content is at your own sole risk. THE PLAYER AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY US OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE AND OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE PLAYER OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. WE, OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLAYER OR CONTENT WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD US OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE PLAYER OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY INFECTIONS OR CONTAMINATIONS OF YOUR COMPUTER OR DAMAGE TO ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS THE SAME THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO US, OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE.

      UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE PLAYER OR CONTENT.

      UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PLAYER OR CONTENT, EVEN IF WE AND/OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, WE AND/OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.

  11. LAW AND LEGAL NOTICES
    12.
    • This agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of the Player and Content. You understand and agree that, except as expressly set forth herein, this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any actions arising out of or in any manner affecting the interpretation of this agreement as they pertain to the Player or Content, whether under this agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and the State of California, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the extent permitted by law, the provisions of this agreement shall supersede any provisions of the Uniform Commercial Code and the Uniform Computer Information Transactions Act as adopted or made applicable to the Player in any competent jurisdiction. You expressly agree that the courts in the State of California, Los Angeles County, have exclusive jurisdiction over any claim or dispute with us or relating in any way to the Player or Content. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts of Los Angeles County in connection with any such dispute including any claim involving us or our partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.