IMPORTANT – READ CAREFULLY
1. Description of the MediaNet Service
The MediaNet Service may offer content which is capable of being downloaded to and stored on the hard drive of Your computer and then transferred, burned or copied (“Permanent Downloads”). Your purchase of Permanent Downloads through the MediaNet Service will be governed by the Terms of Sale. The MediaNet Service may also offer streamed 30-second samples of Permanent Downloads (“Samples”). (Samples and Permanent Downloads shall collectively be referred to as “Content”.)
3. Age Requirements
The MediaNet Service is available for individuals aged 13 years or older. If You are older than 13 years of age but under 18 years of age You should review this Agreement with a parent or guardian prior to using the MediaNet Service to ensure You fully understand the terms and conditions.
To purchase a Permanent Download from the MediaNet Service You must also comply with the age requirements as specified in the Terms of Sale.
4. Usage Rules and Security
You understand and agree that Your use of the Content is limited by certain usage licensing rules established by MediaNet and/or the owners of the Content (“Content Owners”) and/or third party licensors and will govern Your rights with respect to that Content as set forth herein (“Usage Rules”), including, without limitation:
- The use of the Content and access to the MediaNet Service is subject to Your prior acceptance of the terms of this Agreement.
- The Content and MediaNet Service may be used solely for Your own personal, entertainment and non-commercial use.
- Unless otherwise expressly authorised in this Agreement, any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, promotion, commercial use, sale, transfer, assignment or other use of the Content provided through the MediaNet Service, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, is a violation of copyright law and is expressly prohibited.
- The Content shall not be used as a musical “ringer” in connection with phone calls.
- Permanent Downloads may only be used in accordance with the Usage Rules and terms and conditions set forth in the Terms of Sale.
The Usage Rules may be controlled and compliance with Usage Rules may be monitored by MediaNet and the Content Owners who each reserve the right to enforce the Usage Rules with or without notice to You. MediaNet reserves the right to modify the Usage Rules at any time.
You understand and agree that the MediaNet Service, and products accessed through the MediaNet Service, such as Content are provided by way of license only, include a security framework using technology that is designed to protect digital content information and may limit Your access and use of Content and MediaNet Service according to the Usage Rules and terms of this Agreement.
You agree not to violate, or attempt to violate, the Usage Rules, any security components of the MediaNet Service or Content or security technology or software. You agree not to, nor attempt to, nor encourage or assist a third party to or to attempt to, violate, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components used to administer the MediaNet Service or related to such Usage Rules for any reason whatsoever or interfere with, remove or alter any rights management information in relation to the Content. Notwithstanding these provisions You are entitled to burn Permanent Downloads to CD subject to the terms of this Agreement.
You agree that Your use of the MediaNet Service, Your streaming and downloading of Content and use of information related to the Content constitutes Your acceptance of and agreement to use such Content solely in accordance with the applicable Usage Rules, and that any other use of the Content or the MediaNet Service will constitute a breach of this Agreement and may constitute a violation of law, including copyright infringement. Any security technology, as applicable, is an included as part of the Content and the MediaNet Service.
You warrant represent and undertake that You will not use the MediaNet Service including any Content:
- to violate or infringe anyone’s intellectual property rights;
- in any way that may damage the reputation of MediaNet;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the MediaNet Service;
- to attempt to gain unauthorized access to, interfere with or disrupt the MediaNet Service or servers or networks connected to the MediaNet Service, or disobey any requirements, procedures, policies or regulations of networks connected to the MediaNet Service;
- to cause the MediaNet Service to distribute, upload, stream, display, embed, transmit or otherwise make available (i) any unauthorized or illegal content from any source; (ii) content that is explicit, violent, obscene, unlawful, harmful, threatening, abusive, harassing, tortious, discriminatory, defamatory, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) content that advocates a political position, or (iv) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- to impersonate any person or entity, including, but not limited to, a MediaNet official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- change or manipulate any Content or data associated therewith, or any part of the MediaNet Service, other than as expressly permitted herein, harvest, collect, or store personal data about other users in connection with the prohibited conduct and activities set forth herein.
In using the MediaNet Service and Content You agree to comply with any applicable local, state, national or international law, and any regulations having the force of law.
You will not access or use the MediaNet Service by any means other than as provided by MediaNet, will not make any automated use of the MediaNet Service (such as through scripts, data mining, robots, screen scraping, or similar data gathering and extraction tools) or interfere with, disrupt or create an undue burden on the MediaNet Service or the networks or services connected to the MediaNet Service. You agree not to modify the MediaNet Service or Content in any manner or form, or to use modified versions of the MediaNet Service, for any purposes including obtaining unauthorized access to the MediaNet Service. Violations of system or network security, including without limitation the Usage Rules, may result in civil or criminal liability.
Any unauthorized reproduction, publication, further distribution or public exhibition of the MediaNet Service or materials provided on the MediaNet Service in whole or in part, is strictly prohibited.
Use of the MediaNet Service requires devices including but not limited to a computer, a CD burner (as applicable), the internet and certain software. You acknowledge and agree that such system requirements, which may change from time to time, are Your sole responsibility.
Access to Content and Objectionable Material
You acknowledge and agree that by using the MediaNet Service, You may encounter content that may be deemed to be indecent, offensive or otherwise objectionable. You agree that Your access to and use of the MediaNet Service including any Content is at Your own risk and that MediaNet shall have no liability to You in respect of any content, including the Content, that is deemed to be offensive, indecent or objectionable.
YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. In this regard, you acknowledge that You may not rely on any Content created by MediaNet or third parties or submitted to MediaNet.
6. Third Party Websites, Software and Services
The MediaNet Service may be integrated with other services and software provided by third parties. If You access the MediaNet Service through a third party website or other interface, or use any third party software or other products in connection with the MediaNet Service, You may be subject to additional terms and conditions.
8. Intellectual Property
You represent, warrant and agree that You are using the MediaNet Service hereunder for Your own personal, noncommercial entertainment use and not for redistribution of any kind.
All intellectual properties of the MediaNet Service, Content and all other information, materials and products included on or otherwise made available through the MediaNet Service (collectively “Intellectual Property”) are protected by copyright, patent, trade secret, trademark, trade dress, and service mark laws of the Territory, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
All Intellectual Property is the sole and exclusive property of its respective owners, which includes MediaNet, Content Owners and their respective subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, trade dress, and trade names are proprietary to MediaNet, Content Owners or their respective affiliates and/or third-party licensors. Except as expressly authorized by the owner of the Intellectual Property, you agree not to sell, rent, lease, loan, assign, sublicense, distribute, or otherwise transfer, copy or reproduce, modify, publicly perform or display, broadcast, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of such Intellectual Property other than as expressly authorised in this Agreement.
MediaNet or its licensors own the copyright in and to the MediaNet Service, including but not limited to the compilation of content. Any use of the MediaNet Service otherwise than in accordance with this Agreement is strictly prohibited and infringes the intellectual property rights of others for which You may be liable.
MediaNet Digital, MNDigital.com, and Performance by MediaNet are trademarks, domain names, and/or service marks of MediaNet. All other trademarks, domain names, or service marks are property of their respective owners. Use of any MediaNet's trademarks or service marks without MediaNet's express written consent is strictly prohibited.
We respect the copyright of others, and We ask You to do the same. We may, in appropriate circumstances and at Our discretion, disable and/or terminate the access of users who may be repeat infringers. If You believe that intellectual property may have been or is being infringed with respect to any items made available through the MediaNet Service, please notify Us pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c) by providing the following information to our designated agent:
- an electronic copy or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone numbers and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receiving proper notice, We will take prompt action. Such written notice should be sent to our designated agent as follows:
MediaNet Digital, Inc.
2401 Elliott Ave., Suite 300
Seattle, WA 98121
Telephone: (206) 269-6000
Facsimile: (206) 269-6100
All information must be included in the notice to be effective.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE DMCA, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY.
The MediaNet Service is currently available only in the United States (“Territory”) and is not available in any other location. You agree not to use or attempt to use the MediaNet Service from outside of the Territory, and that MediaNet and/or the Content Owners may use such technologies as We deem necessary to verify Your compliance.
10. Indemnity and Waiver
11. Discontinuation/Removal of Content or Services
12. Advertisers and Links to Third Party Sites
Any links to the internet sites of third parties are provided solely for Your convenience and such sites are not owned or operated by MediaNet. MediaNet has no control over any linked third party sites, is not responsible for the content on such sites, and makes no representations or warranties with respect to such sites. If You click through to a third party's site, You do so at Your own risk and may be subject to the third party’s terms and conditions.
Your correspondence or business dealings with, or participation in promotions of, advertisers found in connection with the MediaNet 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 MediaNet 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 with the Services.
MediaNet may take such steps as We believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement including but not limited to automated monitoring of compliance, MediaNet’s right to cooperate with any legal process relating to Your use of the MediaNet Service, and/or a third party claim that Your use of the MediaNet Service is unlawful and/or infringes such third party’s rights.
MediaNet reserves the right to immediately (i) terminate and preclude Your access to the MediaNet Service and/or Content; and/or (ii) suspend Your access to the MediaNet Service, or any part thereof: if You have, or MediaNet has reasonable grounds to believe that You have, failed to comply with any of the provisions of this Agreement, including but not limited to violation of the Usage Rules (including those that apply to Permanent Downloads as applicable), infringement or violation of any intellectual property rights of MediaNet, Content Owners or licensors in relation to the MediaNet Service or Content; and any failure to make payment for a Permanent Download in accordance with the Terms of Sale.
You agree that in the event of termination by MediaNet or suspension as set out above, You will remain liable for all amounts due to MediaNet, including any Permanent Download Fees payable in accordance with the Terms of Sale, up to and including the date of termination or suspension.
15. Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU ACKNOWLEDGE AND AGREE THAT THE MEDIANET SERVICE AND ALL CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEDIANET SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM MEDIANET, CONTENT OWNERS OR THEIR RESPECTIVE SUBSIDIARIES OR AFFILIATED COMPANIES AND/OR THIRD-PARTY LICENSORS.
YOU AGREE THAT YOUR USE OF THE MEDIANET SERVICE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.
MEDIANET, CONTENT OWNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIANET SERVICE AND CONTENT, AND ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MEDIANET SERVICE OR CONTENT.
IN PARTICULAR MEDIANET, CONTENT OWNERS AND LICENSORS DO NOT WARRANT THAT:
- YOUR USE OF THE MEDIANET SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. MEDIANET RESERVES THE RIGHT SUSPEND OR CANCEL THE MEDIANET SERVICE AT ANY TIME FOR TECHNICAL OR OPERATIONAL REASONS, WITHOUT NOTICE;
- THE MEDIANET SERVICE OF THE CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, OR OTHER SECURITY INTRUSION AND MEDIANET DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NEITHER MEDIANET, ANY CONTENT OWNER OR THIRD PARTY LICENSOR, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES OR AFFILIATED COMPANIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MEDIANET OR CONTENT OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR LOSS OF ANY KIND ARISING FROM YOUR USE OF THE MEDIANET SERVICE OR FROM CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEDIANET SERVICE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTHING IN THIS AGREEMENT SHALL LIMIT MEDIANET’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FRAUD.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND TO THE MAXIMUM AMOUNT PERMITTED BY LAW, MEDIANET HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
16. Third Party Beneficiaries
Under no circumstances shall MediaNet or Content Owners be held liable for any delay or failure in performance resulting directly or indirectly from acts of God, fire, riot or civil commotion, act of public enemy, rule, order or act of any government or governmental instrumentality (whether federal, state, local or foreign) or other cause of a similar or different nature not reasonably within MediaNet or Content Owners’ control, as applicable.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflict of laws provisions of New York or Your actual state or country of residence. Any claim or controversy in any way arising out of or relating to this Agreement will be filed in a court of competent jurisdiction sitting in New York County, New York and You consent to exclusive jurisdiction in that county.
This Agreement is personal to You and may not be transferred, assigned or delegated to anyone. Any attempt by You to assign, transfer or delegate this Agreement shall be null and void. We may assign or sub-license this Agreement to an affiliate or successor in interest to all or substantially all of our assets with or without notice to You.
This Agreement does not in any way create the relationship of principal and agent, franchise, joint venture, or partnership. Neither party will act or attempt to act, or represent itself to others, as an agent of the other party or in any manner assume or create any obligation on behalf of or in the name of the other party, pursuant to this Agreement. Neither party will be liable of any debts or obligations of the other unless expressly assumed in writing.
Please report any violations of this Agreement to our customer service department (firstname.lastname@example.org).
Date: June 15, 2010