IMPORTANT – READ CAREFULLY.
THE TERMS OF SALE FOR PERMANENT DOWNLOADS ("TERMS OF SALE") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” AND “YOUR”) AND MUSICNET, INC. D/B/A MEDIANET DIGITAL, INC., A DELAWARE CORPORATION ("MEDIANET," "WE," "OUR").
BY PURCHASING PERMANENT DOWNLOADS THROUGH THE MEDIANET SERVICE YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF SALE, YOU UNDERSTAND THEM, AND YOU CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS OF SALE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASE OF PERMANENT DOWNLOADS THROUGH THE MEDIANET SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED IN THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE ANY PERMANENT DOWNLOADS THROUGH THE MEDIANET SERVICE.
These Terms of Sale apply to Your purchase of Permanent Downloads (as defined below) through MediaNet’s online storefront offering downloads and streams of digital content (the “MediaNet Service”). As used herein, MediaNet includes MusicNet, Inc. and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers, licensors or sources of information, data or Permanent Downloads.
MediaNet reserves the right, in Our sole discretion, to change, add or remove portions of these Terms of Sale at any time and all rights that We may have in law or equity to enforce the terms of these Terms of Sale. It is Your responsibility to check these Terms of Sale each time before purchasing Permanent Downloads through the MediaNet Service, and any changes to these Terms of Sale shall apply to any purchases made after such changes are posted. Because they are binding upon You and govern Your relationship with MediaNet, You should visit this page from time to time to review the then-current Terms of Sale.
2. Age Requirements
MediaNet does not provide payment facilities or sell Permanent Downloads to children. If You are under the age of 18, You should only use the MediaNet Service and access to the Permanent Downloads (as defined herein below) with the involvement of a parent or legal guardian.
3. Permanent Downloads
All audio Permanent Downloads sold through the MediaNet Service are encoded in a high quality MP3 format.
4. United States Sales Only
Purchases of Permanent Downloads from the MediaNet Service are available to You only in the United States. If You are not in the United States You may not use or attempt to use the MediaNet Service or purchase Permanent Downloads. MediaNet may use technologies to verify such compliance.
5. Ownership of the Permanent Downloads
Permanent Downloads may be owned by MediaNet or its licensors (“Content Owners”), and in all circumstances, You understand and acknowledge that all Permanent Downloads embody the intellectual property of a third party and Your rights with respect to Permanent Downloads will be limited by copyright law.
You agree to comply with all applicable laws in Your use of the Permanent Downloads, including not to make any use of the Permanent Downloads that would infringe the copyright therein, and to protect the applicable Content Owner’s rights therein.
You agree that you will not attempt to modify any Permanent Downloads obtained through the MediaNet Service for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Permanent Downloads.
6. Content Availability
MediaNet in its sole discretion or at the request of a Content Owner may, from time to time, remove Permanent Downloads from the MediaNet Service without notice.
8. Usage Rules and Restrictions
- You shall be entitled to export, burn or copy Permanent Downloads solely for Your personal, non-commercial and entertainment use and not for any redistribution.
- Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners in the Content or any related content provided as part of the MediaNet Service.
- Permanent Downloads can only be downloaded once per transaction. You may copy, store, transfer or burn a single Permanent Download to a CD an unlimited number of times provided that such use is solely for Your own personal, entertainment and non-commercial use. Once you have burned a Permanent Download to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.
- Unless otherwise expressly authorised in these Terms of Sale, 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 Permanent Downloads 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 expressly prohibited without the prior written consent of the Content Owner.
- Permanent Downloads may not be used as a musical “ringer” in connection with phone calls.
- You understand that once You have purchased and received a Permanent Download it is Your sole responsibility not to lose, damage or otherwise destroy the Permanent Download and MediaNet shall have no liability to You for any such loss, damage or destruction.
9. Permanent Download Fees
Permanent Downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of an album. However, each purchase of a Permanent Download shall be deemed a final, nonrefundable sale.
Your purchase of a Permanent Download will entitle You to download a single copy of the applicable Permanent Download per transaction.
The charges for Permanent Downloads are indicated on the MediaNet Service with respect to each Permanent Download, whether sold individually or as part of an album. MediaNet reserves the right to change prices without notice for future purchases of Permanent Downloads offered on the MediaNet Service at any time. In the event of a promotional offering, MediaNet shall not provide refunds.
10. Payment Method and Terms
All payments for Permanent Downloads (including any applicable taxes) must be made by credit card or through a PayPal® account. By submitting an order through the MediaNet Service, You authorize MediaNet, or its designated payment processor, to charge the credit card or PayPal® account You provide for the total purchase amount. If MediaNet does not receive payment from the credit card issuer, its agent or PayPal®, You agree to pay all amounts due and owing. All payments are to be made in United States Dollars.
11. Cancellation Policy
All sale of Permanent Downloads are final. You do not have the right to withdraw from a purchase once You begin to download content from the MediaNet Service and You will not have a right to cancel your contract once the download commences.
12. For Assistance with Orders
In the event that You experience difficulties with purchasing a Permanent Download, please contact firstname.lastname@example.org.
You will be responsible for any applicable sales tax, use tax or any other governmental taxes or fees applicable to your purchase of Permanent Downloads. If You do not pay such taxes or fees at the time of Your purchase of which are later determined to be applicable, MediaNet reserves the right to collect such taxes or fees from You at any time.
14. MediaNet as an Agent
Any Permanent Downloads of Sony Music Entertainment content are sold directly by SME Digital LLC via MediaNet as its agent.
15. Your Representations and Warranties
You represent, warrant and undertake that:
- You are using the MediaNet Service hereunder for Your own personal, non-commercial entertainment use and not for redistribution of any kind.
- You will not distribute, transmit, broadcast, publicly perform or publicly display, rent, lend, modify, adapt, edit, assign, sell, license or sub-license, or otherwise transfer or use any copies of Permanent Downloads obtained through the MediaNet Service.
- You are not granted any synchronization, promotional, public performance, commercial sale, resale, reproduction or distribution rights in the Permanent Download.
- You acknowledge and agree that the Permanent Download contains the intellectual property of a third party and is protected by law.
- You shall not infringe the intellectual property rights of any third party in and to the Permanent Download and any related content and shall comply with all applicable laws in relation to Your Use.
- In consideration of Your use of the MediaNet Service, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction.
- All information about yourself you provide to us though the MediaNet Service, including, without limitation, name, address, and credit card or other payment information is true, accurate, current and complete.
You hereby agree to indemnify, defend and hold harmless MediaNet, Content Owners, third-party Licensors, and their respective officers, directors, agents, employees, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability, losses, damages and costs (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of: (i) Your use of the Permanent Downloads that violate any applicable law, including without limitation that it infringes or otherwise violates the rights of a third party; and (ii) any breach of or non-compliance with any of Your representations, warranties or obligations contained in these Terms of Sale.
You shall cooperate as fully as reasonably required in the defense of any claim. MediaNet reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU ACKNOWLEDGE AND AGREE THAT THE MEDIANET SERVICE INCLUDING ALL PERMANENT DOWNLOADS AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEDIANET SERVICE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM MEDIANET OR ANY CONTENT OWNERS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MEDIANET AND ALL CONTENT OWNERS DISCLAIM ALL WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MEDIANET NOR ANY CONTENT OWNERS WARRANTS THAT THE MEDIANET SERVICE OR ANY PERMANENT DOWNLOADS, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEDIANET SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NEITHER MEDIANET NOR ANY CONTENT OWNERS WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND ARISING FROM THE USE OF THE MEDIANET SERVICE OR FROM PERMANENT DOWNLOADS, 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 PERMANENT DOWNLOAD GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
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.
You agree that your purchase and downloading of Permanent Downloads and use of information related to the Permanent Downloads is further acknowledgement of your acceptance of and agreement to use such Permanent Downloads solely in accordance with the applicable usage rules, and that any other use of Permanent Downloads will constitute a breach of these Terms of Sale and may constitute a violation of law, including copyright infringement.
The Content Owners are intended beneficiaries of these Terms of Sale and shall have the right to enforce these Terms of Sale against you. MediaNet and the Content Owners reserve all rights that they may have in law or equity to enforce the terms of these Terms of Sale or the use of the Permanent Downloads.
This Terms of Sale 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 Terms of Sale 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.
Please report any violations of this Terms of Sale to our customer service department email@example.com.
Date: June 15, 2010