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Magnatune Terms of Use
This is a legal agreement between you, the potential user of this website ("you")
and Redmood, Inc. DBA Magnatune ("Magnatune"). Your use of this website ("Site") or any of the
products and services offered on this Site, as well as mobile applications which provide
access to the products and services on this Site (collectively, the "Services") is
conditioned on your acceptance without modification of these Terms of Service ("Terms").
Please read these Terms carefully. If you do not agree to these Terms,
you should not use the Site or Services. Magnatune may at its sole discretion
modify these Terms at any time and such modifications will be effective
immediately upon being posted on this Site. The most current version of these
Terms can be accessed through the "Terms" link in the "About" section of the
Site. You agree to review these Terms periodically, and your continued use of
the Site and Services after the posting of modifications constitutes your
affirmative agreement to abide and be bound by the Terms, as modified.
Changes to the Site.
Magnatune reserves the right to modify or
discontinue any of the Services and material displayed on or offered through the
Site, with or without notice to you, and is not obligated to support or update
the Site or Services.
Eligibility.
Use of the Site and Services is void
where prohibited. You shall comply with all applicable local, state, federal and
national laws, statutes, ordinances and regulations regarding the use of the
Site and Services. You represent and warrant that all registration information
you submit is truthful and accurate and that you agree to maintain the accuracy
of such information. You must be at least 18 years of age and have Internet
access, a valid e-mail address, and a valid shipping address to register for the
Site and Services. Full use of the Site and Services may require you to provide
a valid credit card. While individuals between the ages of 13 and 18 may utilize
the Site and Services, they may do so only with the involvement of a parent or
legal guardian. If you are 13 or older but under the age of 18, you should
review these Terms with your parent or guardian to make sure that you and your
parent or guardian understand these Terms.
Registration and Account Rules.
To register, you must provide your name, e-mail address and payment details.
You shall permit Magnatune to store and use this personal data provided by you
for purposes of maintaining your account. In addition, you agree to comply with the following terms:
You shall maintain your account with up-to-date information;
You shall be responsible for maintaining the confidentiality and security of
your account;
You shall immediately report any unauthorized use of your account to Magnatune,
as well as any other breach of security;
You shall not share your password with any other person outside of your family household; and
You shall not assign, sell or transfer your account to any other person.
Fees and Charges.
Magnatune provides both a free version of the Service, as well as additional features and benefits to
paid members. The cost to join as a paid member depend on a number of factors, such as which services
are being purchased, your country, the currency you are paying in, and are also liable to change
from time to time. Our current fee schedule is published on the Site.
Cancellation.
Magnatune reserves the right to terminate or suspend your access to the Services
or Site, with or without cause, at any time and effective immediately. Reasons
Magnatune may terminate or suspend your account shall include, but are not
limited to, the violation of any of these Terms.
You may cancel your Magnatune account at anytime, and cancellation will be
effective immediately. You acknowledge, however, that cancellation will result
in your forfeiture of any access to the Services.
To cancel your account, you can contact us by using the "Contact us" link in the "About"
section of the Site.
Privacy Policy.
Magnatune's personal information practices on the Site and Services are
governed by Magnatune's Privacy Policy.
Cookies.
Magnatune may place a cookie or other small text file on any computer from which
you access the Site or Services and you consent to that placement.
Consent to Receive E-mail.
By using the Site and Services, you consent to receiving e-mail from Magnatune.
These e-mailings will include, but are not limited to, notices about your
account (for example, shipping and receiving e-mails) and information concerning
or related to the Site or Services, such as recommendations or notifications of
posted blurbs. These e-mailings are part of your relationship with Magnatune.
Use of Information Submitted.
You acknowledge and agree that any ratings, reviews, comments, feedback,
suggestions, pictures and other materials (collectively, the "Content") you
contribute to the Site shall become Magnatune's property and you hereby assign
all rights, title and interests in and to such contributions to Magnatune.
Magnatune is hereby granted a non-exclusive, worldwide, royalty-free,
transferable right to fully exploit such Content (including all related
intellectual property rights). Magnatune does not regularly review the content
posted on the Site; however, Magnatune reserves the right to remove or edit any
Content from the Site at any time without notice.
Your Conduct.
You warrant, represent and agree that you will not contribute any Content that
infringes or violates the rights of any other party or violates any laws,
contributes to or encourages infringing or otherwise unlawful conduct, or is
obscene or in poor taste. You agree that use of the Site and Services is subject
to all applicable national, federal, state, and local laws and regulations, and
that you are solely responsible for the contents of your communications through
the Site and Services.
Objectionable Material.
You understand that by using the Services you may encounter content that may be
deemed objectionable, obscene or in poor taste, which content may or may not be
identified as having explicit language. You agree to use the Services at your
own risk and that Magnatune shall have no liability to you for content that you
may find objectionable, obscene or in poor taste.
Intellectual Property.
You agree that the Site and Services, including but not limited to graphics,
audio clips, and editorial content, contain proprietary information and material
that is owned by Magnatune and/or its licensors, and is protected by applicable
intellectual property and other laws, including but not limited to copyright,
and that you will not use such proprietary information or materials in any way
whatsoever except for use of the Site and Services in compliance with these
Terms. No portion of the Site or Services may be reproduced in any form or by
any means, unless previous written permission is obtained, except where said
content is explicitly marked with a license authorizing it, such as a Creative
Commons license. You agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Site or Services in any unauthorized way whatsoever, except as explicitly
permitted by a license authorizing it, such as on the API section of the Service,
or as permitted by a Creative Commons license that has been explicitly assigned
to the specific contents.
The trademarks, logos and service marks (collectively, the "trademarks")
displayed on the Site or Services, unless otherwise specified, are the
registered and unregistered trademarks of Magnatune or their respective owners.
Nothing contained on the Site or Services shall be construed as granting, by
implication or otherwise, any license or right to use any trademark displayed on
the Site or Services without the express written permission of the trademark
owner.
Claims of Copyright Infringement.
Magnatune respects the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information:
An electronic 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 number, 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.
Magnatune's Copyright Agent for notice of claims of copyright infringement can
be reached as follows: Copyright Agent, Magnatune, 454 Las Gallinas Ave #142, San Rafael, CA 94903.
Software Available on the Site
All software that is made available on the Site is the copyrighted work of
Magnatune and/or its suppliers and is licensed, not sold. Your use of any such
software is governed by the terms of the license agreement, if any, which
accompanies or is included with the software. You may not install or use any
software that is accompanied by or includes a license agreement unless you first
agree to the terms of the license agreement. For any software not accompanied by
a license agreement, Magnatune hereby grants you a non-exclusive, revocable,
personal, non-transferable license to use the software solely in connection with
the Site and Services in accordance with these Terms.
You will not disassemble, decompile or reverse engineer the software. You
acknowledge that the software and any accompanying documentation is subject to
applicable export laws and regulations of the United States. You agree not to
export or re-export the software, directly or indirectly, to any countries that
are subject to United States export restrictions.
Your license to use the software terminates upon the termination of your access
to the Site or Services. Your license to the software may also terminate if
Magnatune, in its sole discretion, modifies the Site or Services to no longer
support the software.
Disclaimers of Warranties.
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR
CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS.
MAGNATUNE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO
THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS
ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY,
AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR
RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS,
PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, MAGNATUNE DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitations on Liability.
IN NO EVENT SHALL MAGNATUNE, ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER,
AGENT, CONTRACTOR OR EMPLOYEE OF MAGNATUNE BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE
TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING
OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION,
QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS,
TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS
SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR
NOT MAGNATUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS
PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU
ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR
INDIRECTLY FROM YOUR USE OF THIS SITE.
User Disputes.
You are solely responsible for your interactions with other Magnatune users.
Magnatune reserves the right, but has no obligation, to monitor disputes between
you and other users.
Electronic Signature and Contracts.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE OR SERVICES CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
YOUR USE OF THE SITE OR SERVICES APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS
AND APPLICATIONS.
Governing Law.
The laws of the State of California, excluding its conflicts of law rules,
govern these Terms and your use of the Site and Services. Your use of the Site
and Services may also be subject to other local, state or federal laws. You
expressly agree that exclusive jurisdiction for any claim or dispute with
Magnatune relating in any way to your use of the Site or Services resides in the
courts of the State of California.
Notices.
Magnatune may send you notice with respect to the Site or Services by sending an
e-mail message to the e-mail address listed in your account information, by
sending a letter via postal mail to the shipping address listed in your account
information, or by a posting on the Site. Notices shall become effective
immediately when posted to the Site and upon delivery when sent by e-mail or
postal mail.
Miscellaneous.
These Terms constitute the entire agreement between you and Magnatune and govern
your use of the Site and Services, superseding any prior agreements between you
and Magnatune. You may also be subject to additional terms and conditions that
may apply when you use third-party content or third party-software. If any part
of these Terms 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. Magnatune's failure to enforce any right or provision
in these Terms will not constitute a waiver of such provision, or any other
provision of these Terms. If any provision of these Terms is found by a court of
competent jurisdiction to be invalid, the other provisions will remain in full
force and effect. Magnatune will not be responsible for failures to fulfill any
obligations due to causes beyond its control. No agency, partnership, joint
venture or employment is created as a result of these Terms. All provisions of
these Terms which by their nature should survive termination will survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, and limitations of liability.
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