PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE A CONTRACT THAT WILL GOVERN YOUR RIGHTS IF YOU MAKE ANY USE OF THIS WEBSITE OR ANY SERVICES PROVIDED IN CONNECTION WITH IT. THESE TERMS AND CONDITIONS ("TERMS") APPLY TO THE USE OF THE MUSICTOGO, LLC ("M2G," "WE," "US," OR "OUR") WEBSITES LINKED TO THESE TERMS, TO WEB APPLETS DEVELOPED BY US THAT ARE USED WITH SUCH SERVICES (COLLECTIVELY, THE "SITE") AND TO THE PURCHASE AND USE OF THE M2G SERVICE AND/OR DIGITAL DOWNLOADS (AS DEFINED BELOW) AND OTHER PRODUCTS SOLD BY M2G. THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU ("END USER," "YOU" AND "YOUR") AND M2G. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE SITE AS WELL AS LICENSING OF DIGITAL MUSIC DOWNLOADS ("DIGITAL DOWNLOADS") AND OTHER PURCHASES THAT YOU MAY MAKE ON THE SITE. BY USING OUR SITE (INCLUDING BY PURCHASING ANY PRODUCTS USING OUR WEB SITE OR SERVICE), OR BY REGISTERING FOR USE OF ANY OF OUR SERVICES OR OTHERWISE USING THEM, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS, DO NOT USE THE SITE OR DOWNLOAD OR USE ANY PRODUCTS OR SERVICES, AND EXIT NOW.
The Site is the property of MusicToGo, LLC. before you make any purchases, you have the option to establish a customer account ("My Account") M2G reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms, which shall apply until we post modified Terms and then in accordance with such modified Terms. As long as you comply with these Terms and any such modifications, M2G grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned, controlled or licensed by or to M2G, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without M2G's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and M2G reserves all rights not expressly granted hereunder. M2G expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
"M2G" and "MusicToGo" are registered trademarks, trademarks or service marks of M2G. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of M2G. All other trademarks or service marks are property of their respective owners. The use of any M2G trademark or service mark without M2G's express written consent is strictly prohibited. The station call letters and logo as well as all other station artwork and material are registered trademarks, trademarks or service marks of the station or are used under license by the station.
2. Registration; Customer Accounts. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify M2G immediately of any unauthorized use of your account or password, or any other breach of security. Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through our web site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting. You may be held liable for losses incurred by M2G or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link.
3. Use of Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You agree that you will not use any device, software or routine to interfere with or attempt to interfere with the proper working of the site or any activity being conducted on the site. You agree that you will not attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the site or the service. You agree that you will not to delete or alter any material posted by any other person or entity. You agree that you will not frame or link any of the materials or information available from the site or the service.
You agree that you will not use any automatic device, program, algorithm or methodology, or any other manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You agree that you will not attempt to gain unauthorized access to any portion or feature of the Site or Content, or any other systems or networks connected to the Site or to any M2G server, or to any of the services offered on or through the Site, by any illegitimate means.
You agree that you will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree that you will not reverse look-up, trace or seek to trace any information of any other user of or visitor to the Site, or of any other customer of M2G, or exploit the Site or any service or information made available or offered by or through the Site, in any way to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Site.
You also agree that M2G may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that M2G will not be liable to you or to any third party for termination of your access to the Site under any circumstances, including those discussed herein.
4. Information on Web Site. Information and materials posted by us are provided for general reference only and, where permitted by law, are not warranted to be free from errors, other deficiencies or potential interruptions. In addition, the site may be used by others to post information and materials, including changes or additions. We give no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication that they have been validated by M2G or represent the views of M2G. M2G does not monitor all submissions to the site, but reserves the right to do so and to remove or edit anything that is in violation of these Terms or other policies of M2G.
5. Links to Other Sites and to the M2G Site. Our Site may contain links to independent third-party Web sites ("Third Party Sites"). These links are provided solely for your convenience. Such Third Party Sites are not under M2G's control, and M2G is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You must make your own independent judgment regarding your interaction with these Third Party Sites.
You agree that M2G may disclose any information in our possession about you (such as your identity) if we determine that disclosure is necessary with respect to any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against you or someone else who may be causing injury to or interference with (either intentionally or unintentionally) M2G's rights or property, or the rights or property of visitors to or users of the Site. M2G reserves the right to disclose any information that M2G deems necessary to comply with or that M2G deems to be permitted by any law, regulation, legal process or governmental request, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that M2G may preserve a copy of any communication between you and M2G, and may also disclose such communications if required to do so by law or if M2G determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such communications violate the rights of others, or (4) protect the rights, property or personal safety of M2G, its employees, users of or visitors to the Site, and the public.
While M2G takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL M2G OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER M2G WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
7. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for M2G to contact you at your e-mail address. If you choose to receive marketing emails, and then wish to stop receiving marketing e-mails follow the opt-out procedures set forth in such marketing emails.
Usage Rules. All downloaded music, images, video, artwork, text, software and other copyrightable materials ("Digital Downloads") are sublicensed to End Users and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "M2G' on the Site or these Terms. Your Digital Download sublicense is nonexclusive, nontransferable, nonsublicensable, limited and for use only within the United States.
Standard Usage Rules. You may download music to a single registered personal computer ("Primary Computer"). You may then transfer music files and backup license files to up to two (2) additional personal computers ("Secondary Computers") (but without rights to further transfer or copy from those Secondary Computers). You may play music an unlimited number of times on your Primary Computer and your Secondary Computers. You shall be entitled to (A) burn (only from your Primary Computer) Digital Downloads to CD-R or CD-RW as uncompressed CD audio only (i.e., compressed files may not be burned to CD-R) ten (10) times for your personal, non-commercial use only, to make permanent copies in an uncompressed form conforming to the industry "Red Book" technical specifications to either "write once" blank recordable CD-R compact discs conforming to the industry standard "Orange Book Part II" technical specifications and/or blank "re-writable" CD-RW compact discs, and (B) export Digital Downloads (solely from the Primary Computer) an unlimited number of times to a Portable Device (as defined below). The foregoing are collectively referred to as the "Standard Usage Rules", and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the "Usage Rules". We reserve the right to limit the number of Digital Downloads that you may purchase from a particular label at one time. You may not transfer or distribute Digital Downloads except as stated in the Usage Rules and as limited according to the individual Work's Metadata Information (as defined below). Except as expressly stated as an authorized use under the Usage Rules, no other uses are permitted. WITHOUT LIMITING ANY PROVISION HEREIN, M2G MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER WILL BE COMPATIBLE WITH ANY DIGITAL DOWNLOAD OR THAT ANY COMPACT DISC BURNED WILL FUNCTION IN ALL COMPACT DISC PLAYERS.
Different Licensors May Require More Restricted Usage Rules. Unfortunately, certain labels and licensors of digital downloads may require stricter usage rules than the Standard Usage Rules. When this happens, we will post information on the Site stating changes to permitted uses, if any, of the Digital Downloads pertaining to a particular music song, partial album or album ("the Works"): (i) the number of allowable transfers from your Primary Computer to your Secondary Computers (but without rights to further transfer or copy from those Secondary Computers), (ii) the number of transfers only from the Primary Computer to Portable Devices (as defined below), (iii) the number of Compact Discs that may be "burned" only from the Primary Computer (collectively, "Metadata Information"). End User may only download, transfer, copy and use the Digital Downloads as stated in the particular song, partial album or album's Metadata Information, which is hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved.
You may only download, transfer, copy and use the Digital Downloads as stated in the particular Usage Rules for that Digital Download, which Usage Rules are hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved. As a condition of purchasing each Digital Download, you represent to M2G that you understand and agree to the limited uses associated with a particular Digital Download's Usage Rules.
Approved Electronic Devices For Digital Downloads. The Digital Music Downloads are sublicensed for play only upon approved electronic devices. "Approved Electronic Devices" are subject to the Usage Rules above and include the following: (i) the Primary Computer and Secondary Computer registered with this Site, and (ii) lightweight devices that receive and store digital music files, and play them back in analog form, but which are incapable of further transferring Digital Downloads ("Portable Devices"). Portable Devices must support the Windows Media Audio ("WMA") format and meet "Class 1000" standards. WMAs are not compatible with any Macintosh Operating Systems.
Prohibited Uses of Digital Downloads. You may not decipher, reverse engineer, decompile, dissassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content (e.g, to provide sound for a film). You may not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You further agree to indemnify and hold harmless M2G for your failure to comply with this section.
Conditions to Sublicensing of Digital Downloads to You. Digital Rights Management ("DRM") software will be downloaded onto your Approved Electronic Devices along with your Digital Download music files, and will limit your uses as specified in the Usage Rules. You must first install, and limit any approved uses of the Digital Music Download, using only, Microsoft Corporation's Windows Media Player 9 Series, or higher version or a Media Player that is compatible with secure WMA files. M2G reserves the right to change at any time, without prior notice to you, the software required to download, transfer, copy and use or limit use of any of the Digital Downloads. The speed at which a Digital Download can be transferred to your registered personal computer depends in large part upon the bandwidth of the connection provided to you by your Internet Service Provider. You are responsible for all charges associated with use of your Internet Service. Any estimate of the time required to download music Digital Downloads depends upon your connection bandwidth. M2G DOES NOT WARRANT THAT ANY MECHANISM IN THE DRM THAT ALLOWS TRANSFER OF LICENSES TO OTHER COMPUTERS OR DEVICES WILL CONTINUE TO BE AVAILABLE. YOU RECOGNIZE AND ACKNOWLEDGE THIS LIMITATION AND REPRESENT THAT YOU UNDERSTAND THAT IT MEANS THAT THE MUSIC FILES MAY NOT BE TRANSFERABLE TO NEW COMPUTERS AND/OR DEVICES IN THE FUTURE.
9. Conditions of Sale and Payment Terms. Each purchase of Digital Downloads by you will be considered to be a separate transaction and each delivery of a Digital Download will constitute a separate sale, whether such delivery is in whole or partial fulfillment of an order. In some cases, we offer to sublicense "Partial Albums," which contain some but not all of the songs offered for a sale on a Compact Disc in an offline record store.
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
10. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, or American Express. We currently do not accept cash, checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT M2G, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify M2G of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If M2G does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by M2G or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. M2G shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Massachusetts and any other states or localities that it deems is required. Obligation to pay for Products or Digital Download orders previously accepted by M2G will survive your termination of the Terms.
11. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. M2G reserves the right at any time after receipt of your order to accept or decline your order for any reason. M2G further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by M2G upon our delivery of products or services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. M2G is a reseller to End Users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
12. No Responsibility To Sell Mispriced Products Or Services. M2G shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. M2G shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, M2G shall immediately issue a credit to your credit card account in the amount of the charge.
13. Modifications to Prices or Billing Terms. M2G RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
14. Price Comparisons, "List Price" and "You Save". Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the Internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other Internet or local retailers prior to making a purchase.
15. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
16. Indemnification. You agree to indemnify and hold harmless M2G and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Terms, or your violation of any law, regulation or third-party right.
17. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF M2G'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, M2G EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE M2G SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
18. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL M2G OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE Terms OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE M2G SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE M2G SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF M2G HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THESE Terms OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT M2G SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO M2G BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF M2G. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE Terms) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
19. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), M2G will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the M2G and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement or otherwise in compliance with law, M2G will terminate the infringing customer's account. M2G may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. Section 512(c), M2G has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. M2G respects the intellectual property of others and we ask you to do the same. If you believe that your copyright has been infringed through the M2G.com website, please contact "Legal Department", via facsimile at (212) 343-3645 or mail at Attn: Legal Department, 73 Spring Street, Suite 601, New York, NY 10012
Any written notice describing the infringing activity must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site;
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
20. General. You agree that you will not use, export or re-export any Content, copy or adaptation of such Content, or any product or service offered on the Site, in violation of any laws or regulations, including without limitation United States export laws and regulations. No delay or failure to take action under these Terms shall constitute any waiver by M2G of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of M2G's permitted successors and assigns. Any claim under these Terms must be brought within one (1) year after the cause of action arises. These Terms shall be governed by the laws of the State of New York without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in New York, New York. These Terms is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. M2G may freely assign these Terms without consent or notice. These Terms (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between M2G and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last modified: August 7, 2008
Terms of Service and Purchase -- Copyright © 2017 MusicToGo, LLC All Rights Reserved