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SONIC LEGENDS MUSIC STORE TERMS AND CONDITIONS
Effective October 24, 2009
This document (the "Agreement") is a legal contract between you and Sonic Legends ("Sonic Legends" or “we” or “us”) that governs your use of Sonic Legends’ website, the online music services, and the download sales service generally available at sonic-legends.com and other affiliated or partnered websites (collectively, the "Service").
MODIFICATIONS NOTICE
Sonic Legends may from time to time modify these terms and post a copy of the amended Agreement at http://sonic-legends.com/
AGE REQUIREMENT
You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur.
DESCRIPTION OF SERVICE
The Service allows you to listen to Samples (as defined below) and purchase and obtain downloads of digital sound recordings ("Soundscapes") and related digital content ("Materials").
To access certain elements of the Service, you may need to install certain third-party software in order to use the downloaded Sonic Legends Soundscapes and Materials. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to or use the Internet, and/or (b) to use any Soundscapes and Materials.
REGISTRATION
To use the Service, you will generally be required to register and provide certain information, including a member (user) name, a password and a valid email address ("Registration Data"). You may also be required to provide billing and/or additional information. You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate.
You agree that you will not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Sonic Legends immediately of any unauthorized use of your password and/or account. Sonic Legends shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Sonic Legends, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
USE OF SERVICE, SOUNDSCAPES AND MATERIALS
Soundscapes and Materials. Upon your payment of our fee for each Soundscape download, we grant you a non-exclusive, non-transferable right to use the purchased Soundscapes or Materials for your personal, non-commercial, entertainment use, subject to and in accordance with this Agreement.
You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Soundscapes or Materials or other use restricted in this Agreement. You agree not to infringe the rights of the Soundscapes’ copyright owners and to comply with all applicable laws in your use of the Soundscapes or Materials. Except as set forth in the paragraph above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Soundscapes or Materials. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Soundscapes or Materials. You acknowledge that the Soundscapes and Materials embody the intellectual property of a third party and are protected by law.
You understand that your use of the Tracks and Materials is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any Soundscapes or Materials used or obtained by you to be reproduced, modified, displayed, publicly performed or displayed, broadcast, transferred, distributed or otherwise used by anyone else. You agree to advise Sonic Legends promptly of any such unauthorized use(s).
Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection, streaming or downloading of files.
You agree that we have no liability to you for content you find to be offensive, indecent or objectionable.
Usage Rules. Your access to and/or use of any Soundscape(s) may be limited by the rules assigned to the Soundscape(s) by Sonic Legends ("Usage Rules") and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Soundscapes. Sonic Legends reserves the rights to modify the Usage Rules at any time.
A "Sample" is a portion of a Soundscape or, in some cases, an entire Soundscape or promotional video that you can play (and, if applicable, view) via the Service on a promotional basis at no cost to you. You may play as many Samples as you like. You may not attempt (or support others' attempts) to capture, copy, download or transfer a Sample.
A "Soundscape" is a Soundscape download that you have purchased for permanent ownership. You may purchase Soundscapes for Permanent Download via the download sales store.
Soundscapes as digital downloads. Soundscapes are sold in the MP3 format, at the bit rate indicated to you within your purchase. Sonic Legends will not assign limits to the number of times Soundscapes purchased via sonic-legends.com can be copied, transferred or burned (though your own use will depend upon your own hardware and software limitations and you must abide by these terms and conditions and all applicable laws). Sonic Legends and/or its content licensors may include digital watermarks (embedded bits of information in addition to the sound file) in your Soundscapes that add sales information to each digital file such as (but not limited to) the fact that the file was purchased from Sonic Legends, the date and time of purchase, or information about the song (title, artist, etc.). Sonic Legends will not include any information personally connected to you in any such digital watermark or otherwise. You are only entitled to one copy of any purchased Soundscapes (see “All Sales Final” below”).
To transfer your Soundscapes to any compatible devices, follow the instructions provided by Sonic Legends in the applicable part of the “Help” section of our website. For transfer to an iPod® or iPhone®, you must use your Apple-provided iTunes® software to locate the files and effect the transfer. Sonic Legends does not guarantee that any Soundscapes will be supported by any compatible software or player, including iTunes® or the iPod® or iPhone®.
When purchasing Soundscapes from our website, you must download the purchased Soundscape to the computer where you wish to keep the file and you must use your Web browser’s functionality to specify where the downloaded files will be saved.
Promotional Code Redemption
If you have received a valid promotional code for Sonic Legends, you should follow the instructions that you received with such promotion to redeem that code. If you have properly inputted a valid promotional offer, your account will be credited for the applicable promotional offer. Promotional offers may include specific amount of Soundscape credits, credit in a specific Dollar amount that you may apply in your account toward Soundscape or other purchases and/or credit toward a particular tier of Subscription Service membership. Sonic Legends promotional offers are subject to any expiration dates that may be messaged with the offer and are not redeemable for cash (and any unused portion may not be returned for cash or any other value). If no expiration date is stated, Sonic Legends reserves the right to expire any promotional codes following one year from their distribution. In addition, for any promotional codes that are redeemable for a la carte Soundscape credits (or a cash value to be applied toward Soundscape credits), from the time that you redeem your promotional code, you will have up to one year to use the credit(s) that you have redeemed towards Soundscape purchases, after which the codes will expire.
Sonic Legends has the right to request alternative forms of payment and/or close customer accounts if a fraudulently obtained promotional offer or gift certificate is presented.
All Transactions Final; Downloading and Risk of Loss. All consumer transactions for Soundscapes, Materials and other digital services via the Service are final and we do not any accept any returns. Once you have received any Soundscape or Material we encourage you to download it promptly and to make back-up copies of it. In all cases, you bear all risk of loss for any products that you have downloaded, including any loss due to a computer or hard drive crash. Technical problems might delay or prevent delivery of purchased products to you. Your sole remedy with respect to Soundscapes and any Materials that are not successfully delivered will be either replacement or refund of the price paid for such content, at Sonic Legend's discretion. If you are unable to complete a download after having reviewed our online help resources, please contact Sonic Legend’s customer service.
No Further Transfer. Once you have transferred a Permanent Download to a compatible portable device or burned it to a CD, you agree not to copy, distribute, or transfer it from that device or CD to any other media or device. The burning or transfer capabilities provided for herein shall not operate to waive or limit any rights of the copyright owners in Soundscapes or Materials or any works embodied in them.
All rights not expressly granted to you in this Agreement are reserved to Sonic Legends and/or its licensors.
Customer Support. Please direct any questions concerning the the Service, billing and/or Usage Rules to a Sonic Legends customer service representative by visiting sonic-legends.com/contact and using the Email Us form.
Monitoring Public Areas. The Service may have features that allow you to exchange messages with other members (via "Public Areas"). Sonic Legends may, but is not obliged to, restrict your use of any Public Areas, monitor any activity or edit or remove content in Public Areas, or restrict access by other members to your messages. Sonic Legends takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other member posts to or views in a Public Area. You agree to indemnify and hold harmless Sonic Legends, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, from and against all claims resulting from content, messages, materials and the like that you post to any Public Area.
Restrictions. You may not use the Service, including any Public Areas, to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Sonic Legends may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If Sonic Legend's use of such content exploits any proprietary rights you may have in such material, you agree that Sonic Legends has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right do so. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.
CHARGES / BILLING
Agreement to Pay. You agree to pay for all Soundscapes and Materials and any other items or services that you may purchase through the Service and Sonic Legends may charge your billing payment method for any such payment(s). Sonic Legends may, in its discretion, post charges to your billing payment method individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the billing payment method you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the "Payment Information" section of the "My Account" area. If your credit card company or Paypal (or their intermediary service providers) updates your billing information for you by providing revised billing information to us for your existing account, we will use that information to continue to bill your existing account (for example, if you lost your credit card but maintained your Visa or MasterCard account with a new account number, Visa or MasterCard may automatically send us your new account number.)
Right to Change Prices. All prices for products within the Service are subject to change by Sonic Legends at any time.
Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. Sonic Legends reserves the right to change this policy at any time.
Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Sonic Legends shall not be responsible or liable to you for the products or services purchased.
YOUR USE OF SONIC LEGENDS WEBSITES AND WEB-BASED ELEMENTS OF THE SERVICE
You may not use any “deep-link”, “page-scrape”, “
You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Sonic Legends server, or to any of the services offered on or through any Sonic Legends websites, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of any Sonic Legends websites and/or the Service or any connected network, nor breach any of Sonic Legends’ security or authentication measures. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to any Sonic Legends website or the Services, or exploit the Service or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any third party information. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Sonic Legends’ websites, Service or other systems. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.
PRIVACY
Please refer to our privacy policy located here. [link: sonic-legends.com/privacy]
COPYRIGHT INFORMATION
General. As noted above, the Service, the Soundscapes, and the Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this Agreement, certain end-user license agreements, and applicable law.
Notices. Sonic Legends respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service, Soundscapes, and/or Materials constitutes copyright infringement, please send a notice to
PATENT AND TRADEMARK
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Sonic Legends
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If Sonic Legends receives a notice alleging that you have engaged in behavior that infringes Sonic Legend's or other's intellectual property rights or reasonably suspects the same, Sonic Legends may refuse service to you.
PROMOTIONS AND ADVERTISING
Sonic Legends and/or its business partners may present advertisements or promotional materials on or through the Service and on any Sonic Legends Websites. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Service or any Sonic Legends website are solely between you and such third-party.
LINKS TO THIRD-PARTY SITES
The Service and any Sonic Legends website may present links to third-party websites not owned or operated by Sonic Legends . Sonic Legends is not responsible for the availability of these sites or their contents.
REMEDIES
You agree that any unauthorized use of any Sonic Legends website, the Service, the Soundscapes, the Materials, or any related software or materials would result in irreparable injury to Sonic Legends and/or its affiliates or licensors for which money damages would be inadequate, and in such event Sonic Legends , its affiliates 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.
INDEMNITY
You agree to indemnify and hold harmless Sonic Legends and its 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) arising from or concerning your breach of this Agreement and your use of any Sonic Legends website, the Service, the Tracks, the Client or the Materials and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
TERMINATION
Sonic Legends may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or Sonic Legends reasonably suspects that you have breached) any provision of this Agreement. If Sonic Legends terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you.
You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Sonic Legends.
DISCLAIMERS
You understand and agree that your use of any Sonic Legends website, the Service, Soundscapes, Client, and the Materials is at your own sole risk. THE SONIC LEGENDS WEBSITE(S), SERVICE, TRACKS, MATERIALS AND THE CLIENT (THE "PRODUCTS") ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY SONIC LEGENDS OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "SONIC LEGENDS ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SONIC LEGENDS ENTITIES 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. THE SONIC LEGENDS ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY SONIC LEGENDS ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE SONIC LEGENDS ENTITIES.
SONIC LEGENDS MAKES NO WARRANTY THAT ANY PARTICULAR CD BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE CLIENT OR ANY DOWNLOAD FILE OR THAT ANY CD BURNED USING THE CLIENT WILL FUNCTION IN ALL CD PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE CLIENT.
UNDER NO CIRCUMSTANCES SHALL ANY SONIC LEGENDS ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY SONIC LEGENDS WEBSITE, THE SERVICE, TRACKS, MATERIALS AND/OR THE CLIENT.
UNDER NO CIRCUMSTANCES SHALL ANY SONIC LEGENDS ENTITY 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 PRODUCTS, EVEN IF THE SONIC LEGENDS ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ANY SONIC LEGENDS ENTITY BE LIABLE TO YOU FOR ANY DIRECT DAMAGES RELATING TO YOUR USE OF THE SONIC LEGENDS PRODUCTS AND SERVICES THAT EXCEED THE AMOUNT YOU HAVE PAID FOR SUCH PRODUCTS AND SERVICES. 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, THE SONIC LEGENDS ENTITIES 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.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with Sonic Legends with respect to your use of the Service. 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. The laws of the State of New York , excluding its conflicts of law rules, govern this Agreement and your use of the Service, the Tracks, the Materials and the Client. You expressly agree that the courts in the State of New York, New York County, have exclusive jurisdiction over any claim or dispute with Sonic Legends or relating in any way to your account or your use of any Sonic Legends website, the Service, the Tracks, the Materials and the Client. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in New York County in connection with any such dispute including any claim involving Sonic Legends.
INTEGRATION
In the event that any one or more of the provisions of this Agreement should for any reason be held invalid, illegal or unenforceable by any court or authority having jurisdiction over this Agreement or over the parties hereto, such provision or provisions shall be reformed to approximate as nearly as possible the intent of the parties in such jurisdiction; elsewhere, this Agreement shall not be affected.
NOTICE PROVISION
Any notice, request, approval, authorization, consent or other communication required or permitted by you to be given or made to Sonic Legends pursuant to this Agreement shall be in writing and shall be sent to:
Sonic Legends
49 windle Park, #1
Tarrytown, NY 10591
© 2009 Sonic Legends
