SonicTap Terms of Service
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DMX, Inc. ("DMX") STATING THE TERMS THAT GOVERN YOUR USE OF THE SONICTAP SITE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF DMX' RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND DMX. USE OF THE SITE CONSTITUTES AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND DMX MAY REFUSE TO ALLOW YOU TO USE THIS SITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the SonicTap Service. DMX is the provider of the SonicTap Service (the "Service") that permits you to purchase digital content, such as sound recordings, under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. Objectionable Material. You understand that by using the Service, you may encounter content that you may deem offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and DMX shall have no liability to you for content that you may deem offensive, indecent, or objectionable. Content titles or descriptors (including genres, sub-genres, lifestyle categories, sub-categories and the like) and other descriptions are provided for convenience, and you acknowledge and agree that DMX does not guarantee their accuracy.
4. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
5. Policies and Rules. Your use of the Service and transactions made through it are subject to DMX' Terms of Sale (see Terms of Sale), which can be found at [URL], and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement.
6. DMX’ Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to DMX’ Privacy Policy, which can be found at [URL] and which is expressly made a part of this Agreement.
7. Your Information. You agree to provide accurate, current, and complete information required to register for a subscription with the Service or at other points as may be required in the course of using and purchasing from the Service (“Your Information”). You further agree to maintain and update Your Information as required to keep it accurate, current, and complete. DMX may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that DMX may store and use Your Information (including credit card account information) for use in maintaining your accounts and billing fees to your credit card account.
8. User Account and Security.
a. Account and Password. As a registered user of the Service, you may establish an account ("Your Account"). You are solely responsible for maintaining the confidentiality and security of Your Account. You should not reveal Your Account information to anyone else or use anyone else's account. You are responsible for all activities that occur on or through Your Account, and you agree to immediately notify DMX of any unauthorized use of Your Account or any other breach of security. DMX shall not be responsible for any losses arising out of the use of Your Account.
b. Security. You understand that the Service and products transacted through the Service, such as sound recordings, (collectively, "Content"), may include digital rights management technology that limits your usage of Content to certain usage rules established by DMX and its licensors ("Rules"). You agree to comply with such Rules, as further outlined below, and you agree not to violate or attempt to violate any digital rights management technologies. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any digital rights management technologies associated with the Content. The Rules may be controlled and monitored by DMX for compliance purposes, and DMX reserves the right to enforce the Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by DMX for accessing the Service. You shall not access or attempt to access an account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of the Rules and system or network security may result in civil or criminal liability.
9. Purchase of DMX Content
a. Content Requirements. You acknowledge that use of Content may require the use of other hardware and software products (e.g., the ability to make copies of Content on physical media and render performance of Content on authorized digital player devices), and that such hardware and software is your responsibility. Content may only be downloaded once; after being downloaded, Content cannot be replaced without charge if lost for any reason. Once Content is purchased and transmitted to you by the Service, it is your responsibility not to lose, destroy, or damage the Content, and DMX shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Content. You acknowledge and agree to use Content in compliance with the applicable Rules.
Rules
(i) Your use of Content is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use Content only for personal, noncommercial use.
(iii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Content solely for personal, noncommercial use.
(iv) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Content.
(v) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any digital rights management technology that is part of the Service, the Content or used to administer the Rules.
(vi) The delivery of Content does not transfer to you any commercial or promotional use rights in the Content.
c. You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with these Rules, and that any other use of Content may constitute a copyright infringement. These Rules shall govern your rights with respect to Content, in addition to any other terms or rules that may have been independently established between you and another party. DMX reserves the right to modify these Rules at any time.
d. You acknowledge that some aspects of the Service, Content, and administering of these Rules entails the ongoing involvement of DMX. Accordingly, in the event that DMX changes any part of the Service or discontinues the Service, which DMX may do at its election, you acknowledge that you may no longer be able to use Content to the same extent as prior to such change or discontinuation, and that DMX shall have no liability to you in such case
e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or other unlawful conduct, or be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant DMX a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Content, without any compensation or obligation to you.
DMX reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
DMX has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that DMX in its sole discretion deems appropriate, including, without limitation, under Section 14 below.
10. Territory. The Service is available only in the United States. You agree not to use or attempt to use the Service from outside of the available territory, and that DMX may use technologies to verify your compliance.
11. Agreement to Pay.
a. Payment for Content. You agree to pay for all Content you purchase through the Service, and that DMX may charge your credit card for any Content purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with Your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DMX WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process or at any time thereafter. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your credit card information online at the User Account section of the Service. (There may be a temporary disruption of your access to the Service until DMX can verify the validity of the new credit card information.)
b. Right to Change Prices and Availability of Content. Prices and availability of any Content are subject to change at any time without notice.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
12. Delivery of Content.
a. Technical Problems. On occasion, technical problems may delay or prevent delivery of Content. Your exclusive and sole remedy with respect to Content that is not delivered within a reasonable period will be replacement of such Content.
13. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Content, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by DMX, its partners 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 Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of DMX Content or Other Materials. Notwithstanding any other provision of this Agreement, DMX and its licensors reserve the right to change, suspend, remove, or disable access to any Content or other materials comprising a part of the Service at any time without notice. In no event will DMX be liable for the removal of or disabling of access to any Content or materials under this Agreement. DMX may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by DMX, its partners and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS DMX AND/OR OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. In the event of a copyright dispute over content, the decision of the licensor shall prevail.
d. Trademarks. DMX, SonicTap, the SonicTap logo, and other DMX trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of DMX in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
e. Album Cover Art. As an user of the Service in good standing, DMX may provide you with limited access to download certain album cover art for music stored in your computer’s music library, subject to availability. Such access is provided as an accommodation only, and DMX does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that DMX is not in any way responsible for any such use by you.
14. Termination.
a. Termination by DMX. If you fail, or DMX suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make any payment due, failure to provide DMX with a valid credit card or with accurate and complete information, failure to safeguard Your Account information, violation of the Rules or any license to the software, or infringement or other violation of third parties' rights, DMX, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or Your Account, and you will remain liable for all amounts due under Your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. DMX reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and DMX will not be liable to you or to any third party should it exercise such rights.
15. General Compliance with Laws. The Service is controlled and operated by DMX from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
16. Enforcement of These Terms. DMX reserves the right to take reasonably necessary or appropriate steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to DMX' right to cooperate with any legal process relating to your use of the Service and/or Content, and/or a third party claim that your use of the Service and/or Content is unlawful and/or infringes such third party's rights). You agree that DMX has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, and/or a third party, as DMX believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
17. No Responsibility for Third-Party Materials or Web sites. Certain content and services available via the Service may include materials from third parties. In addition, DMX may provide links to certain third party Web sites. You acknowledge and agree that DMX is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. DMX does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that DMX is not in any way responsible for any such use by you.
18. Disclaimer of Warranties; Liability Limitations.
a. DMX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DMX MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY DMX) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL DMX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DMX' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. DMX SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND DMX HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. DMX DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DMX DISCLAIMS ANY LIABILITY RELATING THERETO. CONTENT CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, CONTENT CANNOT BE REPLACED WITHOUT COST IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT PURCHASED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM.
19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD DMX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY DMX AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DMX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DMX' CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
20. Changes. DMX reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following these updates will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
21. Notices. DMX may send you notice with respect to the Service by sending an email message to the email address listed in Your Account information, by sending a letter via postal mail to the contact address listed in Your Account information, or by a posting on the Service. Notices shall become effective immediately.
22. Governing Law. The laws of the State of Texas, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with DMX or relating in any way to your use of the Service resides in the courts of the city of Austin in the State of Texas.
23. Miscellaneous. These Terms of Service constitute the entire agreement between you and DMX and govern your use of the Service, superseding any prior agreements between you and DMX. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service 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. DMX' failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. DMX will not be responsible for failures to fulfill any obligations due to causes beyond its control.