SonicTap Terms of Sale

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DMX, INC. ("DMX") STATING THE TERMS THAT GOVERN YOUR USE OF THE SonicTap STORE SERVICE. 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. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND DMX MAY REFUSE ACCESS TO THE SonicTap STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

U.S. SALES ONLY

Purchases from the SonicTap Store are available only in the United States and are not available in any other location. You agree not to use or attempt to use the SonicTap Store from outside of the available territory. DMX may use technologies to verify such compliance.

SALES TO END USERS ONLY

The SonicTap Store sells products ("Products") to end user customers only.

REFUND POLICY

All Sales are final.

PAYMENT METHODS

The SonicTap Store accepts credit cards, payment through your PayPal account, SonicTap Cards and Gift Certificates as forms of payment. If a credit card company, or your PayPal account, is being used for a transaction, DMX may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or shortly thereafter. If the balance from a SonicTap Card or Gift Certificate is used for a SonicTap Store transaction, the amount is deducted from your SonicTap Card at the time of purchase. If the total amount of the transaction is greater than the balance available in your SonicTap Card or Gift Certificate, your credit card, or PayPal account, will be charged for the balance.

The SonicTap Store accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

PLEASE NOTE

We are unable to accept credit cards issued by banks outside of the United States or prepaid gift cards issued by credit card companies. Debit cards and check cards have daily spending limits that may prevent the processing of your order.

If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.

BILLING

Depending on the size of your order, multiple transactions may appear as a single billing on your account with additional detail available from SonicTap or its vendor on the purchase components that make up the billings on your credit card statement.

Transactions may be made both with and without a monthly subscription, however certain features associated with the site, including free content and manipulation of content already in your music library into playlist formats can only occur if you are a monthly subscriber.

Any monthly subscription fees will always be billed as a separate line item on your credit card statement and bill for the prospective month. A monthly subscription can be cancelled at any time to avoid any future payments, however, monthly subscription fees already billed will not be credited or pro-rated for the month of subscription.

SALES TAX

SonicTap Store transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the SonicTap Store.

PRE-ORDERS

By pre-ordering Products, you are authorizing the SonicTap Store to automatically charge your account and download the product when it becomes available.

GIFT CERTIFICATE PURCHASES and SONICTAP CARDS

Gift Certificates and SonicTap Cards may be redeemed for SonicTap Store transactions only and are non-refundable. Sales tax will not be charged when the Gift Certificate is purchased. Sales tax is charged when the Gift Certificate is redeemed for a SonicTap Store transaction. The tax rate on the transaction is based on the address of the redeemer (see Tax section for more information).

PRICES

The SonicTap Store endeavors to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). DMX reserves the right to change prices for Products offered at the SonicTap Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

CONTENT AVAILABILITY

The SonicTap Store makes every effort to provide a broad content offering. For this reason, DMX reserves the right to change content options without notice.

FOR ASSISTANCE WITH ORDERS - SonicTap STORE CUSTOMER SERVICE

For assistance with billing questions or other order inquiries, please contact stcs@sonictap.com. Responses to billing and other questions will be provided as soon as possible.

CONTENT USAGE RULES

Your use of any Products purchased from the SonicTap Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.

OTHER TERMS AND CONDITIONS

DMX is not responsible for typographic errors.

DMX reserves the right to change the terms and conditions of sale at the SonicTap Store at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

All transactions on the SonicTap Store are governed by Texas law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Texas upon electronic transmission to the recipient. No DMX employee or agent has the authority to vary any of the SonicTap Store's policies or the terms and conditions governing any sale.