Welcome to AustinMusicDownload.com. These Terms of Service are a legal agreement ("the Agreement") between you and AustinMusicDownload.com ("AMD") stating the terms that govern your use of AustinMusicDownload.com ‘s services (the "Service").
Please read the entire Agreement carefully, and if you agree to be bound by it click "I AGREE" at the bottom of the page.
You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.
1. Terms of Use and Privacy Policy
Your use of the Service and purchases made through it are subject to the provisions of this Agreement.
Except as otherwise expressly provided for in this Agreement, the Service is subject to AMD Privacy Policy, which is incorporated into and made a part of this Agreement. AMD will not willingly or knowingly make your personal information available without your permission or consent. Although EMA uses commercially reasonable efforts to protect the security of your information, AMD cannot guarantee that any information sent via the Internet will not be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2. Your Information
You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. AMD may terminate your right to use any or all of the Service if any information you provide is or subsequently determined to be false, inaccurate or incomplete as determined by AMD at its sole discretion. You agree that AMD may store and use the Registration Data you provide for use in providing the Service, including but not limited to, maintaining and collecting your accounts and billing fees to your Paypal account. AMD ‘s use of your Registration Data is subject to the terms of our Privacy Policy.
3. User Account
Account and Password
As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify AMD of any unauthorized use of your Account or any other breach of security. AMD shall not be responsible for any losses arising out of unauthorized use of your Account.
4. Technical Requirements
Product and Service Requirements
You acknowledge that use of Products requires other hardware and software tools (e.g., for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, AMD shall be without liability to you in the event of its loss, destruction, or damage. Before using the Service you must first install a media player for the computer platform you use. AMD reserves the right to change at any time, with or without prior notice to you, the software required to download, transfer, copy and use or limit use of the Products.
5. Usage Rules
You are entitled to download, export, burn or copy Products solely for personal, non-commercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by AMD or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, non-sublicensable right to use the Products for personal use in accordance with the terms of this Agreement.
You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.
You may downloaded music to a single computer only. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times and 2) export Products solely to a portable device capable of playing MP3s an unlimited number of time. AMD is a reseller to you and does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell. WITHOUT LIMITING ANY PROVISION HEREIN, AMD MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
The delivery of a Product does not transfer to you any commercial or promotional use rights in the Product.
6. Order Acceptance Policy; Other Restrictions
All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement.
There may be certain orders that we do not accept and/or must cancel. AMD ‘s Order Acceptance Policy is as follows. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance service.
In addition, the following restrictions apply to your purchase:
Age Requirement for use of the Service
The Service is available only for individuals who are eighteen (18) years of age. AMD is relying on your representation that you are at least 18 years of age; AMD would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age.
Territory
Purchases from AustinMusicDownload.com 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 service from outside of the available territory. AMD may use technologies to verify your compliance. You agree to abide by United Sates and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
Use on up to three computers
You may download music to a single computer. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times total, and 2) export Products solely to a portable device capable of playing Windows Media™ Audio ("WMA") files such as a WMA-compliant MP3 player an unlimited number of times.
First play within 24 hours
You must play the Product for the first time within 24 hours of purchase. If there were tranmission errors discovered within 24, you may download the same track one additional time without a second charge. There is no refund for Products that are not played for the first time within 24 hours.
7. Agreement to Pay
Payment for Products
You agree to pay for all Products you purchase through the Service, and that AMD is authorized to bill your Paypal account for any Products 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. All fees will be billed to the Paypal account you designate during the registration process.
Electronic Signatures and Contracts
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service, including notices of cancellation, policies, contracts, and applications.
Payment Methods
AustinMusicDownload.com currently only accepts Paypal as a form of payment. For purposes of the Service, an order will be deemed "shipped" when the link for the Product download is presented to you .
Sales Tax
AustinMusicDownload.com purchases will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. We will only charge tax in states and localities where music downloads are taxable. No customers are eligible for tax exemptions for purchases made on AustinMusicDownload.com
Prices.
EMA reserves the right to change prices for Products offered at AustinMusicDownload.com at any time.
Customer Service
You can contact us via email at info@austinmusicdown.com
8. Delivery of Product
AustinMusicDownload.com makes every effort to provide a broad music offering. For this reason, EMA reserves the right to change music options without notice.
On occasion, technical and other problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by AMD.
9. Intellectual Property
Acknowledgement of Ownership
You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by AMD and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
10. Termination
AustinMusicDownload.com, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising a part of the Service. AMD will not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. AMD further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with or without notice, for any or no reason. In particular, if you fail, or AMD suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide us with a valid Paypal or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules, AMD, 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) preclude access to the Service (or any part thereof).
Survival
The provisions of Sections 7, 9, 10, 12, 13, 14, 15, 17 and 18 will survive termination of this Agreement.
11. General Compliance with Laws.
The Service is controlled and operated by AustinMusicDownload.com 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.
12. Enforcement of These Terms of Service
AMD reserves the right to take steps AMD believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to AMD’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that AMD has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as AMD believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to AMD’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
13. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the Service includes materials from third parties. In addition, AMD may provide links to certain third-party web sites. You acknowledge and agree that AMD is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. AMD 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. If you decide to link to any such third-party web sites, you do so entirely at your own risk.
14. Disclaimer of Warranties; Limitation of Liability
AMD 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 AMD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. AMD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND AustinMusicDownload.com DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE 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, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL AMD OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AMD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AMD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND AMD HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
AMD MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SERVICE.
15. Waiver and Indemnity
By using the Service, you agree to indemnify and hold AustinMusicDownload.com, 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 AMD 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. You cannot sue or recover any damages from AMD, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, 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 AMD’s conclusion that a violation of this Agreement has occurred.
16. Changes
AMD 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 the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
17. Governing Law; Remedies
The laws of the State of Texas, excluding its conflicts of law rules, govern these Terms 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 AMD or relating in any way to your use of the Service resides in the courts of the State of Texas.
You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to AMD and/or its affiliates or licensors for which money damages would be inadequate, and in such event AMD, 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. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that AMD, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
18. Miscellaneous
This Agreement, together with the Terms of Use and Privacy Policy for the AustinMusicDownload.com website, constitutes the entire agreement between you and AMD regarding the Service and governs your use of the Service, superseding any prior agreements between you and AMD relating to the Service. 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 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. AMD’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. AustinMusicDownload.com will not be responsible for failures to fulfill any obligations due to causes beyond its control. AMD obtains permission from record companies and other content owners to make their musical and other content available to you through the Service. You agree that the content owners that license their musical and other content to AMD for the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.
