This is a legal agreement between you and music store Mp3million.com located at www.mp3million.com and/or its affiliates (hereinafter referred to as the "Site"), which is property of Mp3million LTD, providing music for digital downloading (hereinafter referred as the "Service") stating the terms that govern your use of the Mp3million music store. You must accept and abide by the terms as presented to you, and the Mp3million LTD reserves the right to change, add, or remove portions of this agreement at anytime. It is your responsibility to check the Agreement each time before using the website, and your continued use of the website will indicate your acceptance of any changes.
BY USING THE SITE YOU CONFIRM YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
1. Description of Service.
All materials provided on Site are only for your personal, noncommercial use. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the sites on which the Service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the Tracks or Materials accessible through the Service. The Service is not part of any other offering or product, and as such, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the service. You may have to install software, which necessary to use all opportunities in full scale delivered by Site, but not ordered on it.
2. Registration Data & Accounts.
To use the Service you must register and provide certain information (e.g. a member (user) name, password and valid email address) to Site ("Registration Data") for the purposes of creating an Account, called "my Account." You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. You allowed to create only one account for your personal use only. Multiple accounts creating is prohibited and would be punished by Site administration.
3. Security of Account.
You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Site immediately of any unauthorized use of your password and/or account. Site shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or account, and you agree to hold harmless and to indemnify Site, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. 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, Site administration will terminate your Account.
4. Consent to our communication with You by E-Mail.
By establishing a Site Account, and each time you make a purchase through our Site, you grant permission for Site to contact you at your e-mail address.
5. Objectionable Material.
When using the service, you understand that you might encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Service at your own risk and Site shall have no liability to you for content that may be found objectionable, indecent, or offensive.
USE OF SERVICE, CONTENT, SOFTWARE, TRACKS, AND MATERIALS All rights not expressly granted to you in this Agreement are reserved to Site and/or is licensors.
All music, downloaded or samples, and all software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other elements of the Site (collectively Content), including but not limited to the layout, election, organization, and coordination of such Content on the website is the property of or is licensed to Site, and is protected by trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Site, and except as provided in this Agreement, no Content may be transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.
7. Content Usage Rules.
SITE RESERVES THE RIGHT TO ENFORCE THE CONTENT USE RULES WITH OR WITHOUT NOTICE TO YOU. Your access to and/or use of any Track(s) will be limited by the rules assigned to the Track(s) by Site ("Content Usage Rules") and described in this section. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Service or any of the Usage Rules.
Samples are offered at no cost to you, and you may play as many Samples as you like. You may not attempt, or support others' attempts, to download, copy, or capture a Sample.
A "Download" is a Purchased Track or other Purchased Digital Material that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, (3) burn to a CD/DVD. Site shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in Tracks or Material or any works embodied in them.
You shall be authorized to use the Downloads only for noncommercial, personal use.
8. Prohibited Uses of Digital Downloads.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads. You may not play and then redigitize any Downloads. You may not create any "derivative works" by altering any of the Content. You may not use the Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is prohibited.
9. Loss of Rights by Site.
Site may at any time lose the right to make certain Tracks and/or Materials available. In such an event, you will no longer be able to access these Tracks/Materials from Site's Library function or obtain them from the Site's catalog.
Charges / Billing
10. Agreement to Pay.
You agree to pay for Service provided by Site. You agree with prepaid payment system used on Site. You are responsible for any charges on your account that are incurred by any person through your account, and you are solely responsible for keeping your account secure and confidential.
11. Sales to End Users Only.
Site sells products to end user customers only, and not to music dealers, exporters, wholesalers, or any other businesses with an intent to resell.
12. Site's Right of Refusal.
Site reserves the right to refuse Service or sale of Products for any reason, to any End User.
13. Right to Change Prices and Product Availability.
Prices and Availability of Products (e.g., Tracks and Materials) offered through the Service are subject to change at any time. Site does not provide price protection or refunds in the event of a price drop or promotional offering.
If you are dissatisfied with the quality of our services, you may request a refund, which will be considered by administration of Site. For this purpose you should direct the application to the email address: firstname.lastname@example.org with detailed explanation of the reason why refund should be made to you. Refunds can be initiated for the following reasons: double and/or accidental deposit; corrupt content on our web site; unauthorized payments.
After the refund your account will be blocked and in the future you will not be able to register on Mp3million.com web site and use our services ever again.
NOTE: The Site will not issue a refund if you made a deposit more than 45 days ago and only purchased 1 song/album.
ll taxes included in price of song/album. We have not any extra fees. You pay for purchased music ONLY.
16. Methods of Payment and Credit Card Terms.
Site currently accepts Visa, Master Card credit cards. Site does not accept cash, money orders, or checks. Site reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Site, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Products or Digital Download orders previously accepted by Site will survive your termination of the Terms and Conditions of Usage.
Other Features, and Terms & Conditions
You may not use the Service (or any part of it, including but not limited to Public Areas) to upload, post, 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) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) 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 system; or (iv) 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 the origin of a message or content.
18. Site's Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Site 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 Site's use of such content exploits any proprietary rights you may have in such material, you agree that Site has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify Site, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. 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.
All copyrights in and to the Service, including but not limited to, the Site music store (Including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) are the property of their respective owners. The use of any part of the service, except for use of the service as permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement.
The availability over the Internet of the Mp3million.com materials is authorized by the license # 67/17M-10 of the Rightholders Federation for Collective Copyright Management of Works Used Interactively (NP "FAIR") issued for Mp3million LTD. All these materials are solely for personal use. Any further distribution, resale or broadcasting is prohibited.
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 Site and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
22. Violation of Intellectual Property Rights.
If Site receives a notice alleging that you have engaged in behavior that infringes Site's or other's intellectual property rights or reasonably suspects the same, Site may suspend or terminate your account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
23. Enforcement of These Terms.
Site reserves the right to enlist and take measures that Site believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to Site'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 Site has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Site believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Site'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).
By using this Service you agree to indemnify and hold harmless Site and its agents, employees, directors, contractors, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Tracks, the Materials, and Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
A. If you fail, or Site suspects that you have failed, to comply with any of the provision of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Site with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, Site, 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).
B. Site may, at its discretion, modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Site will not be liable to you or to any third party should it exercise such rights.
A. Site 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 Site may remove the Service for indefinite periods of time, or cancel the service at any time, with or without notice to you.
B. Site makes no warranty that any particular CD burner or portable device will be compatible with the Service or any Content offered on the Site Service.
C. Under no circumstance shall any Site entity be liable for any unauthorized use of the Service or its Content.
D. Under no circumstances shall any Site 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, Service, or Content, even if the Site entity has been advised of the possibility of such damages.
E. This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Mp3million's control, and Mp3million is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
MP3MILLION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MP3MILLION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MP3MILLION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MP3MILLION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MP3MILLION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Mp3million reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
27. Gift cards.
Site offers the possibility to purchase gift cards with the prepaid amount for everyone who uses its service. Every registered client can purchase a gift card for making the gift to his friend. Sender's account is debited only for the card amount plus appropriate bonus from the current balance at Mp3million.com. The gift card is sending to the recipient by the email and contains special code which should be redeemed at the website to credit the balance. To use this card the recipient must have his own registered account at Mp3million.com. Please note that gift cards are non-refundable.
Protecting your privacy is the most important part of our job. Site collects personal information from you in purpose of better realize and more effectively solve all your (as a customer) requests and make our services better. NOTE: if you do not agree at least with one of any statement posted here, you have not right to register and use Site.
What Information We Collect
Site has several features that automatically collect information from users of our service (i.e. cookies, action tags, and other data collection methods), and place where customer fills his personal data by himself (first and last name, age, gender, country etc.) - customer account area.
Why We Collect Personal Information
In addition to providing you with a more personalized online experience and facilitating your downloads, Site uses your personal information to present a wider range of products and services with convenient access to you. As well, Site uses your personal information to keep in touch with you and provide updates about new products, promotions, offers, contests, and any other information.
Site believes might better serve you. From time to time, Site may use your personal information to contact you to request your participation in a market research survey.
Maintaining your right to privacy is important to Site. Site will not sell your personal information to commercial entities, advertisers, etc. Site is not in the business of exploiting its Users.
The User has the right to delete and/or modify his personal information on our web site.
How We Protect Your Personal Information
Your personal information is safeguarded through the use of Site's managerial procedures, as well as physical and electronic procedures to protect security.