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The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
SportMusic.com, a division of ABG WORLD LLC
PURCHASE AGREEMENT
IMPORTANT: PLEASE READ THIS PURCHASE AGREEMENT CAREFULLY. DOWNLOADING OR USING SPORTMUSIC.COM SUPPLIED MUSIC PRODUCTS AND/OR USING MUSIC2WIN SERVICES, OR ANY PORTION THEREOF, CONSTITUTES ACCEPANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE (SECTION 2 ); TRANSFERABILITY (SECTION 2); WARRANTY (SECTION 4) AND LIABILITY (SECTION 6 ). YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE, LIKE ANY OTHER WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY OTHER LEGAL ENTITY THAT OBTAINED THE MUSIC PRODUCTS AND SERVICES ON YOUR BEHALF. IF YOU DO NOT AGREE, PLEASE DO NOT PROCEED TO USE THIS SITE.
SportMusic.com, a division of ABG World LLC, 899 Vanderbilt Beach Road, Suite 116, Naples, FL 34108 (hereafter referred to as SMC) and its license providers, own all intellectual property and/or licensing rights in the Products and Services. SMC permits you to use the Products and Services only in accordance with the terms of this Agreement.
1. Definitions. “Product” means (a) all of the contents of files provided either by the electronic download and/or on physical media, such as disk(s), etc.; and (b) subsequent copies, updates, modifications, alterations and additions of the Product. “Service” means creative music editing, including but not limited to, sound enhancement, volume amplification, accents and time modifications.
“Purchaser” means an athlete and his/her agents, such as legal guardians, parents or coaches, for whose specific use in the sport field/activity, which customarily utilizes music during training, competition, public performance, etc. , the Product is purchased.
General Use. You may download and use the Product and/or Service. You may make copies of the downloaded files solely for the use permitted under this Agreement. Such use includes training, practice, rehearsal, competition, and public performance. The Product and/or Services acquired under this Agreement are non-transferable. You may not transfer or permit the use of the Product to anyone else, including, but not limited to other persons, mobile devices, handhelds, phones, web pads, game consoles, TVs, etc. All sales are final. There are no exchanges permitted.
No modification. You may not modify, adapt or create derivative works based upon the Product and/or Service.
2. Copyright Protection of Intellectual Property Ownership. The Product and/or Services are protected by law, including, without limitation the copyright laws of the United States and other territories, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights and all rights not expressly granted are reserved by SMC, its owners and providers.
3. Compliance with Copyright Ownership Information. In the event that you use the product for public competition and/or performance of any kind, you agree to provide to the venue (sports arena) the complete copyright ownership information supplied to you at the time of purchase. In the event that such information could not be provided by you to the venue at the time of such competition/performance, you agree to provide it within a reasonable time frame. Contact us at contact@sportmusic.com if you require assistance with such information.
4. Warranty Disclaimer. The Purchaser agrees that by downloading the Product, he/she will receive the high quality mp3 format file(s). SMC makes no warranties or representations, express or implied, as to the quality achieved by transfer of such files by the Purchaser to the CD in their own environment. Additionally, SMC makes no warranties, conditions, indemnities, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any other matters, including but not limited to non-infringement of third party rights, title, integration, accuracy, security, availability, satisfactory quality, merchantability or fitness for any particular purpose with respect to the Product and Service. SMC, its owners and providers, do not and cannot warrant the performance or results you may obtain by choosing the Product and/or Service.
5. Indemnity. You agree to hold SMC and its owners and providers harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs and attorneys fees) arising out of any use of, or reliance on the Product and/or Service purchased. This indemnity includes, without limitation, any obligation to pay royalties, issues concerning piracy, copyright infringement, trademark infringement, rights of publicity or privacy, or libel as a result of services performed or products provided under this Agreement.
6. Authority Representation. You represent that you are at least eighteen (18) years of age, or a parent or legal guardian of the intended Product or Service user under this Agreement and have the authority to sign and be bound by the terms and conditions set forth herein.
7. Limit of Liability. Under no circumstances will SMC, its owners or providers, be liable to you or any other person or entity, for any loss of use, revenue or profit, lost or damaged data, or other commercial, economic or personal loss, or for any direct, indirect, incidental, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use of Product and/or Service. This limitation will apply even in the event of a fundamental or material breach of any terms of this Agreement.
8. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Florida. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods.
9. General Provisions. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may be modified only by a written addendum signed by SMC authorized officer.
10. Territory. The territory of this Agreement shall be the World.
11. Termination. This Agreement shall terminate immediately upon any material breach by the Purchaser of any covenants of this Agreement. Except as stated above, this Agreement shall terminate two (2) years from the date of purchase, as indicated by the sales invoice. The Purchaser, however, may request, in writing, to extend the rights under this Agreement, and receive a written extension. Additional fees may apply.
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