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Terms and Conditions
END-USER “BEATS” FOR SALE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BEATLOCKER MUSIC STORE, LLC (“BEATLOCKER” and/or THE “STORE”) STATING THE TERMS THAT GOVERN YOUR USE OF THE STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF THE STORE'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND THE STORE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND 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 THE STORE MAY REFUSE ACCESS TO THE WEBSITE STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. This END-USER “BEATS” FOR SALE AGREEMENT (the “Agreement”), made this ____ day of_____________________, 20______, is by and between, BEATLOCKER MUSIC STORE, LLC (the “Store”), a limited liability company formed under the laws of Arizona, the owner and operator of the web site at www.beatlocker.com (the "Company Site"), with its office at 50 S. McDonald, Mesa, Arizona 85210 (the “Company”), and, _______________________ (an individual, representing him/herself, or if applicable, acting as legal representative for a band, group, songwriter, company or corporation) (“You”). AGREEMENT 1. DEFINITIONS: (a) "Beats” means, as applicable: (i) an individual song downloaded for end-user use only; (ii) an individual song downloaded through a license agreement; and/or (iii) an individual song downloaded as an outright sale. (b) “Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this Agreement. (c) "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this Agreement. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this Agreement. (d) "Store" means the individual, individuals, entity or entities that offers the Work under the terms of this Agreement. (e) "Original Author" means the individual, individuals, entity or entities who created the Work. (f) "Work" means the copyrightable work of authorship offered under the terms of this Agreement. (g) "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this Agreement with respect to the Work, or who has received express permission from the Licensor to exercise rights under this Agreement despite a previous violation. 2. TERMS OF SALE: The Store shall ONLY recognize sales (a “Sale” or “Sales”) that are made within the territory of the United States. All purchasers (the “Purchaser”) agree not to use or attempt to use the service from outside of the available territory. The Store may use technologies to verify such compliance. 3. SALES TO END USERS ONLY The Store sells its musical downloads (the “Products”) to end-user customers only. 4. REFUND POLICY All Store Sales are final. 5. FAIR USE RIGHTS: Nothing in this Agreement is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws. 6. PAYMENT METHODS The Store accepts credit cards or payment through your PayPal account. If a credit card company, or your PayPal account, is being used for a purchase, the Store 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. The 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. Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a purchase 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 purchase and should use another credit card. 7. BILLING If you are purchasing using your PayPal account, your order may be authorized and billed in gradual increments during one purchasing session as you click the "Buy Now" button. Depending on the size of your order, this may appear as multiple orders and billings on your credit card statement. If you use the Shopping Cart functionality, you will have one order that authorizes and bills as a single purchase. 8. SALES TAX Store purchases will include sales tax based on the bill-to address and the sales tax rate in effect at the time your purchase 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 purchases made on the Store. 9. PRICES The 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). The Store reserves the right to change prices for Products offered at the Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. 10. CONTENT AVAILABILITY The Store makes every effort to provide a broad content offering. For this reason, The Store reserves the right to change content options without notice. On occasion, a Product may become unavailable following purchase but prior to download. Your sole remedy in such cases is a refund of the purchase price paid for the unavailable Product. Please contact Store Customer Service for assistance in such cases (see below). 11. FOR ASSISTANCE WITH ORDERS - STORE CUSTOMER SERVICE For assistance with billing questions or other order inquiries, please send us an email at email@example.com. Responses to emails will be provided as soon as possible. 12. CONTENT USAGE RULES Your use of any Products purchased from the Store is conditioned upon your acceptance of the Terms of Service, including, without limitation, all terms set forth therein. 13. MISCELLANEOUS: (a) If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. (b) No term or provision of this Agreement shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. (c) This Agreement constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This Agreement may not be modified without the mutual written agreement of the Licensor and You. (d) The Store is not responsible for typographic errors. (e) The Store reserves the right to change the terms and conditions of sale at the Store at any time. Customers are encouraged to review the Terms of Service on a periodic basis for modifications. (f) All sales on the Store are governed by Arizona law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered purchases pass to the Purchaser in Arizona upon electronic transmission to the recipient. (g) No Store employee or agent has the authority to vary any of the Store's policies or the terms and conditions governing any sale. (h) In any proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs incurred. © Copyright 2007 Beatlocker Music Store, LLC. All rights reserved.
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Terms of Service
© Copyright 2009 Beatlocker Music Store, LLC. All rights reserved.
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