Other Music Digital: Terms Of Service

			
Other Music Digital
Terms of Service, Privacy, and End-User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY.  

This is a legal agreement between you and Other Music, LLC, stating the terms that govern your use of the Other Music owned music store located at www.othermusic.com and digital.othermusic.com. You must accept and abide by the terms as presented to you, and Other Music alone 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. To agree to the terms of the Agreement, click "AGREE." If you do not agree to these terms, DO NOT click "AGREE," AND DO NOT USE THE SERVICE.

1. Age Requirement. To register for use of the Service on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this agreement to your parent or legal guardian, and he or she must click "AGREE" to enter into this agreement on your behalf. Children under 13 years of age may not register for the service, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Service, including all financial charges and legal liability that he or she may incur.

2. Description of Service. Through the use of the Other Music owned website, you are permitted to listen to Samples (as defined below), and obtain Digital Downloads of sound recordings ("Tracks") and related digital content ("Materials" defined below). The Other Music Service, Tracks, and Materials 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. From time to time, you may have to install software, available through the Service to aid in the accessibility of Content.

3. Registration Data & Accounts. To use the Service you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Other Music ("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. Other Music may terminate your account and any or all rights to the Service if any information you provide is inaccurate, false, or incomplete. You agree that Other Music may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your accounts.

4. Security of Account. You are solely responsible for maintaining the confidentiality and security of your
account. You agree to notify Other Music immediately of any unauthorized use of your password and/or account. Other Music 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 Other Music, 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, Other Music will terminate your Account.

5. Consent to our communication with You by E-Mail. By establishing a Other Music Account, and each time you make a purchase through our Site, you grant permission for Other Music to contact you at your e-mail address.

6. 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 Other Music 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 Other Music and/or is licensors.

7. Content.  All music, downloaded or samples, and all software, artwork, graphics, video, text, interfaces,
Trademarks, logos, images, photographs, and any other element of the Other Music website (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 Other Music, and is protected by trademark, trade dress, copyright, and other intellectual property rights laws. 
Without the prior written consent of Other Music, 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.

8. Content Usage Rules. OTHER MUSIC 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 Other Music ("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.

A "Sample" is a promotional portion of a Track, in some cases an entire Track, which is made available to you while you are logged onto the Service. Samples may also consist of a promotional music video. 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. Other Music 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. The Downloads are strictly limited to your personal use and any use or sharing outside the doctrine of Fair Use, as provided in the United States Copyright Code, is in violation of Copyright and Intellectual Property laws.

9. 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.

10. Loss of Rights by Other Music. Other Music 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 Other Music's Library function or obtain them from the Site's catalog. 

CHARGES/BILLING

11. Agreement to Pay. You agree to pay for all Products that you purchase through the Service and Other Music may charge your credit card 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. You hereby agree to authorize Other Music to charge your credit card for the above mentioned at Other Music's convenience, but within (30) days of credit card authorization. YOU ARE RESPONSIBLE FOR PROVIDING OTHER MUSIC WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Other Music may post charges individually or aggregate your charges with other purchases you make on the service. If any of your billing information changes, you are responsible for updating the information in the applicable section of your "Member Account." 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.

12. Sales to End Users Only. Other Music sells products to end user customers only, and not to music dealers, exporters, wholesalers, or any other businesses with an intent to resell.

13. Other Music's Right of Refusal. Other Music reserves the right to refuse Service or sale of Products for any reason, to any End User.

14. 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. Other Music does not provide price protection or refunds in the event of a price drop or promotional offering.

15. Each Digital Download is an Individual Sale and Subject to the Terms and Conditions of this Agreement. Each purchase of Digital Downloads by You will be regarded as a separate transaction and each delivery of a Digital Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.

16. No Refunds. All sales are final and all charges from those sales are nonrefundable.

17. No Responsibility for Typographical Errors. Due to the rapidly expanding, broad selection of Tracks and Materials on the Other Music website it is possible that a Track or Material may be accidentally mis-priced. In such an event, Other Music reserves the right not to accept End User orders with prices based upon typographical errors.

18. Taxes. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes, unless Other Music assumes this obligation.

19. Order Acceptance Policy. Your receipt of an electronic or other form of confirmation does not (1) constitute Other Music's offer to sell and (2) convey Other Music's acceptance of your order. Other Music reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Your order is deemed accepted upon delivery of Products (i.e. completion of a Digital Download as indicated by our servers).

20. Methods of Payment and Credit Card Terms. Other Music does not currently accept cash, money orders, checks, or any other form of payment besides American Express, Visa, or Master Card, Switch / Maestro, Solo credit cards, and Gift Certificates or Allowance Accounts.  Other Music 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 Other Music, 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, not this Agreement, to determine your rights and liabilities as a cardholder. Obligation to pay for Products or Digital Download orders previously accepted by Other Music will survive your termination of the Terms and Conditions of Usage.

21. Electronic Signatures and Contracts. Your use of Other Music's Service includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.

OTHER FEATURES AND TERMS & CONDITIONS

22. Community Features / Public Areas. The Service may contain features designed to help members find Tracks and Materials of personal interest by viewing Tracks and Materials that other members have sampled and/or downloaded. These features may include access to members most recently played lists and access to member's collections of Tracks and Materials. Further, Other Music may feature message boards and/or chat rooms that allow for communication and posting of public profiles between users of the Service. The Public Areas are offered on a read only basis until a user signs up for the ability to post messages in the various forums. OTHER MUSIC HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, TRACKS/MATERIALS COLLECTION OR PUBLIC PROFILES. Other Music is not responsible and assumes no liability for any activity, content, messages and the like that your or any other users post to a Public Area or a Public
Profile, or send to another user over an instant messenger system.

23. Restrictions. 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.

24. Other Music's Rights. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Other Music 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 Other Music's use of such content exploits any proprietary rights you may have in such material, you agree that Other Music 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 Other Music, 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.

25. Privacy. For additional information regarding Other Music's use of information collected in connection with the Service, please refer to Other Music's Privacy Policy, a copy of which is available at the bottom of this page.

26. Copyrights. All copyrights in and to the Service, including but not limited to, the Other Music music store (Including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Other Music and/or its licensors. The use of the software or 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.

27. Trademarks. 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 Other Music 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.

28. Violation of Intellectual Property Rights. If Other Music receives a notice alleging that you have engaged in behavior that infringes Other Music's or other's intellectual property rights or reasonably suspects the same, Other Music 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.

29. Enforcement of These Terms. Other Music reserves the right to enlist and take measures that Other Music believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to Other Music'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 Other Music 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 Other Music believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Other Music'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).

30. No Responsibility for Third-Party Materials or Web Sites. The service may include Products, Content, and Services from third parties available via the Other Music Service. As well, Other Music may include links to third party websites, which are provided solely as a convenience to you. Other Music assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Other Music is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.

31. Indemnity. By using this Service you agree to indemnify and hold harmless Other Music 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.

32. Termination.
a. If you fail, or Other Music 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 Other Music 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, Other Music, 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. Other Music 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 Other Music will not be liable to you or to any third party should it exercise such rights.

33. General Compliance with Laws. The Service at www.othermusic.com is controlled and operated by Other Music 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.

34. Governing Law. The laws of the State of New York, of the United States of America, 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 Other Music or relating in any way to your use of the Service resides in the courts of the State of  New York, U.S.A.

35. Disclaimers.
a. Other Music 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 Other Music may remove the Service for indefinite periods of time, or cancel the service at any time, with or without notice to you.

b. Other Music makes no warranty that any particular CD burner or portable device will be compatible with the Service or any Content offered on the Other Music Service.

c. Under no circumstance shall any Other Music entity be liable for any unauthorized use of the Service or its Content.

d. Under no circumstances shall any Other Music 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 Other Music entity has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the Other Music entities shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.

e. 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 (except as expressly stated by Other Music) provided "as is" and "as available" for your use, and to the maximum extent allowed by applicable law, the Other Music entities expressly disclaim all warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Privacy Policy

Overview

Other Music collects personal information from you in an effort to market to you more effectively, facilitate your downloads, and offer a more personalized online experience. Protecting your privacy is important to Other Music, and by ensuring that you are knowledgeable and understand Other Music's Privacy Policy, Other Music can provide you with better service.

Except as limited below, Other Music reserves the right to use or disclose your personally identifiable information for business reasons in whatever manner desired.

What information we collect
Other Music has several features that automatically collect information from users of our service (i.e. cookies, action tags, and other data collection methods), and Other Music has several areas where you can submit information (i.e. customer account and public areas)

Why we collect personal information 
In addition to providing you with a more personalized online experience and facilitating your downloads, Other Music uses your personal information to present a wider range of products and services with convenient access to you. Other Music may occasionally include information from other companies concerning products and services that would be beneficial to your Other Music products. As well, Other Music uses your personal information to keep you abreast of new products, promotions, offers, contests, and any other information Other Music believes might better serve you. From time to time, Other Music may use your personal information to contact you to request your participation in a market research survey. 

When we disclose personal information 
Except as limited herein, Other Music reserves the right to use or disclose your personally identifiable information for business reasons in whatever manner desired. At times, Other Music may be required to release your personal information in accordance with the law or legal process. Other Music may disclose information about you if Other Music believes such disclosure is fundamental for the public interest. Your personal information will only be shared with third parties who provide services to Other Music where it is required in order to complete the transaction (i.e. credit card companies or shipping services). Where Other Music believes it important, and at Other Music's sole discretion, we will ask our agents not to disclose or share your personal information for purposes other than to provide services to you or Other Music.

Maintaining your right to privacy is important to Other Music. Other Music will not sell your personal information to commercial entities, advertisers, etc. Other Music is not in the business of exploiting its Users.  How we protect your personal information your personal information is safeguarded through the use of Other Music's managerial procedures, as well as physical and electronic procedures to protect security.