Request-A-Song.com Download Agreement
THIS REQUEST-A-SONG.COM DOWNLOAD AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING
AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE
END USER, AND HOLLOW EARTH PRODUCTIONS ("OUR," "US," "WE" OR
"H.E.P."). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE
REQUEST-A-SONG DOWNLOAD SERVICE. BY USING THE SERVICE, YOU ARE CONSENTING TO BECOME A
PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF
YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE
DISCONTINUE THE DOWNLOADING PROCESS.
1. MODIFICATION
We may modify any of the terms and conditions contained in this Agreement at any time in
our sole discretion. A change notice will be posted at
http://www.request-a-song.com/news.asp. If any modification is unacceptable to you, you
agree that your only recourse is to terminate this Agreement. Your continued use of the
Service following our posting of a change notice or new agreement on the Request-A-Song
Site will constitute your binding acceptance of the change.
2. TECHNOLOGICAL AND USE LIMITATIONS
2.1 H.E.P. will make reasonable efforts
to keep the Request-A-Song Site operational. However, certain technical difficulties or
routine site maintenance/upgrades may, from time to time, result in temporary service
interruptions. H.E.P. also reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, functions of the Service with or without
notice. You agree that H.E.P. shall not be liable to you or to any third party for any of
the direct or indirect consequences of any modification, suspension, discontinuance of or
interruption to the Service.
2.2 By using the Service,
you acknowledge and agree that you have no right to provide any files obtained through the
Service to any other party or through any other means. You may only make copies of any
file obtained through the Service for your own personal use.
2.3 Because the Service is
designed for personal sampling and use, you are not allowed to use any automated system
for the selection or downloading of files. H.E.P. reserves the right, when possible, to
immediately and permanently terminate your access to the Service if H.E.P. believes that
you are violating such limitation.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The content available through
the Service is the property of Hollow Earth Productions or its licensors and is protected
by copyright and other intellectual property laws. Content received through the Service
may be used and played for your personal, non-commercial use only. You agree not to
reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third
parties or circulate the content received through the Service to anyone or to exploit any
such content for commercial or noncommercial purposes without the express prior written
consent of Hollow Earth Productions. You agree to indemnify and hold harmless Hollow Earth
Productions for your failure to comply with this Section 3.1.
3.2 You acknowledge that Hollow Earth
Productions retains exclusive ownership of the Service and all intellectual property
rights associated therewith. Except as expressly provided herein, you are not granted any
rights or license to patents, copyrights, trade secrets or trademarks with respect to the
Service or its contents, and Hollow Earth Productions reserves all rights not expressly
granted hereunder. You shall promptly notify Hollow Earth Productions in writing upon your
discovery of any unauthorized use or infringement of the Service (or its contents) or
Hollow Earth Productions's patent, copyright, trade secret, trademarks or other
intellectual property rights. The Service contains proprietary and confidential
information that is protected by copyright laws and international treaty provisions.
4. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY
DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE REQUEST-A-SONG SITE
AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE REQUEST-A-SONG SITE OR ANY PORTION
THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY
RIGHTS.
5. LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE
SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR
AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED
THE TOTAL FEES PAID BY YOU FOR THIS SERVICE.
6. MISCELLANEOUS
This Agreement is governed by the laws of the State of North Carolina, U.S.A., without
regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of
and venue in the federal and state courts located in Wake County, North Carolina, U.S.A.
in all disputes arising out of or relating to the Service. In addition, you hereby consent
to the exclusive jurisdiction of and venue in such courts for any action commenced by you
against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this Section 6. You shall not use the Service in any manner contrary to
local, state or federal law. Hollow Earth Productions expressly disclaims any and all
responsibility or liability for any action by you that is contrary to such law(s) by you
and reserves the right to terminate your Service immediately upon notice for your failure
to comply with any such local, state or federal law. Our performance of this Agreement is
subject to existing laws and legal process, and nothing contained in this Agreement is in
derogation of our right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Service or information provided to or gathered by
us with respect to such use. If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the Agreement shall
continue in effect. This Agreement constitutes the entire agreement between you and us
with respect to the Service and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and us with respect to the
Service. A printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to
this Agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.