Intrigue Terms & Conditions
READ CAREFULLY. These Terms and Conditions of Use Agreement (the “Terms
and Conditions” or “Use Agreement”) apply to use of the INTRIGUE MUSIC
website located at (the “Site”). The Site is
the property of INTRIGUE MUSIC by special agreement with Softly Limited LTD.
Before you make any purchases, you must first establish a customer account (“My
Account”). These Terms and Conditions will govern your customer account.
BY CLICKING “I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS,”
YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON
THE BUTTON AND DO NOT USE THE SITE.
INTRIGUE MUSIC and Softly Limited LTD. reserve the right, at its sole discretion,
to change, add or remove portions of these Terms and Conditions, at any time.
It is your responsibility to check these Terms and Conditions each time before
using the Site. Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes. As long as you comply with
these Terms and Conditions, INTRIGUE MUSIC grants you (“End User”)
a personal, non-exclusive, non-transferable, limited privilege to enter and
use the Site. If there is conflict between these Terms and Conditions and the
terms posted for a specific service, feature or transaction offered on the Site,
the latter terms shall control regarding that specific service, feature or transaction.
All music (downloaded or samples), software, text, images, graphics, user interfaces,
videos, photographs, trademarks, logos, and artwork (collectively, “Content”),
including but not limited to the design, selection, arrangement, and coordination
of such Content on the Site is owned or licensed by or to INTRIGUE MUSIC and
is protected by copyright, trade dress, and trademark laws, and various other
intellectual property rights laws. Except as expressly provided in these Terms
and Conditions, no part of the Site and no Content may be reproduced, recorded,
broadcast, distributed, uploaded, posted, altered to make new works, performed,
digitized, or transmitted in any way to any other computer, website or other
medium or for any commercial purpose, without INTRIGUE MUSIC 's prior express
written consent.
All downloaded music; images, artwork, text and other copyrighted materials
(content), are sublicensed by Softly Limited to the end user with each purchase
made. This digital download sublicense is nonexlcusive, nontransferable, and
nonsublicensable. End users may play their digital downloads an unlimited number
of times on the same registered personal computer or any other secondary or
portable device. The end user may "burn" digital downloads from the
primary computer to make unlimited permanent copies in an uncompressed format.
You have a nontransferable, nonexclusive, nonsublicensable license to only
use the Digital Downloads for personal use as specified in the above Content
Use Rules. You may not play and then redigitize any Works, or upload those Works
to the Internet. You may not create any “derivative works” by altering
any of the Content. You may not use the Works in conjunction with any other
third-party content (e.g., to provide sound for a film). You may not exploit
any such Content or for commercial purposes (including the sale of bundled Digital
Downloads transferred onto Approved Electronic Devices). You may not transfer
or distribute Digital Downloads except as stated in the Content Use Rules. No
other uses are permitted except as expressly stated as an authorized use under
the Content Use Rules. You further agree to indemnify, defend and hold harmless
INTRIGUE MUSIC for your failure to comply with this section.
The services offered on the Site require you to first open an account. You
are responsible for maintaining the confidentiality of your My Account information,
including your password, and for all activity that occurs under your account.
You agree to notify INTRIGUE MUSIC immediately of any unauthorized use of your
account or password, or any other breach of security. You may be held liable
for losses incurred by INTRIGUE MUSIC or any other user of the Site due to someone
else using your password or customer account. You may not use anyone else\'s
password or customer account at any time.
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, then your customer My Account will be terminated.
You agree to provide INTRIGUE MUSIC with accurate, current and complete information
about yourself and your billing information as prompted by the registration
process. You may update any of your My Account Information, designate a different
credit card to be billed, or change the applicable expiration date on your currently
designated credit card, by clicking on the My Account button and selecting the
appropriate link.
You must disclose certain personal information to use our Site, register, and
make purchases. As a condition of registering with our Site or making any purchases
of Digital Downloads or any other products, you represent that you have first
read our Privacy Policy and consent to our collection, use and disclosure of
your personal information and non-personal information. To make a purchase,
you must at least disclose to us all of the following: (i) your name, (ii) mailing
address including zip code or equivalent, (iii) transaction data including credit
card number and titles of albums or songs purchased. Our Privacy Policy\'s terms
and conditions will change from time to time, and as a condition of browsing
the Site, using any features or making any purchase, you agree that you will
first review our Privacy Policy prior to making any initial or subsequent purchases.
By establishing a My Account with us, and each time you make a purchase through
our Site, you grant permission for INTRIGUE MUSIC to contact you at your e-mail
address.
You or INTRIGUE MUSIC may terminate these Terms and Conditions for any reason
at any time. You also agree that INTRIGUE MUSIC may, in its sole discretion and
without prior notice to you, terminate for cause your access to the Site, which
includes (but is not limited to): (1) attempts to gain unauthorized access to
the Site or assistance to others attempting to do so, (2) overcoming software
security features limiting use of or protecting Digital Downloads, (3) discontinuance
or material modification of the Site or any service offered on or through the
Site, (4) violations of the Terms and Conditions, (5) failure to pay for purchases,
(6) copyright infringement, (7) unexpected operational difficulties, or (8)
requests by law enforcement or other government agencies.
You agree that INTRIGUE MUSIC will not be liable to you or to any third party
for termination of your access to the Site. The following provisions of these
Terms and Conditions shall survive termination, whether for convenience or cause:
“Content,” “Content Use Rules,” “Prohibited Uses
of Digital Downloads,” “Consent to Collection, Use and Disclosure
of Your Personal Information,” “Consent to Our Communication With
You By E-mail,” “Disclaimer of Warranties,” and “Limitation
of Liability.”
THE WEBSITE, MUSIC SAMPLES, “DIGITAL DOWNLOADS,” SOFTWARE, ARTWORK,
DATA, AND INFORMATION ARE PROVIDED “AS IS.” INTRIGUE MUSIC EXPRESSLY
DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO OR REFERENCED BY THE INTRIGUE MUSIC WEBSITE, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE,
NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE AND/OR DOWNLOADING
OF MUSIC FILES OR THEIR USE. IN NO EVENT SHALL INTRIGUE MUSIC OR ITS LICENSORS
OR ANY OF THEIR OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING
OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY DIGITAL DOWNLOADS,
WITH THE DELAY OR INABILITY TO USE THE INTRIGUE MUSIC SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE MUSIC OR SERVICES, OR FOR ANY NFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE INTRIGUE MUSIC SITE WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF INTRIGUE MUSIC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIMITATION
OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT
INTRIGUE MUSIC SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO INTRIGUE MUSIC
BY END USER. |