This agreement (""Agreement"") constitutes a binding contract between you and Easy Street Records International Corp. (hereinafter referred to as "Easy Street Records") and governs your use of the Easy Street Records Digital Download Store (hereinafter the "ESR DDS"). By registering as a member and accepting this Agreement, you represent that you have read and understood this Agreement and agree to be bound by its terms. The ESR DDS is intended for individuals over the age of 18 who make purchases for themselves and for others, including children. Easy Street Records does not knowingly solicit or collect any personal information on individuals under the age of 18.
If you are under 18, you may use the ESR DDS only with the approval of a parent or guardian. The ESR DDS reserves the right to refuse, in its sole discretion, to service, terminate accounts, remove or edit content, or cancel orders.
A "Download" or "Downloads" is/are a Purchased Audio Recording(s) 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. ESR DDS shall have no liability for lost, damaged, or destroyed Downloads. 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 this Service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the downloads accessible through the site. 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 Audio Recordings or Material or any works embodied in them.
Downloads from ESR DDS are encoded and licensed to you in the MP3 format. Each purchase of a Digital Download 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. Prices and availability of products offered through the ESR DDS are subject to change at any time. ESR DDS does not provide price protection or refunds in the event of a price drop or promotional offering. . Purchases from the ESR DDS store may include sales tax (where applicable) and such tax will be based on venue of the purchaser. In such cases, the sales tax rate in effect at the time the Download occurs will apply. The approved Usage Rules, below, shall govern your rights with respect to the ESR DDS Downloads regardless of whether unauthorized rules have been associated with music downloads by another party.
ESR DDS sells products to end user customers only, and not to music dealers, exporters, wholesalers, or any other businesses with an intent to resell.
Network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through Easy Street Records web site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.
ESR DDS reserves the right to deactivate your account or suspend use of Services for any reason.
No user of our Services or site may (1) take any action that imposes an unreasonable load on the site's infrastructure; (2) use any device, software or routine to interfere with or attempt to interfere with the proper working of the site or any activity being conducted on the site, (3) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the site or the service; (4) delete or alter any material posted by any other person or entity; or (5) frame or link any of the materials or information available form the site or the service.
Information and materials posted by Easy Street Records are provided for general reference only and, where permitted by law, are not warranted to be free from errors, other deficiencies or potential interruptions. In addition, the site may be used by others to post information and materials, including changes or additions; Easy Street Records gives no assurance whatsoever regarding such information or materials.
If you submit information to our site, you agree not to (1) post or transmit anything that is defamatory, libelous, abusive, unlawful, obscene, threatening, fraudulent, pornographic or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit pyramid schemes, chain letters, or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; or (5) contact other site users through unsolicited e-mail, telephone calls or any other method of communication.
In order to become a Member of the ESR DDS, you must register and provide specified information. You represent that your registration information will be current, complete and accurate at the time you register and that you will update it as necessary. For registration and sign-in purposes, you will select a password. You may only open an account for yourself, and not for any other person. You warrant that the information you provide to ESR DDS during the registration process and any other communications with ESR DDS, is true, correct, complete, and current and you agree to update such information as necessary so that it remains current, accurate, and complete. You agree that any information provided by you to us will not violate any law or regulation or infringe the rights of any third party. By opening an account, you are certifying that you are capable of entering a contract under the laws of your jurisdiction. You will be asked during the registration process to provide ESR DDS with your credit card or payment information. You acknowledge and agree that the complete privacy of your data and messages transmitted while registering or using the ESR DDS cannot be guaranteed. You agree that you will consult the terms and conditions that are imposed by your credit card issuer for notification requirements and limitations on your liability for loss, theft, or unauthorized use of your credit card. You agree that you, and not ESR DDS, will be solely responsible for the payment of all amounts billed to your credit card by unauthorized third parties. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your ESR DDS account. You agree to notify ESR DDS immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by ESR DDS or by any other user of or visitor to the ESR DDS due to someone else using your unique ID, password or account. No person may use anyone else's unique ID, password or account at any time. ESR DDS cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations. You agree that you will not allow others to use your Member name, password and/or account.
You are solely responsible for maintaining the confidentiality and security of your ESR DDS Account. You agree to notify us immediately of any unauthorized use of your password and/or ESR DDS Account. ESR DDS shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or ESR DDS Account, and you agree to hold harmless and to indemnify Easy Street Records, 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, ESR DDS will terminate your Account.
By establishing an ESR DDS Account and each time you make a purchase through our Site, you grant permission for Easy Street Records to contact you at your e-mail address.
ESR DDS may terminate or suspend your access to all or parts of the Service, without notice, for any conduct that ESR DDS, in its sole discretion, believes is in violation of this Agreement or applicable law, or is detrimental to the interests of another user or any third party. In such case, ESR DDS shall have no liability to you.
You agree that all content on the Service, including text, graphics, photographs, musical compositions, sound recordings and other material (the ""Content""), and the selection, coordination, arrangement and enhancement of same, is the exclusive property of ESR DDS or the property of content suppliers to ESR DDS, and is protected by copyrights, trademarks and/or other proprietary rights under the laws of the United States and other countries. You cannot use the Content except as specified herein. All present and future copyrights, trademarks and other proprietary rights in and to the Content shall, as between you and ESR DDS, at all times be and remain the exclusive property of ESR DDS and its content suppliers. You may not (i) create any derivative works based on the Content; (ii) play and then re-digitize any Downloads; or otherwise use the Content except as expressly authorized herein. The ESR DDS includes materials whose proprietary rights, copyrights and trademarks are owned by Easy Street Records or by third parties. Nothing contained on the ESR DDS should be construed as granting any license or right to use to any Trademark displayed on the ESR DDS store. Use of such materials is prohibited without written permission from the owners of such materials. The sale to you of any ESR DDS download does not convey to you any reproduction or promotional use rights in the download (i.e., any uses that require synchronization rights or public performance or print music publishing rights to be obtained and/or paid with respect to the musical compositions, or any use that would result in the commercial redistribution or performance of the download or the musical composition underlying such download). You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any materials contained on the DDS ESR, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose.
You agree to use the Content only for personal, non-commercial, lawful purposes, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ""AS IS"" AND, WHERE PERMITTED BY LAW, ESR DDS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ESR DDS DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR IS FREE OF ERRORS, VIRUSES OR OTHER DEFECTS AND IS NOT LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY MAY SUFFER AS A RESULT THEREOF.
UNDER NO CIRCUMSTANCES, WHERE PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ESR DDS BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ALLEGEDLY SUSTAINED BY YOU OR ANY THIRD PARTIES FROM YOUR USE OF THE SERVICE OR THE CONTENT OR YOUR INABILITY TO ACCESS OR USE THE SERVICE. Some jurisdictions do not allow the exclusion or limitation of liability for punitive, consequential or incidental damages. In such jurisdictions, ESR DDS's liability is limited to the greatest extent permitted by law.
ESR DDS may provide hyperlinks to other Web sites maintained by third parties or may provide third party content on the Service by framing or other methods. The fact that ESR DDS provides a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEB SITES IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE SERVICE, YOU DO THIS ENTIRELY AT YOUR OWN RISK. It is up to you to take precautions to ensure that the third party Web site to which you link is free of computer viruses and other items of a destructive nature.
You represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted herein for any unlawful purpose; and (iii) shall use the Service and the Content only as permitted by this Agreement.
You agree to indemnify and hold harmless ESR DDS and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including reasonable attorney's fees and court costs) arising from or relating to your use of the Content or the Service, including, without limitation, allowing others to use your Member name, password and/or account.
Where permitted by law, this Agreement shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts of law principles. You agree to submit to the personal jurisdiction and venue of the State and Federal courts located in New York, New York with respect to any legal proceedings relating to this Agreement and waive any objection to the propriety or convenience of venue in such courts.
All sales are final and all charges from those sales are non-refundable. There are no refunds once an Easy Street Records Download is purchased. When you click the "Buy Now" button, or other button confirming your purchase, your music purchases are charged to the credit card or authorized payment method contained in your ESR DDS account. In exceptional circumstances, refunds are given at the discretion of the management.
Entire Agreement. This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement whether written or oral.
Language Clause. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English.
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