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FANIA.COM (DOWNLOAD STORE)
Fania.com & Codigo Music, LLC
Registration Terms of Service, Privacy, and End-User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. The terms and conditions stated
in this Agreement below shall at all times govern your use of the Fania.com website, its software and any content that you may see or download.
These terms of service and end-user license agreement (the "EULA.") govern your rights to the Fania.com store and the digital music files ("Fania downloads") you download from the Fania.com store. It is a legally-binding contract between you and Codigo Music, LLC (sometimes referred to below as
"Fania.com", "Fania", "we", or "us" or "our") that grants you a limited license to access the Fania store and to use the Fania Downloads you select. In order to purchase the right to download and access the Fania Downloads, you must agree to the terms of this EULA After you have read this EULA, you can indicate your acceptance of its terms by clicking the "AGREE" button below. By installing, copying, or otherwise using the Fania store or its software, you acknowledge that you have read the EULA and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this EULA, click the "DISAGREE" button and do not install, copy, or use the Fania store, software or any Fania Downloads. By clicking the "DISAGREE" button, you will be unable to complete the registration process and you will not be able to download from the Fania store.
You understand that the Fania software includes security components that permit digital information to be protected and that limit your use and access to the Fania Downloads so that they may be used only in accordance with licensing rules assigned by Codigo music and/or its content suppliers (the "Usage Rules"). The Fania Downloads are encoded and licensed to you in the MP3 and/or .wav
YOUR RIGHT TO USE THE FANIA STORE AND ITS CONTENTS.
The Fania store and all materials on the Fania store, including but not limited to Downloads, the Promotional DJ (PDJ) streaming audio, images, software, text, and video clips (the "Content") are only for your personal use and you agree that you are purchasing Downloads for your own personal use for entertainment purposes and not for redistribution of any kind. The sale to you of any Download does not convey to you any reproduction or promotional use rights in the Fania Download (e.g., any uses that implicate or 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 Fania 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 Fania store, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose. You may not use any technology to copy any music played on the PDJ, and you may not play the PDJ in a public space without the prior written consent of Fania and compliance with copyright law. You agree to abide by the rules and policies established from time to time by Fania. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Fania store and related software, and may include, for example, required or automatic updates, modifications and/or reinstallations of the software, and obtaining available
patches to address security, interoperability, and/or performance issues. Fania (for itself and for its content providers) reserves the right to enforce the Usage Rules with or without notice to you. As long as you comply with the EULA, Fania grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Fania store. Downloads and other materials contained in the Fania store may be owned by Fania or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Content you obtain for use in connection with the software and the Fania store will be limited by copyright law and by the Usage Rules, as described in the EULA. You agree not to interrupt or attempt to interrupt the operation of the Fania store in any way. Except as provided herein, all other non-enumerated uses of the Fania store are prohibited and shall constitute a violation of the terms of this
DOWNLOADS LICENSE AND LIMITATIONS ON USE.
Fania hereby grants you a non-exclusive, non-transferable, revocable license to use the Fania Downloads in accordance with the following limitations (the "Limitations on Use"): Permitted Uses: You may play the Fania Downloads on computers, burn single-track Fania Downloads to a CD as part of a playlist, and transfer Fania Downloads to portable music devices. Fania 's permitting burning or transferring of the Fania Downloads shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of the sound recording and underlying musical composition embodied in the Fania Download. Except as provided herein, all other non-enumerated uses of the Fania Downloads are prohibited and shall constitute a violation of the terms of this Agreement.
WARNING: DO NOT UPLOAD OR FILESHARE the music you purchase from the Fania store.
OWNERSHIP OF INTELLECTUAL PROPERY.
All Content on the Fania store is protected by copyright under U.S. law, international conventions, and other copyright laws. You cannot use the Content except as specified herein. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. There are a number of proprietary logos, service marks, and trademarks (collectively, the "Trademarks") found on the Fania store that are owned by Fania and other third parties. Nothing contained on the Fania store should be construed as granting by estoppel or otherwise, any license or right to use to any Trademark displayed on the Fania store.
YOUR ACCOUNT AND PASSWORD
Registration with the Fania store will require you to open an account (including setting up a unique ID and password). You may only open an account for yourself, and not for any other person. You warrant that the information you provide to Fania during the registration process and any other communications with Fania, 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 Fania 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 Fania store cannot be guaranteed. You agree that you will consult the terms and conditions that are imposed by you r 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 Fania, 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 Fania store account. You agree to notify Fania 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 Fania, its third party licensors, or by any otheruser of or visitor to the Fania store 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. Fania and its third party licensors 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.
By establishing an account with Fania, you expressly grant permission for Fania to communicate with you via e-mail at the e-mail address you provide.
RULES FOR KIDS.
Effective April 21, 2000, the Children's Online Privacy Protection Act ("COPPA") was enacted into law and it imposed new rules regarding the collection of personal information from children younger than the age of 13. Because the Fania store is not directed to children under the age of 13, we cannot offer the Fania Downloads to such individuals. If you are under the age of 13, you may not create an account with the Fania store and you shall not be eligible to participate in any promotions, and you are asked not to provide any personal information to us.
There are no refunds once a Fania 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 Fania store account.
PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS.
Features, specifications, services and/or prices offered from the Fania store may change at any time without notice and Fania does not provide price protection or refunds in the event of a price drop or a promotional offering. Purchases from the Fania store may include sales tax (where applicable) and such tax will be based on the bill-to address. In such cases, the sales tax rate in effect at the time the Fania Download occurs will apply. If the applicable sales tax rate changes before the Fania Download has been completed, the new tax rate, effective at the time of the completion of the Fania Download, will apply. You are not eligible for tax exemptions for purchases made from the Fania store.
Other product and service limitations and disclaimers may apply. Special product or service offerings and promotions displayed on the Fania store are considered no longer valid once they are removed from the Fania store. Additionally, all offerings and promotions are subject to change or cancellation at any time without notice.
Customer Service can be accessed by entering the following URL into your Internet browser window: http://www.fania.com/support
FANIA'S RIGHT TO CHANGE THE FANIA STORE, THESE TERMS OF
SERVICES OR THE EULA
FANIA may add to, change or remove any part of the EULA at any time, without notice. By accepting the terms of this Agreement, you hereby expressly waive any right to notice regarding changes to this Agreement. Any changes to the EULA apply as soon as they are posted. You should therefore periodically visit this page by clicking on the hyperlink entitled "Terms of Service/EULA" at the bottom of the Fania store web pages to review the then-current Terms of Service and EULA By continuing to use the Fania store after any changes are posted, you are indicating your acceptance of those changes. Fania and/or the owners of the Content may add, change, discontinue, remove, or suspend any materials posted on the Fania store, including features and specifications of products described or depicted on the Fania store, temporarily or permanently, at any time, without notice and without liability.
Electronic Signatures and Contracts.
Your use of the Fania store includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND 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. YOU AGREE THAT ANY ELECTRONIC SUBMISSIONS, INCLUDING BUT NOT LIMITED TO CLICKING 'AGREE' OR ANY OTHER AFFIRMATIVE ACKNOWLEDGEMENTS, ARE INTENDED TO BE AN AFFIRMATION OF YOUR SIGNATURE AND WILL BE BINDING TO THE FULLEST EXTENT OF THE LAW IN THE ABSENCE OF A PHYSICAL SIGNATURE.
RISK OF USE.
Fania, its licensors, suppliers and affiliates assume no responsibility, and shall not be liable for any damages to, or viruses that may damage, your computer equipment or other property on account of your access to, use of, or browsing in the downloading of any materials, software, the PDJ, data, text, images, video, or audio from the Fania store or any other way, whether or not linked from the Fania store.
No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via Fania may include materials from third parties. In addition, Fania may provide links to certain third party websites. You acknowledge and agree that Fania is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Fania does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. Your linking is entirely at your own risk.
WARRANTIES AND DISCLAIMER OF WARRANTIES.
THE FANIA STORE, THE CONTENT, AND THE FANIA DOWNLOADS ARE PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FANIA AND ITS LICENSORS, SUPPLIERS AND AFFILIATES: (1) DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE FANIA STORE, THE CONTENT, OR THE FANIA DOWNLOADS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE FANIA STORE, THE FANIA DOWNLOADS OR YOUR USE THEREOF OR THE CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND FANIA’S AND ITS LICENSORS', SUPPLIERS' OR AFFILIATES' SOLE OBLIGATION AND LIABILITY HEREUNDER WITH RESPECT TO THE FANIA STORE, THE CONTENT, AND THE FANIA DOWNLOADS WILL BE, AT FANIA'S SOLE OPTION, REPLACEMENT OF THE DEFECTIVE FANIA DOWNLOAD(S) OR A WHOLE OR FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE DEFECTIVE FANIA DOWNLOAD(S).
LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA, IN NO EVENT WILL FANIA, ITS
LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE
DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THE FANIA STORE, THE CONTENT, THE FANIA DOWNLOADS, THE EULA OR THE SUBJECT MATTER OF IT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2) DAMAGES ARISING FROM YOUR USE OF THE CONTENT OR THE FANIA DOWNLOADS IN VIOLATION OF THIS EULA, INCLUDING THE LIMITATIONS ON USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You will defend and indemnify Fania and its licensors, distributors, suppliers and affiliates (and their respective officers, directors, employees, and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorney's fees) arising from or relating to your use of the Fania store, the Fania Downloads
or Content in violation of this EULA
This EULA and your rights to access, download and use the Fania Downloads are subject to immediate termination, without notice, if you breach any provision of this EULA or if you use the Content or Fania Downloads in violation of this EULA If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must: (i) cease all use of the Fania store, the Content, and the Fania Downloads, (ii) destroy all electronic files of the Content and Fania Downloads and (iii) return all physical copies of the Content and Fania Downloads recorded in recordable blank media to Fania.
CHOICE OF LAW AND VENUE.
This EULA will be governed by the laws of the state of Florida, without regard to its conflicts of law principles. You agree that any claim or dispute arising out of or relating to this EULA will be brought in an appropriate state or federal court located in Dade County, Florida. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. THE PARTIES SHALL NOT RAISE IN CONNECTION THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR ANY DEFENSES BASED UPON THE VENUE, THE INCONVENIENCE OF THE FORUM, LACK OF PERSONAL JURISDICTION, THE SUFFICIENCY OF SERVICE OF PROCESS OR THE LIKE IN ANY SUCH ACTION OR SUIT.
The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND
VENUE" will survive termination of this EULA
ENTIRE AGREEMENT AND SEVERABILITY.
This EULA constitutes the entire agreement between you and Fania with respect to its subject matter. No employee or agent of Fania has the authority to alter or vary any of the policies of Fania, the Fania store or the EULA If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this EULA will be interpreted so as to reasonably effect the intention of the parties.
Registration Version 1.0, as of October 26, 2009