THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STINGRAY MUSIC USA INC. ("STINGRAY") STATING THE COMPLETE TERMS THAT GOVERN YOUR USE OF THE KARAOKE CHANNEL DOWNLOAD STORE SERVICE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY EACH AND EVERY TERM OF THIS AGREEMENT (“AGREEMENT”). STINGRAY MAY REFUSE ACCESS TO THE KARAOKE CHANNEL DOWNLOAD STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.
Stingray is the provider of The Karaoke Channel Download Store offered on The KARAOKE Channel website (www.thekaraokechannel.com/store) (the "Service") that allows you to purchase digital content, such as sound recordings and videos, under the terms and conditions set forth herein.
This Service is only available for individuals aged 13 years or older. If you are 13 years or older but under the age of 18, please review these terms and conditions with your parent or guardian. By signing up for the Service you represent and warrant that you are aged 13 years or older, and that you agree to be bound by the terms and conditions of this Agreement. Any use of the Service by an individual under 13 years old is unauthorized and unlicensed.
You understand that by using the Service, you may encounter content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the Service is at your sole risk and Stingray shall have no liability to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable.
The descriptions and information, such as genres, sub-genres, categories, sub-categories and the like, are provided for convenience only, and you acknowledge and agree that Stingray does not guarantee their accuracy.
You agree to provide accurate, current, and complete information about you as may be required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete at any time. Stingray has the right to confirm or otherwise verify, in its sole discretion, but without any obligation to do so, the truth and accuracy of the Registration Data at any time. Stingray may terminate your rights to the Service, at any time, if any information you provide is false, inaccurate or incomplete. You agree that Stingray may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
You are responsible for maintaining the confidentiality and security of your password and identification, and for restricting access to your computer. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Stingray of any unauthorized use of your Account or any other breach of security. Stingray shall not be liable to you for any unauthorized use of your Account.
You understand that the Service, and the content available through the Service, such as sound recordings, videos and related artwork ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Stingray and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever. Usage Rules may be controlled and monitored by Stingray for compliance purposes, and Stingray reserves the right to enforce the Usage Rules with or without notice to you. Please review carefully the Usage Rules provided in Section 11 of this Agreement.
You acknowledge that use of Products may require the use of other hardware and software products and that such hardware and software is your responsibility. It is also your responsibility to pay any bandwidth fees necessary to use the Service.
Provided that you are eligible for use of the Service and that you have validly registered to use the Service, Stingray grants you a limited, non exclusive, revocable license to access and make personal use of the Service and of the Products available through the Service in accordance with the terms and conditions of this Agreement, including the Usage Rules. You acknowledge and agree that the Products available through the Service are licensed, not sold, to you, even though we refer to "purchase" or "purchase price", and you acknowledge that the download of sound recordings shall not constitute a grant or waiver of any rights of the copyright owners in such sound recordings and the underlying musical compositions embodied therein. Any use of the Service or of the Products available through the Service other than as specifically authorized herein is strictly prohibited and shall terminate automatically the license granted herein.
You acknowledge and agree to use the Service, including the Products available through the Service, in compliance with the applicable Usage Rules:
Stingray reserves the right to modify the Usage Rules at any time without notice.
You acknowledge and agree that the Products that are available to you are the Products available in the country in which the credit card you designate during the registration process was issued.
Stingray reserves the right to change any and all Products available in the Service and the pricing of such Products at any time without notice.
You agree to pay for all Products you purchase through the Service, and that Stingray may charge your credit card for any Products purchased, and for any additional amounts (including any applicable taxes) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Stingray with a valid credit card details for payment of all fees. All fees will be billed to the credit card you designate during the registration process. If Stingray does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Stingray. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount.
All payments must be made by VISA, MasterCard and American Express, or through Paypal. Stingray will not accept cash, checks or any other payment form. AS BETWEEN YOU AND STINGRAY, YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes.
Unless you notify Stingray of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release Stingray from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Stingray within sixty (60) days of its first appearance on an invoice or credit card statement.
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to a Product that is not delivered within a reasonable period shall be either replacement of such Product or refund of the price paid for such Product, as determined by Stingray.
Stingray and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. Stingray shall not be liable for the removal of or disabling of access to any such Product, content or material.
You acknowledge and agree that the Service, The KARAOKE Channel website and all Products and other content on such website and available through the Service, including, but not limited to, designs, text, graphics, logos, button icons, images, pictures, music, audio clips, videos, information, editorial content, data compilations, files selection and arrangement, links, and software, are the property of Stingray and/or its licensors, and are protected by applicable intellectual property and copyright laws. You agree not to use such proprietary information and materials in any way except for use of the Service in accordance with the terms of this Agreement, including the Usage Rules. You do not obtain any rights under this Agreement in any intellectual property.
Stingray obeys all relevant copyright laws, and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
Claims can be sent to email@example.com or Copyright Claims, c/o Stingray Music USA Inc., 6420-A1 Rea Road, Suite 161, Charlotte, North Carolina, USA 28277.
Stingray shall have the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time and for whatever reason, with or without notice to you. Stingray shall not be liable to you or to any third party for exercising such rights.
If you fail, or Stingray suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Stingray with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules, or infringement or other violation of third parties' rights, Stingray, at its sole discretion, without notice to you, may (i) terminate this Agreement and/or deactivate your Account, and you will remain liable for all amounts due; and/or (ii) preclude access to the Service (or any part thereof). Provisions 11, 15, 17, 18, 21, 22, 23, 24 and 25 of this Agreement shall survive the termination of this Agreement.
If your Account is deactivated or this Agreement is terminated, Stingray may retain some information provided by you to comply with the law and/or its contractual obligations with third parties, and/or to prevent subsequent registration to the Service.
Stingray makes no guarantee, representation or warranty that its operation of The KARAOKE Channel website or your use of the Service will be uninterrupted or error-free, and you agree that the Service may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. Stingray may remove the Service for indefinite periods of time, or terminate the Service at any time, without notice to you and without liability.
The Service, and all Products, information, content and materials made available to you through the Service, are provided by Stingray "as is" and "as available". Stingray disclaims any and all warranties and representations with respect to the Service, and the Products, information, content and material available through the Service, including, but not limited to, the quality of the sound recordings, and all expressed or implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby specifically disclaimed and excluded.
Without limiting any provision herein, Stingray makes no guarantee, representation or warranty that any particular player, portable device, or other hardware will be compatible with the Service and/or the Products. It is your sole responsibility to ensure that your system(s) and/or devices will function correctly with the Service and/or the Products. Stingray shall not be liable to you or to any third party for any loss or damages to your computers, internet modems, players, portable devices or other hardware.
Stingray makes no guarantee, representation or warranty that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Stingray disclaims any liability relating thereto. You are solely responsible for backing up your own system.
STINGRAY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND LICENSORS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES.
You agree to indemnify and hold Stingray, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, representatives, contractors, and licensors harmless from and against any claim, loss, liability, damages, costs and expenses arising out of or in connection with
You agree that the laws of the state of North Carolina, in the United States, without regard to principles of conflict of laws, shall govern this Agreement. Any actions or disputes of any sort relating to this Agreement and the Service shall be exclusively adjudicated in the state or federal courts in Charlotte, North Carolina, and you consent to such venue and jurisdiction.
You may not assign this Agreement without Stingray's prior written consent. Stingray may assign this Agreement at any time without prior notice to you.
Stingray may change, revise, update, supplement or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that Stingray may impose new or additional rules, policies, terms or conditions on your use of the Service at any time. You hereby agree that the posting on The KARAOKE Channel website of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the Service after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the Service and close your Account. It is your responsibility to regularly check The KARAOKE Channel website to determine if there have been changes to these terms and to review such changes.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, complaints or other information about the Service that you wish to provide to Stingray shall be made through the Contact Us Section of The KARAOKE Channel website.
YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM STINGRAY ELECTRONICALLY. AS A USER OF THE SERVICE, STINGRAY MAY FROM TIME TO TIME SEND YOU EMAILS UPDATES ABOUT THE SERVICE OR THE CHANGES TO THIS AGREEMENT. YOU AGREE THAT ALL THESE EMAILS UPDATES AND OTHER COMMUNICATIONS THAT STINGRAY PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
Last updated: June 1, 2010