Music Terms Of Service
1. Using Our Music Services.
This Agreement governs your use of Nurse Mother Caregiver’s music services (“Music Services”), through which you can download song, recordings and downloadable music (the “Music Content”).
You can acquire Music Content on our Music Services for a fee of $99 cents per download (or $9.99 per album), which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Nurse Mother Caregiver.
2. Scope of License.
The Products transacted through the Music Services are licensed, not sold, to you for use only under the terms of this license.
A. Scope of License: This license granted to you for the selected downloadable recordings (the “Music Selection”) described in the check-out form (“Check Out Form”) is subject to your compliance with these Music Policy Terms. The Check Out Form sets forth the Music Selection being purchased, and applicable fees.
The license transferred hereunder is limited to a non-transferable license to use Music Selection on any computer or device that you own or control and as permitted by the Usage Rules set below (the “Usage Rules”). This license does not allow You to use the Music Selection on computers or devices that You do not own or control, and You may not distribute or make the Music Selection available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Music Selection. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Music Selection, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Music Selection). Any attempt to do so is a violation of the rights of the author of the Music Selection and its licensors. If You breach this restriction, You may be subject to prosecution and damages.
B. Termination. The license is effective until terminated by You or Us. Your rights under this license will terminate automatically without notice from us if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Music Selection, and destroy all copies, full or partial, of the Music Selection.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Music Services. No portion of the Music Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Music Services, in any manner, and You shall not exploit the Music Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Music Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the we are in no way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Music Services.
3. Music Content Usage Rules.
The Use Rules are as follows:
- You may use the Music Services and Music Selection only for personal, noncommercial purposes.
- Nurse Mother Caregiver’s delivery of the Music Selection does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
- You can use the Music Selection on up to five different computer or device that you own.
- It is your responsibility not to lose, destroy, or damage the Music Selection once downloaded. We encourage you to back up your Music Selection regularly.
- You may not tamper with or circumvent any security technology included with the Music Services.
- You can use Digital Rights Management (DRM)-free Content on a reasonable number of compatible devices that you own or control. DRM-protected Content can be used on up to five computers and any number of devices that you sync to from those computers.
- You may burn an audio playlist to CD for listening purposes up to seven times.
4. No Warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MUSIC SELECTION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MUSIC SELECTION AND ANY SERVICES PERFORMED OR PROVIDED BY THE MUSIC SELECTION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MUSIC SELECTION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MUSIC SELECTION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MUSIC SELECTION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MUSIC SELECTION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MUSIC SELECTION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MUSIC SELECTION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MUSIC SELECTION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Music Selection except as authorized by United States law and the laws of the jurisdiction in which the Music Selection was obtained. You also agree that you will not use these products for any purposes prohibited by United States law.
6. Intellectual Property.
You agree that the Music Services, including but not limited to Music Content, user interface, audio clips, video clips, editorial content, contain proprietary information and material that is owned by Nurse Mother Caregiver and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Music Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Music Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Music Services or Content in any manner, and you shall not exploit the Music Services in any manner not expressly authorized.
7. Copyright Notice.
You hereby grant Nurse Mother Caregiver the right to take steps Nurse Mother Caregiver believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Nurse Mother Caregiver has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Nurse Mother Caregiver believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Nurse Mother Caregiver's right to cooperate with any legal process relating to your use of the Music Services and/or Music Content, and/or a third-party claim that your use of the Music Services and/or Content is unlawful and/or infringes such third party's rights).