Welcome to Zoomoozik.com. Take a look around, enjoy the site, and
listen to the artists. If you’re a musician, sign up; get your first
distribution contract. But we’ve got all kinds of folks that say we’ve
got to lay out all the rules that govern the site. So, in plain
language here are the basic rules:
I wish that was all we had to say. Here’s the big time legal version…
READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies
to use of the Zoomoozik website located at http://www.Zoomoozik.com/
(the "Site"). The Site is the property of Zoomoozik, LLC. (together
with its affiliated companies, including without limitation,
Zoomoozik.com). Before you make any purchases, you must first establish
a customer or Label account. Use of or accessing the
Zoomoozik.com web site constitutes your acceptance of the Terms of Use.
If you do not agree, do not use this site.
Zoomoozik reserves the right, at its sole discretion, to
change, add or remove portions of this Terms of Use, at any time. It is
your responsibility to check this Terms of Use 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. You
agree that all subsequent purchases by you will be subject to the terms
and conditions of these Terms of Use, which shall apply until a
modified Terms of Use is posted at which time they will be used in
accordance with said modified Terms of Use. As long as you comply
with this Terms of Use and any such modifications, Zoomoozik grants you
("Consumer") a personal, non-exclusive, non-transferable,
non-sub-licensable, limited privilege to enter and use the Site.
Media; Copyright and Trademark Notice. All media (downloaded
or samples), software, text, images, graphics, user interfaces, music,
videos, photographs, trademarks, logos, artwork and other content on
the Site (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 Zoomoozik, and is protected by
copyright, trade dress, and trademark laws, and various other
intellectual property rights laws. Except as expressly provided in this
Terms of Use, no part of the Site and no Content may be reproduced,
recorded, retransmitted, sold, rented, broadcast, distributed,
published, uploaded, posted, publicly displayed, altered to make new
works, performed, digitized, compiled, translated or transmitted in any
way to any other computer, website or other medium or for any
commercial purpose, without Zoomoozik's prior express written consent.
Except as expressly provided herein, you are not granted any rights or
license to patents, copyrights, trade secrets, trade dress, rights of
publicity or trademarks with respect to any of the Content, and
Zoomoozik reserves all rights not expressly granted hereunder.
Zoomoozik expressly disclaims all responsibility and liability for uses
by you of any Content obtained on or in connection with the Site.
Registration; Customer, artist and label accounts; Use of
Site. Certain services offered on or through the Site require you
to first open a customer artist or label account. You are responsible
for maintaining the confidentiality of your account information,
including your password, and for all activity that occurs under your
account. You agree to notify Zoomoozik 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 Zoomoozik or any other user
of the Site due to someone else using your password, customer or Label
account. You may not use anyone else's password or customer, artist or
label 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, artist or label account will be
terminated. You agree to provide Zoomoozik with accurate, current and
complete information about yourself and your billing information as
prompted by the registration process. You may not use any automatic
device, program, algorithm or methodology, or any similar or equivalent
manual process, to access, acquire, copy, probe, test or monitor any
portion of the Site or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Site or
any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the
Site. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
the Site or any of the systems or networks comprising or connected to
the Site. In addition, you agree that you will not use the site in such
a way as to purposely use content on the site in a systematic way, such
that the standard usage patterns on the site would be affected.
You also agree that Zoomoozik may, in its sole discretion and
without prior notice to you, terminate your access to the Site and your
customer, artist or label account for any reason, including without
limitation: (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 any Content, (3)
discontinuance or material modification of the Site or any service
offered on or through the Site, (4) violations of this Terms of Use,
(5) failure to pay for purchases, (6) suspected or actual copyright
infringement, (7) unexpected operational difficulties, or (8) requests
by law enforcement or other government agencies. You agree that
Zoomoozik will not be liable to you or to any third party for
termination of your access to the Site.
Consent To Collection, Use & Disclosure of Your Personal
Information. As more fully described in our Privacy Policy, you
must disclose certain Personally Identifiable Information to use our
Site, register, and make purchases. As a condition of registering with
our Site or making any purchases of any products and/or services or
conduct any transactions, you represent that you have first read our
Privacy Policy and consent to the collection, use and disclosure of
your Personally Identifiable Information and Non-Personally
Identifiable Information as described in our Privacy Policy. 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.
While Zoomoozik takes reasonable steps to safeguard and to prevent
unauthorized access to your personal information, we cannot be
responsible for the acts of those who gain unauthorized access, and we
make no warranty, express, implied, or otherwise, that we will prevent
unauthorized access to your private information. IN NO EVENT SHALL
ZOOMOOZIK OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR
OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD
PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR
OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ZOOMOOZIK
WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Consent To Our Communication With You By E-Mail. By
establishing an account with us, and each time you make a purchase
through our Site, you grant permission for Zoomoozik to contact you at
your e-mail address. To stop receiving our marketing emails, follow the
opt-out procedures set forth in such marketing emails, or view the Use
of Personal Information section of the Privacy statement.
Conditions of Sale and Payment Terms. To purchase any goods and/or
services on our Site, you must be at least thirteen (13) years of age.
Prior to the purchase of any goods or services on our Site, you must
provide us with a valid credit card number and associated payment
information including all of the following: (i) your name as it appears
on the card, (ii) your credit card number, (iii) the credit card type,
(iv) the date of expiration and (v) any activation numbers or codes
needed to charge your card. By submitting that information to us, you
hereby agree that you authorize us to charge your card at our
convenience but within thirty (30) days of credit card authorization.
All sales of products and services are final. All charges from those
sales are nonrefundable.
Order Acceptance Policy. Your receipt of an electronic or other form
of order confirmation does not signify our acceptance of your order,
nor does it constitute confirmation of our offer to sell. Zoomoozik
reserves the right at any time after receipt of your order to accept or
decline your order for any reason. Zoomoozik further reserves the right
any time after receipt of your order, without prior notice to you, to
supply less than the quantity you ordered of any item. Your order will
be deemed accepted by Zoomoozik upon our delivery of products or
services that you have ordered, or upon the completion of the license
and delivery of a Digital Download, as indicated by our servers. All
orders placed over $500.00 (U.S.) must obtain pre-approval with an
acceptable method of payment, as established by our credit and fraud
avoidance department. We may require additional verifications or
information before accepting any order. Zoomoozik is a reseller to
Consumers and does not accept orders from resellers, exporters,
wholesalers, any businesses of any kind or other customers who intend
to resell.
No Responsibility To Sell Mispriced Products Or Services. Zoomoozik
shall have the right to refuse or cancel any orders placed for products
and/or services listed at an incorrect price, rebate or refund, or
containing any other incorrect information or typographical errors.
Zoomoozik shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is canceled, Zoomoozik shall immediately issue a credit
to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms. ZOOMOOZIK RESERVES THE
RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR
PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE
SITE OR BY E-MAIL DELIVERY TO YOU.
Service and Support for Goods Sold. All requests for technical service and support should be made to service@Zoomoozik.com.
Indemnification. You agree to indemnify and hold harmless Zoomoozik
and its parents, sister companies, subsidiaries, affiliates, service
providers, other Consumers, distributors, licensors, officers,
directors and employees from any claim or demand, including reasonable
attorneys' fees, made by any third party arising out of or related to
your violation of this Terms of Use, or your violation of any law,
regulation or third-party right.
Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT,
DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE
PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED HEREIN, ZOOMOOZIK
EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE
ZOOMOOZIK SITE, 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.
LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF
THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN
CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL
DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL ZOOMOOZIK OR ITS
LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
AFFILIATES 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 TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY
PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR
INABILITY TO USE THE ZOOMOOZIK SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE ZOOMOOZIK SITE WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF
ZOOMOOZIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE
SITE, THE MAXIMUM LIABILITY THAT ZOOMOOZIK SHALL HAVE IS LIMITED TO ANY
AMOUNTS ACTUALLY PAID TO ZOOMOOZIK BY CONSUMER. YOU ASSUME ALL RISK OF
LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR
SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS
THAT SHALL NOT BE THE RESPONSIBILITY OF ZOOMOOZIK. YOU ACKNOWLEDGE AND
AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND
LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION
OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND
FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF
THE BARGAIN BETWEEN THE PARTIES. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
Policy to Terminate Privileges for Copyright Infringement. Pursuant
to 17 U.S.C. 512 as amended by Title II of the Digital Millennium
Copyright Act (the "Act"), Zoomoozik will terminate the account of any
customer, artist or label who uses his or her privileges to unlawfully
transmit copyrighted material without a license, valid defense or fair
use privilege to do so. After proper notification by the copyright
holder or its agent to Zoomoozik and later confirmation through court
order or an admission by the customer, artist or label that an account
has been an instrument of unlawful infringement, Zoomoozik will
terminate the infringing customer's artist’s or label's account.
Zoomoozik may also in its sole discretion decide to terminate a
customer's, artist’s, or label's account privileges prior to that time
if it has good faith belief that infringement has in fact occurred. In
addition, pursuant to 17 U.S.C. 512(c), Zoomoozik has implemented
procedures for receiving written notification of claimed infringements
and for processing such claims in accordance with the Act. Zoomoozik
respects the intellectual property of others and we ask others to do
the same. If you believe that your copyright has been infringed through
the Zoomoozik.com website, please contact "Rights Manager," via email
at Service@Zoomoozik.com. Further instructions will be forwarded to you
upon receipt of your email.
General. No delay or failure to take action under this Terms of Use
shall constitute any waiver by Zoomoozik of any provision of this Terms
of Use. If any provision of this Terms of Use is invalid or
unenforceable under applicable law, it is, to that extent, deemed
enforceable to the fullest extent possible (and severable in the event
such provision is completely unenforceable) and the remaining
provisions of this Terms of Use will continue in full force and effect.
This Terms of Use will bind and inure to the benefit of Zoomoozik's
permitted successors and assigns. Any claim under these Terms of Use
must be brought within one (1) year after the cause of action arises.
This Terms of Use shall be governed by the laws of the State of
Mississippi without regard to or application of any conflict of laws
provisions. You consent to the exclusive jurisdiction of the state and
federal courts for the State of Mississippi. This Terms of Use is
personal to you and may not be transferred, assigned or delegated to
anyone. Any attempt by you to assign, transfer or delegate this Terms
of Use shall be null and void. Zoomoozik may freely assign this Terms
of Use without consent or notice. This Terms of Use (including all
documents expressly incorporated herein by reference, including but not
limited to, the relevant Usage Rules) constitutes the complete and
exclusive agreement between Zoomoozik and you with respect to the
subject matter hereof and supersedes all prior oral or written
understandings, communications or agreements not specifically
incorporated herein.
Created on January 19, 2007
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