Terms Of Use

TERMS OF USE
for iVideotunes, Inc. doing business as "iVideosongs"
(EFFECTIVE AS OF JANUARY 24, 2008)

PLEASE READ CAREFULLY

These Terms of Use constitute a legally binding agreement ("this Agreement"), between you and iVideosongs, Inc. doing business as "iVideosongs." IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT AND IN IVIDEOSONGS PRIVACY POLICY AT www.ividesongs.com/privacy, CLICK "AGREE" WHEN YOU REGISTER AS A USER OF THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ALLOWED TO PURCHASE CONTENT FROM THE IVIDEOSONGS WEB SITE.

1. In General

(a) This Agreement governs your access and use of the iVideosongs web site (http://www.ivideosongs.com) (the "Site"), including the terms and conditions upon which iVideosongs' instructional music videos and other graphic, audio and audiovisual content (collectively, the "iVideosongs Content") is being offered to you, whether through "streaming" technology, as a download, or otherwise, regardless of how the Site and the iVideosongs Content is being accessed by you (i.e., whether through the Site, through Wi-Fi or cellular technology, or otherwise).

(b) iVideosongs may, without notice to you, from time to time modify any of the terms and conditions of this Agreement. You will be deemed to have accepted this Agreement, as so modified, if you continue to access the Site and any of the iVideosongs Content after any such modification has been posted to the Site. If you do not agree to, or cannot comply with, the Agreement, as so modified, you must stop accessing the Site.

(c) Your violation of any of the terms or conditions of this Agreement shall be deemed a breach by you of this Agreement (for which you could be held financially liable) and may result in your being denied further access to the Site and iVideosongs Content, without limiting any right or remedy iVideosongs may have in such event.

(d) This Agreement will remain effective until terminated by iVideosongs.

2. Parental Advisory

Parental Advisory: The Site and the iVideosongs Content are intended for persons who have attained the age of 13 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand the terms and conditions of this Agreement and agree to them.

3. Your Account Information

(a) To use some aspects of the Site and the iVideosongs Content, you may be required to register and provide certain personal information, for example, a member or user name, a password, an email address, credit card information, billing address, and telephone number (collectively, "Your Account Information"). You represent and warrant that Your Account Information is current, accurate, and complete, and you agree to update Your Account Information to keep it accurate, current, and complete. You agree that you will not provide your password to anyone else or allow anyone else to use your password or any other aspect of Your Account Information. It is your responsibility (and not iVideosongs') for maintaining the confidentiality and security of Your Account Information, and you are solely responsible for all activities that occur on or through Your Account Information. You agree to notify iVideosongs immediately of any unauthorized use of your password or other aspects of Your Account Information by using the following link info@ivideosongs.com. iVideosongs is not be responsible for any losses that arise from the unauthorized use of Your Account Information, and you agree to indemnify and hold harmless the iVideosongs Indemnitees (as defined in paragraph 13 below) for any improper, unauthorized or illegal uses of Your Account Information.

(b) By providing iVideosongs your email address, you consent to iVideosongs using that email address to send you emails related to some or all of the iVideosongs Content ("iVideosongs Emails"), including, among other things, notices required by law, in lieu of postal mail. Also, in addition to iVideosongs Emails, iVideosongs may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via written or hard copy notice or through conspicuous posting of such notice on Site, as determined by iVideosongs in its sole discretion. iVideosongs reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. Except as provided in the next sentence, you may not opt out of receiving iVideosongs Emails. You may opt out of receiving iVideosongs Emails containing special offers and promotions ("Promotional Emails") (i) by changing your account settings, or (ii) by sending an email notice to opt-out@ivideosongs.com. iVideosongs will not liable for any Promotional Emails inadvertently sent to you.

(c) Except as otherwise expressly provided for in this Agreement, the Site and Your Account Information is subject to iVideosongs Privacy Policy at www.ividesongs.com/privacy, which is expressly made a part of this Agreement. If you have not already read iVideosongs Privacy Policy, you should do so now.

4. License to iVideosongs' Services

(a) iVideosongs grants to you a limited, non-exclusive, non-transferable license to access and use the iVideosongs Content only for your personal non-commercial use only. Accordingly, you agree that you do not have the right to, and you shall not, make any copies of, or distribute, any of the iVideosongs to anyone else in any manner, regardless of whether or not you purchased the iVideosongs Content. You will not sublicense, assign, rent or transfer the license granted to you under this Agreement, and any attempt by you to sublicense, assign, rent or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement shall be deemed null and void, and without force or effect.

(b) You agree that, notwithstanding your purchase of the iVideosongs Content, iVideosongs will continue to own the copyright in and to the iVideosongs Content. ANY USE OF THE IVIDEOSONGS CONTENT NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. BE ADVISED THAT:

The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.

5. Certain Specific Restrictions

Without limiting the generality of anything else contained in this Agreement, you agree that you will not:

(a) use the Site or the iVideosongs Content to reproduce copyrighted materials;

(b) edit, change, or otherwise alter in any way any of the iVideosongs Content or use the iVideosongs Content, or any portion thereof, in any other work;

(d) use any data mining, robots, or similar data gathering and extraction tools with regard to the Site or the iVideosongs Content; or

(e) use the iVideosongs Content in any way that violates the terms of this Agreement.

6. Trademarks

The iVideosongs' names and logos and those of third parties that appear on the Site or in the iVideosongs Content are protected under trademark law. You have no right or license to reproduce, distribute or otherwise use the names and logo that appear on the Site or in the iVideosongs Content.

7. Security

You understand that the Site and the iVideosongs Content may include a security framework that use technology that protects the digital information and limits your usage thereof, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Site or the iVideosongs Content for any reason whatsoever. You shall not modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Site or the iVideosongs Content. You shall not access or attempt to access another person's account on the Site. VIOLATIONS OF THE SECURITY BY YOU WILL NOT ONLY BE A BREACH OF THIS AGREEMENT, IT MAY ALSO RESULT IN YOUR CIVIL OR CRIMINAL LIABILITY.

8. IVideosongs Content Requirements

You acknowledge that your use of the iVideosongs Contents may require the use of other hardware and software (e.g., a computer), and that iVideosongs has no responsibility for such hardware and software. You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to access the Site and to use the iVideosongs Content. Once an iVideosongs Content is purchased and received by you, it is your responsibility not to lose, destroy, or damage the IVideosongs Content, and iVideosongs will not be without liability to you in the event of any loss, destruction, or damage.

9. Privacy Policy

iVideosongs cares about your privacy. It is important that you read and understand the terms of iVideosongs' privacy policy, which you can access at www.ividesongs.com/privacy. You agree and acknowledge that iVideosongs may cooperate with and disclose information (including Your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Site and the iVideosongs Content.

10. Agreement to Pay

(a) If you purchase any iVideosongs Content, you agree to pay all fees and charges associated with your purchases on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in Your Account Information; you may designate a different credit card to be billed, or change the applicable expiration date on your currently designated card by going to www.ividesongs.com/store/billing.aspx.

(b) iVideosongs currently accepts MasterCard, Visa, American Express and Discovery credit cards. IVideosongs may also accept certain stored value cards provided or obtained by select content, merchandise and distribution partners. Billing to your credit card occurs when you select a title from library of iVideosongs Content. If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.

(c) Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time and iVideosongs reserves the right to raise or lower prices at any time.

(d) iVideosongs purchases will include sales tax based on the bill-to address and the sales tax rate in effect at the time your purchase is completed. If the sales tax rate for the billing address changes before the purchased digital content is downloaded, the new tax rate in effect at the time of download will apply. IVideosongs will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for purchases made on the iVideosongs site.

11. DISCLAIMERS

(A) THE IVIDEOSONGS CONTENT (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES ARE LICENSED TO YOU "AS IS." ANY USE OF THE IVIDEOSONGS CONTENT WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IVIDEOSONGS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IVIDEOSONGS MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE IVIDEOSONGS CONTENT WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND IVIDEOSONGS DISCLAIMS ANY LIABILITY RELATING THERETO.

(B) IVIDEOSONGS MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SITE OR THE IVIDEOSONGS CONTENT WILL BE RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, IVIDEOSONGS MAY MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR THE IVIDEOSONG CONTENT OR YOUR USE OF THEM. WHENEVER IVIDEOSONGS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR THE IVIDEOSONGS CONTENT, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

(C) YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO IVIDEOSONGS IS AT YOUR OWN RISK. IVIDEOSONGS DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

(D) YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE SITE OR THE IVIDEOSONGS CONTENT. IVIDEOSONGS WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.

(E) SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE IVIDEOSONGS CONTENT MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT IVIDEOSONGS ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.

12. LIMITATION OF LIABILITY

(A) IN NO EVENT WILL IVIDEOSONGS BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF IVIDEOSONGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IVIDEOSONGS OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

(B) IVIDEOSONGS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (IVIDEOSONGS $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE IVIDEOSONGS CONTENT AT ISSUE.

13. INDEMNITY

YOU WILL INDEMNIFY AND HOLD IVIDEOSONGS AND ITS LICESNORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS (COLLECTIVELY, "IVIDEOSONGS INDEMNITEES") HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR (B) YOUR USE OF THE IVIDEOSONGS CONTENT IN VIOLATION OF THIS AGREEMENT.

14. Miscellaneous

(a) iVideosongs or its business partners may present advertisements or promotional materials via the Site and the iVideosongs Content. Your dealings with, or participation in promotions of any third-party advertisers via the Site or the iVideosongs Content are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that iVideosongs is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site or the iVideosongs Content.

(b) The Site or the iVideosongs Content may contain links to third-party web sites or third-party services not owned or operated by iVideosongs. iVideosongs is not responsible for the availability of these third-party sites or services or their contents. You agree that iVideosongs are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.

(c) This Agreement is be governed by the laws of the State of Georgia. The exclusive jurisdiction for any claim, action or dispute with iVideosongs or relating in any way to your use of the iVideosongs Content will be in the state and federal courts of the State of Georgia and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Buckhead, GA.

(d) YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND IVIDEOSONGS AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, AND ANY OTHER COMMUNICATIONS BETWEEN IVIDEOSONGS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF IVIDEOSONGS' RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND IVIDEOSONGS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND IVIDEOSONGS MAY REFUSE ACCESS TO THE SITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

(e) If you have any questions concerning this Agreement or need technical support, you may contact iVideosongs' support by visiting http://www.ivideosongs.com/support/.

iVideosongs