Terms and Conditions
ETunes reserves the right, at its sole discretion, add or remove or change 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 ETunes.com following the posting of changes will signify that you accept and agree to any changes. You agree that all following purchases by you will be subject to the terms and conditions of this Terms of Use, which will apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use . If you comply with this Terms of Use and any such modifications, ETunes grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, graphics, photographs, text, images, 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 ETunes, and is protected by copyright, trade dress, and trademark laws, in addition to 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, published, retransmitted, distributed, sold, loaned, uploaded, broadcast, posted, publicly displayed, altered to make new works, performed, digitized, translated or transmitted in any way to any other computer, compiled, website or other medium or for any commercial purpose, without ETunes's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, trade secrets, copyrights, trade dress, rights of publicity or trademarks with respect to any of the Content, and ETunes reserves all rights not expressly granted hereunder. ETunes explicitly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with ETunes.com.
ETunes is a registered trademark, trademark or service mark of LMG digitalMedia LLC DBA ETunes. All icons, custom graphics, logos and service names are registered trademarks, trademarks or service marks of ETunes. All other trademarks or service marks are property of their respective owners. The use of any ETunes trademark or service mark without ETunes express written consent is strictly prohibited.
2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open an account or submit your information as “guest”. 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 ETunes 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 ETunes or any other user of the Site due to someone else gaining access to and using your password or customer account. You are prohibited to anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the ETunes.com. Should you attempt to do so, aid others in making such attempts, or distributing instructions, software or tools for that purpose, your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the sites registration process. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, copy, to access, acquire, , test or monitor any portion of the Site or any Content, probe or in any way reproduce or circumvent the navigational structure or presentation of ETunes.com or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through ETunes.com. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of ETunes.comor any of the systems or networks comprising or connected to ETunes.com.
You also agree that ETunes may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) overcoming software security features limiting use of or protecting any Content, (2) attempts to gain unauthorized access to ETunes.com or assistance to others' attempting to do so, (3) violations of this Terms of Use, (4) violations of this Terms of Use, (5) suspected or actual copyright infringement, (6) failure to pay for purchases, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that ETunes will not be liable to you or to any third party for termination of your access to ETunes.com.
3. Consent To Collection, Use & Disclosure of Your Personal Information. As explained in our Privacy Policy, you are requested disclose certain Personally Identifiable Information to use ETunes.com, register, and make purchases. As a condition of registering with our Site or making any purchases of any products or conduct any transactions, you represent that you have first read our Privacy Policy and agree to the collection, use and disclosure of your Non-Personally Identifiable Information and Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change occasionally, and as a condition of browsing ETunes.com, 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 ETunes takes reasonable steps to prevent and to safeguard unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, implied, express, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL ETUNES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, 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 ETUNES WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing an account with us, each time you make a purchase through our Site, you grant permission for ETunes to contact you at your e-mail address. To discontinue receiving our marketing emails, send an e-mail to us at support@etunes.com or follow the opt-out procedures set in such marketing emails.
6. Conditions of Sale and Payment Terms. To purchase any goods on ETunes.com you must (a) be at least eighteen years of age or the applicable state age (b) be a natural person (no corporations, partnerships or other legal entities).(c) Prior to the purchase of any goods a valid credit card number and associated payment information must be provided including all of the following: (i) your name as it appears on the card, (ii) the credit card number, (iii) the credit card type, (iv) the expiration date and (v) any activation numbers or codes required to charge your card. By submitting that information, you hereby agree that you authorize us to charge your card at our convenience but within thirty days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
7. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by American Express, VISA, Discover, MasterCard, Diner's Club, and government credit cards (each of which may be removed by ETunes in its sole discretion). Unless particularly set forth on the ETunes site. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions connected with such additional form of payment. Your card issuer agreement governs your use of your selected card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT ETUNES, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges made in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were made. Unless you notify ETunes of any discrepancies within sixty days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If ETunes does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by ETunes or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. ETunes shall automatically charge and withhold the applicable sales tax .
8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not indicate our acceptance of your order, nor does it constitute confirmation of our offer to sell. ETunes reserves the right at any time after receipt of your order to accept or decline your order for any reason. ETunes 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 ETunes upon shipment of products or performance of services that you have ordered, Title to goods pass to you upon delivery to the common carrier. We may require additional information or verifications before accepting any order.
9. No Responsibility To Sell Mispriced Products Or Services. ETunes shall reserve the right to cancel or refuse any orders placed for products and listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. ETunes shall have the right to cancel or refuse any such orders even if the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is canceled, ETunes shall immediately issue a credit to your credit card account in the amount of the charge.
10. Modifications to Prices or Billing Terms. ETUNES 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.
11. Price Comparisons. Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. The list price is the suggested retail price provided to us by our suppliers. Actual retail prices may be considerably different. As we sell our merchandise over the internet on a national basis, it is not feasible to know if our merchandise is sold at list price in any particular location or at any specific time. The amount listed that you save reflects the margin between our price and the supplier provided list price shown on our sites. Because the list price may differ from actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other local retailers or internet prior to making a purchase.
12. Service and Support for Goods Sold. All requests for technical service and support should be made to etunescustomerservice@etunes.com
13. Indemnification. You agree to indemnify and hold harmless ETunes subsidiaries, affiliates, service providers, other End Users, 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.
14. 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 ETUNES 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 INTERRUPTION, BUSINESS PROFITS, 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 ETUNES 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 ETUNES SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ETUNES 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 ETUNES SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO ETUNES BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF ETUNES. 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.
15. Disclaimer of Warranties. THE SITE, PRODUCTS, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF ETUNE’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS. EXCEPT AS EXPRESSLY STATED HEREIN, ETUNES EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE ETUNES 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.
16. 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"), LMG digitalMedia LLC DBA ETunes will terminate the account of any customer, or vendor 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 the ETunes and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, ETunes will terminate the infringing customer's account. ETunes may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), ETunes has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. ETunes respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the ETunes website, please contact LMG digitalMedia via email support@etunes.com or mail at: Attn: Legal Department, LMG digitalMedia 380 Lenox Ave Suite 3G New York, New York 10027 Any written notice describing the infringing activity must include the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; A description of the allegedly infringing work or material; Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; A description of where the allegedly infringing material is located on the site; A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
