To purchase downloads from PsyMP3 you must be a credit or debit card holder.
Description of Service. Through the
use of the PsyMP3 website, you are permitted to listen
to Samples (as defined below), and obtain Digital Downloads
of sound recordings ("Tracks"). PsyMP3 downloads
are only for your personal, non commercial use. You are
responsible for any hardware, systems and/or software program(s)
you use and any associated fees and expenses (a) to connect
to, browse or otherwise use the Internet, and/or (b) to
access the sites on which the Service is offered, and/or
(c) to browse, stream, download, play back, burn or transfer
the downloads accessible through the site. The Service is
not part of any other offering or product, and as such,
the purchase or obtaining of any other product shall not
be construed to represent or guarantee you access to the
Service.
Registration Data & Accounts. To
use the Service you must register and provide certain information
(e.g. a member (user) name, password, billing information,
and valid email address) to PsyMP3 for the purposes
of creating an Account. You agree to provide current, complete,
and accurate Registration Data at the time you register
and you will update your Registration Data as necessary
to keep it current, complete and accurate. PsyMP3 may
terminate your account, and any or all rights to the Service
if any information you provide is inaccurate, false, or
incomplete. You agree that PsyMP3 may store and use
the Registration Data you provide for use in billing fees
to your credit card and maintaining your accounts.
Security of Account. You are solely responsible
for maintaining the confidentiality and security of your
Account. You agree to notify PsyMP3 immediately of any
unauthorized use of your password and/or Account. PsyMP3
shall not be responsible for any losses arising out of the
unauthorized use of your Registration Data or Account, and
you agree to hold harmless and to indemnify PsyMP3,
its partners, parents, subsidiaries, agents, affiliates
and/or licensors, as applicable, for any improper, unauthorized
or illegal uses of the same. 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, PsyMP3
will terminate your Account.
Consent to Our Communication With You By E-Mail.
By establishing an PsyMP3 Account, and each time you
make a purchase through our Site, you grant permission for
PsyMP3 to contact you at your e-mail address.
Objectionable Material. When using the
service, you understand that you might encounter Content
that may be deemed objectionable, indecent, or offensive,
which content may or may not be identified as having explicit
language. You agree to use the Service at your own risk
and PsyMP3 shall have no liability to you for content
that may be found objectionable, indecent, or offensive.
Content. All music, downloaded or samples,
and all software, artwork, graphics, video, text, interfaces,
trademarks, logos, images, photographs, and any other element
of the PsyMP3 website (collectively Content), including
but not limited to the layout, election, organization, and
coordination of such Content on the website is the property
of, or is licensed to PsyMP3, and is protected by trademark,
trade dress, copyright, and other intellectual property
rights laws.
Without the prior written consent of PsyMP3, and except
as provided in this Agreement, no Content may be transmitted/translated,
publicly displayed, uploaded, published, recorded, retransmitted,
rented, sold, distributed, digitized, marketed, reproduced,
altered to make new works, performed, or compiled in any
way to any other computer, website, or other medium for
any commercial purpose.
A "Download" is a Purchased Track or other Purchased
Digital Material that you can (1) transfer to a compatible
portable device, (2) save to your hard drive with unlimited
playback time, (3) burn to a CD/DVD. PsyMP3 shall have
no liability for lost, damaged, or destroyed Downloads.
Any security technology that is provided with a Download
is an inseparable part of the Download. The Download capability
does not operate to limit any rights of the copyright owners
in Tracks or Material or any works embodied in them.
You shall be authorized to use the Downloads only for non
commercial, personal use. The Downloads are strictly limited
to your personal use and any use or sharing outside the
doctrine of Fair Use, , is in violation of Copyright and
Intellectual Property laws.
Prohibited Uses of Digital Downloads.
You may not reverse engineer, decompile, disassemble, modify
or disable any copy protection or use limitation systems
associated with the Downloads. You may not play and then
redigitize any Downloads. You may not create any "derivative
works" by altering any of the Content. You may not
use the Downloads in conjunction with any other third-party
content (e.g., to provide sound for a film). YOU MAY NOT
UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING
IS STRICTLY PROHIBITED. Any other manner of network file
sharing and transfer of Downloads to devices for such purpose
is prohibited.
Loss of Rights by PsyMP3. PsyMP3
may at any time lose the right to make certain Tracks available.
In such an event, you will no longer be able to access these
Tracks from PsyMP3 's website or obtain them from the
Site's database.
CHARGES/BILLING
Agreement to Pay. You agree to pay for
all tracks that you purchase through the Service. If any
of your billing information changes, you are responsible
for updating the information in the applicable section of
your account. You are responsible for any charges on your
account that are incurred by any person through your account,
and you are solely responsible for keeping your account
secure and confidential.
Sales to End Users Only. PsyMP3 sells
products to end user customers only, and not to music dealers,
exporters, wholesalers, or any other businesses with an
intent to resell.
PsyMP3 t's Right of Refusal. PsyMP3
reserves the right to refuse Service or sale of tracks for
any reason, to any End User.
Right to Change Prices and Product Availability.
Prices and Availability of Products (e.g., Tracks and Materials)
offered through the Service are subject to change at any
time. PsyMP3 does not provide price protection or refunds
in the event of a price drop or promotional offering.
Each Digital Download is an Individual Sale and
Subject to the Terms and Conditions of this Agreement.
Each purchase of Digital Downloads by You will be regarded
as a separate transaction and each delivery of a Digital
Download will constitute a separate sale, whether delivery
is in whole or partial fulfillment of an order.
Refunds. All sales are final and all
charges from those sales are nonrefundable. In exceptional circumstances, refunds are given at the discretion of the management.
No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Tracks
on the PsyMP3 website, it is possible that a Track may
be accidentally mispriced. In such an event, PsyMP3
reserves the right not to accept End User orders with prices
based upon typographical errors.
Taxes. You are responsible for paying
any governmental taxes imposed on your purchases, including,
but not limited to, sales, use or value-added taxes.
Order Acceptance Policy. Your receipt
of an electronic or other form of confirmation does not
(1) constitute PsyMP3 's offer to sell and (2) convey
PsyMP3 's acceptance of your order. PsyMP3 reserves
the right, at its discretion, and without prior notice to
you, and for any reason, to decline your request for Product(s),
or supply less than the quantity you ordered following receipt
of your order. Your order is deemed accepted upon delivery
of Products (i.e. completion of a Digital Download as indicated
by our servers).
Methods of Payment and Credit Card Terms.
PsyMP3 does not currently accept cash, money orders,
checks, or any other form of payment besides the credit
and debit cards listed on the site. PsyMP3 reserves
the right to change this policy at any time. You agree to
pay all fees and charges associated with your purchase(s),
(including any applicable taxes), at the rates in effect
when the charges were incurred. You, not PsyMP3, are
responsible for any unauthorized amounts billed to your
credit card by a third party. As a cardholder, your card
issuer agreement governs your use of the designated card,
and as such, you must refer to that agreement, not this
Agreement, to determine your rights and liabilities as a
cardholder. Obligation to pay for Products or Digital Download
orders previously accepted by PsyMP3 will survive your
termination of the Terms and Conditions of Usage.
Electronic Signatures and Contracts.
Your use of PsyMP3 's Service includes the ability to
enter into agreements and/or to make purchases electronically.
You agree that any submissions you make for electronic purchases
constitute your intent and agreement to be bound by the
terms of and to pay for such purchases. Your agreement and
intent to be bound by electronic submissions applies to
all records relating to all transactions you enter into
on this site, including notices of cancellation, policies,
contracts, and applications.
Privacy. For additional information regarding
PsyMP3 's use of information collected in connection
with the Service, please refer to PsyMP3 's Privacy
Policy.
Copyrights. All copyrights in and to
the Service, including but not limited to, the PsyMP3
music store (including the compilation of content, postings,
links to other Internet resources, and descriptions of those
resources), and software, are owned by PsyMP3 and/or
its licensors. The use of the software or any part of the
service, except for use of the service as permitted in this
Agreement, is prohibited and subject to civil and criminal
penalties, including possible monetary damages, for copyright
infringement.
Trademarks. All trademarks, service marks,
trade names, slogans, logos, and other indicia of origin
that appear on or in connection with the Service are the
property of PsyMP3 and/or its affiliates, licensors
and/or licensees. You may not copy, display or use any of
these marks without prior written permission of the mark
owner.
