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Welcome to DirectStereo.com
General Terms & Conditions
DIRECTSTEREO.COM USER TERMS AND CONDITIONS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIRECTSTEREO.COM. STATING THE TERMS THAT GOVERN YOUR USE OF THE DIRECTSTEREO.COM WEBSITE LOCATED AT WWW.DIRECTSTEREO.COM. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF DIRECTSTEREO.COM´S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND DIRECTSTEREO.COM. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE WEBSITE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE. DIRECTSTEREO.COM ALONE RESERVES THE RIGHT TO CHANGE, ADD, OR REMOVE PORTIONS OF THIS AGREEMENT AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THE AGREEMENT EACH TIME BEFORE USING THE WEBSITE, AND YOUR CONTINUED USE OF THE WEBSITE WILL INDICATE YOUR ACCEPTANCE OF ANY CHANGES.
Directstereo.com´s aim is to help independent musicians offer their music and for music lovers to discover independent music at one central place. Through the use of the Directstereo.com website, you are permitted to listen to Samples, and obtain Digital Downloads of sound recordings ("Tracks") and related digital content.
To register for use of the Service on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this agreement to your parent or legal guardian, and he or she must click "AGREE" to enter into this agreement on your behalf. Children under 13 years of age may not register for the service, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Service, including all financial charges and legal liability that he or she may incur.
In consideration of your use of Directstereo.com, you agree to (1) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (2) maintain the security of your password and identification; (3) maintain and promptly update the Registration Data, and any other information you provide to Directstereo.com, to keep it accurate, current and complete; and (4) be fully responsible for all use of your account and for any actions that take place using your account.
You understand that by using the Directstereo.com, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use Directstereo.com at your sole risk and that Directstereo.com shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. All content types and descriptions are provided for convenience, and you acknowledge and agree that Directstereo.com does not guarantee their accuracy.
Directstereo.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Directstereo.com website. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, and to grant and authorize sublicenses of the foregoing. After posting your Content to the Directstereo.com website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. You are free to license your Content to anyone else in addition to Directstereo.com. Directstereo.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Directstereo.com) This license will terminate at the time the content is removed from the Directstereo.com services. You represent and warrant that: (1) you own the Content posted by you on or through the Directstereo.com services or otherwise have the right to grant the license set forth in this section, and (2) the posting of your Content on or through the Directstereo.com services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Directstereo.com services. The content of the Directstereo.com website and services are protected by copyright, trademark, trade secret and other laws, and Directstereo.com owns and retains all rights in the Directstereo.com content and services.
Directstereo.com may delete any Content that in the sole judgment of Directstereo.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Directstereo.com assumes no responsibility for monitoring the Directstereo.com services for inappropriate Content or conduct. If at any time Directstereo.com chooses, in its sole discretion, to monitor the Directstereo.com Services, Directstereo.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are prohibited from posting or transmitting to or from Directstereo.com any material:
Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Directstereo.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Directstereo.com by the copyright owner or the copyright owner's legal agent. Directstereo.com shall not be liable to any End User for the termination of an account hereunder and you hereby expressly agree that Directstereo.com shall at all times reserve the right to terminate any account based on the policy against copyright infringements as set forth herein. If a claim is presented against Directstereo.com in respect of uploaded content, and because thereof Directstereo.com is jeopardized, it shall thereupon serve written notice upon you, containing the full details of such claim known to Directstereo.com and thereafter until the claim has been adjudicated or settled shall hold any monies coming due you in escrow pending the outcome of such claim or claims. Directstereo.com shall have the right to settle or otherwise dispose of such claims in any manner as it, in it's sole discretion, may determine. In the event of any recovery against Directstereo.com, either by way of judgement or settlement, all of the costs, charges, imbursements, attorney fees and the amount of the judgement or settlement. therefore together with any damages sustained and amounts of any such settlements shall be charged to and paid for by you. Without limiting the foregoing, if you believe that your work has been copied and posted on the Directstereo.com services in a way that constitutes copyright infringement, please provide us at copyright@directstereo.com with the following information:
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form on this page constitutes perjury.
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Directstereo.com.
You agree that the Service, including but not limited to Products, graphics, audio clips, video clips, and editorial content, contains proprietary information and material that is owned by Directstereo.com and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, Directstereo.com and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Directstereo.com be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Directstereo.com may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
If you fail, or Directstereo.com suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Directstereo.com with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules, or infringement or other violation of third parties' rights, Directstereo.com, at its sole discretion, without notice to you may: (1) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (2) preclude access to the Service (or any part thereof). Directstereo.com reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Directstereo.com will not be liable to you or to any third party should it exercise such rights.
You agree to pay for all Products that you purchase through the Service and Directstereo.com may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Directstereo.com to charge your credit card for the above mentioned. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Directstereo.com WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If any of your billing information changes, you are responsible for updating the information in the applicable section of your "Member 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. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
All sales are final and all charges from those sales are nonrefundable.
The Service is controlled and operated by Directstereo.com in Spain. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
Directstereo.com reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Directstereo.com's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Directstereo.com has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Directstereo.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Directstereo.com's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
You are solely responsible for your interactions with other Directstereo.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
This website may contain links to third party websites. These links are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you agree to do so entirely at your own risk.
IN NO EVENT SHALL DIRECTSTEREO.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DIRECTSTEREO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIRECTSTEREO.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIRECTSTEREO.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. DIRECTSTEREO.COM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND DIRECTSTEREO.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. DIRECTSTEREO.COM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DIRECTSTEREO.COM DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM DIRECTSTEREO.COM THAT ARE STORED IN YOUR SYSTEM. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY DIRECTSTEREO.COM) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. DIRECTSTEREO.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DIRECTSTEREO.COM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD DIRECTSTEREO.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY DIRECTSTEREO.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DIRECTSTEREO.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DIRECTSTEREO.COM'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Directstereo.com is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Directstereo.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. Directstereo.com is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
Directstereo.com reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Directstereo.com website and services following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
The laws of Spain, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Directstereo.com or relating in any way to your use of the Service resides in the courts of Spain.
These Terms of Service constitute the entire agreement between you and Directstereo.com and govern your use of the Service, superseding any prior agreements between you and Directstereo.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Directstereo.com's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Directstereo.com will not be responsible for failures to fulfill any obligations due to causes beyond its control. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. 01-01-2009 |
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