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Sananda Maitreya Music Store TERMS OF SERVICE THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WWW.SANANDAMAITREYA.COM STATING THE TERMS THAT GOVERN YOUR USE OF THE SANANDA MAITREYA MUSIC STORE SERVICE. THIS AGREEMENT COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND WWW.SANANDAMAITREYA.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 SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND WWW.SANANDAMAITREYA.COM MAY REFUSE ACCESS TO THE SANANDA MAITREYA MUSIC STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. 1. Definition of the Sananda Maitreya Music Store. This is the service that permits you to purchase downloads of digital content created by Sananda Maitreya such as sound recordings under certain terms and conditions as set forth in this Agreement. 2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. 3. System Requirements. Use of the Service requires a compatible device, Internet access, and certain software High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements 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. 4. Policies and Rules. Your use of the Service and purchases made through it are subject to www.SanandaMaitreya.com Sales Policies at which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. 5. Privacy Policy. All personal information you provide with the registration to this service are protected by Privacy Rules and www.sanandamaitreya.com will highly respect it. 6. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. www.sanandamaitreya.com may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. 7. User Account a. Account and Password. As a registered user of the Service, you may receive or establish an account. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify www.SanandaMaitreya.com of any unauthorized use of your Account or any other breach of security. www.SanandaMaitreya.com shall not be responsible for any losses arising out of the unauthorized use of your Account. 8. Purchase of www.SanandaMaitreya.com content a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and www.SanandaMaitreya.com shall be without liability to you in the event of any loss, destruction, or damage. Usage Rules. Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. You shall be authorized to use the Products only for personal, noncommercial use. You shall be entitled to export, burn or copy Products solely for personal, noncommercial use. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owner in any content, sound recording, underlying musical composition, or artwork embodied in any Product which belong to Sananda Maitreya. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products. b. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. c. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of www.sanandamaitreya.com. Accordingly, in the event that we change any part of the Service or discontinues the Service, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that www.sanandamaitreya.com shall have no liability to you in such case 9. Territory. The Service is currently available worldwide. 10. Agreement to Pay. a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Banca Sella 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 ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WWW.SANANDAMAITREYA.COM WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time. c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND 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. d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. 11. Delivery of Products. 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 purchase price paid for such Product, as determined by www.sanandamaitreya.com. 12. Intellectual Property. a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by www.sanandamaitreya.com and Sananda Maitreya, 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. 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. b. Removal of SM Content or Other Materials. Notwithstanding any other provision of this Agreement, www.SanandaMaitreya.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 www.sanandamaitreya.com be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. c. Copyrights. All copyrights in and to the Service, including but not limited to, the Sananda Maitreya Music Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by www.sanandamaitreya.com. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF SANANDA MAITREYA AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. d. Trademarks. www.sanandamaitreya.com, the SM logo, and other SM trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of www.sanandamaitreya.com. in Italy and other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. 13. Termination. a. Termination by www.SanandaMaitreya.com. If you fail, or www.sanandamaitreya.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 www.SanandaMaitreya.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 any license to the software, or infringement or other violation of third parties' rights, www.SanandaMaitreya.com, at its sole discretion, without notice to you may: (i) 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 (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). b. Termination of the Service. www.SanandaMaitreya.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 www.SanandaMaitreya.com will not be liable to you or to any third party should it exercise such rights. 14. General Compliance with Laws. The Service is controlled and operated by www.sanandamaitreya.com from its offices in Italy. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. 15. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, we may provide links to certain third party Web sites. You acknowledge and agree that www.sanandamaitreya.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. www.sanandamaitreya.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites 16. Disclaimer of Warranties; Liability Limitations. a. WWW.SANANDAMAITREYA.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 WWW.SANANDAMAITREYA.COM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. b. 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 WWW.SANANDAMAITREYA.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. c. IN NO CASE SHALL WWW.SANANDAMAITREYA.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WWW.SANANDAMAITREYA.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. d. WWW.SANANDAMAITREYA.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 APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. e. WWW.SANANDAMAITREYA.COM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. 17. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD WWW.SANANDAMAITREYA.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, 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 WWW.SANANDAMAITREYA.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 WWW.SANANDAMAITREYA.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, 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 APPLE'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. 18. Changes. www.SanandaMaitreya.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 Sananda Maitreya Music Store 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. 19. Notices. www.SanandaMaitreya.com may send you notice with respect to the Service by sending an email message to the email address listed in your SM Account contact information. Notices shall become effective immediately. 20. Governing Law. You expressly agree that exclusive jurisdiction for any claim or dispute with www.SanandaMaitreya.com or relating in any way to your use of the Service resides in the courts of Milano- Italy. Last updated July 25th, 2005 © Copyright www.SanandaMaitreya.com - All rights reserved
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