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End User License Agreement
These Terms and Conditions of Use Agreement (the "Terms of Use" or "User Agreement") apply to use of the XYZMP3 website located at http://www.XYZMP3.com or other designated url by Download XYZMP3.com. (the "Service"). The Service is the property of XYZMP3.com. Before you make any purchases, you must first establish a customer account ("My Account"). These Terms of Use will govern your customer account. By clicking "I AGREE TO THE TERMS OF USE," or by purchasing from the Service you agree that you have read, understand and agree to these terms of use. If you do not agree, please do not click on the button and do not purchase from the site. Feel free to contact us with any questions regarding the Terms of Use policy. Terms of Use This notice describes our terms of use for the Service, XYZMP3.com and any other related entities. Your use of the Service will confirm your agreement to these terms and conditions as well as your acceptance of any changes we make to this Agreement. XYZMP3.com. has the right to modify or terminate this Agreement in any way at any time without notice. You further agree to abide by any rules, procedures, standards, requirements or other conditions we may establish in connection with your use of the Service. Your use of the Service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the Agreement. XYZMP3 may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. We recommend that you review this agreement periodically to be aware of such modifications as your continued access or use of the Service shall be deemed your acceptance of the modified agreement. Description of Service XYZMP3 is a worldwide music on-line retailer with digital music downloads from a wide variety of labels and content partners. Unless explicitly stated otherwise, any new features that augments or enhances the services that the Service provides, shall be subject to this Agreement. You understand and agree that the Service is provided "As Is" and the Service makes no representations or warranties of any kind, express or implied, as to the operation of this web site, or the information, content, materials, services or products included or referenced on this web site. To the full extent permissible by applicable law, the Service disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranties of non-infringement. XYZMP3.com. will not be liable to any party for direct, indirect, special or other consequential or incidental damages arising directly or indirectly from the use of this web site or the Service, including, but not limited to, any lost profits, business interruption, loss of program or other data on your information handling system or otherwise. Your Registration Obligations As a condition to registering with XYZMP3 and for purchasing any Digital Downloads or any other products, you represent that you have first read our Privacy Policy and consent to our collection, use and disclosure of your personal information. In return for our enabling you to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself on all forms (such information being the "Membership Information") and (b) maintain and promptly update the Membership Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Service (or any portion thereof). The Service attempts to be as accurate as possible. However, the Service does not warrant that product descriptions or other content of this site is fully accurate, complete, reliable, current, or error-free. Please feel free to bring any errors to our attention. It is our goal to provide an error-free Service. Links The Service may contain links to other Web sites. The Service is not responsible for the privacy practices or the content of such Web sites. Refund Policy All sales are final. Before you click purchase on the final confirmation page, make sure that what you're about to order is correct. We have a No Refund Policy. Copyright and Trademarks (a) All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of XYZMP3.com. and or our affiliates and or our content providers and protected by United States and international copyright laws. The sale of content Digital Masters from the Service is for personal use only and does not transfer to you the purchaser any commercial or promotional use rights in the Digital Masters. The compilation of all content on this site is the exclusive property of XYZMP3.com. and protected by U.S. and international copyright laws. Any software developed for use on this site is the property of the Service or its software suppliers and is protected by United States and international copyright laws. XYZMP3.com is a registered trademark of XYZMP3.com. Applicable Law By visiting the Service, you agree that the laws of the state of Texas will govern these Conditions of Use and any dispute of any sort that might arise between you and the Service. Disputes Any dispute in connection with the use of the Service or to "products" you purchase through the Service shall be submitted to confidential arbitration in San Antonio Texas, except that, to the extent you have in any manner violated or threatened to violate the Service intellectual property rights, the Service may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Site Policies, Modification, and Severability We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. Contacting the Web Site If you have any questions about these Terms of Use, the practices of this site, or your dealings with this Web site, please contact us. Our mailing address is: XYZMP3.com 2900 S. Congress, Ste. 210 Austin, TX 78704
I have read and accept the terms of the End User License Agreement.