Terms of Service
This document was last updated July 1, 2010.
Welcome to ScatterTunes™. These Terms of Service are a legal agreement ("the Agreement") between you and ScatterTunes, LLC ("ScatterTunes", "we", "us", "our") stating the terms that govern your use of the ScatterTunes™ iBoard® Services (collectively, the "Services"). The Services consist of the ScatterTunes™ iBoard®, including the Store and My Music Player, which enables users to search, discover, and purchase music, as well as manage their own music library, and the V-Album iBoard®, including the V-Album Player, which enables users to access, manage and use their V-Albums.
Please read this entire Agreement carefully. You must accept and abide by the terms of this Agreement in order to use the Services, including in connection with any purchases made by you via the Services. ScatterTunes™ may, from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as amended, you must stop using the Services.
2. Age Requirement.
- Finally, except as expressly provided herein, the Services are subject to the terms and conditions of the ScatterTunes™ iBoard® Software License Agreement ("Software License"), which can be viewed during installation of the software to your computer, and any and all software license agreements that you have or hereafter are required to agree to and be bound by in connection with your use of any software contained in the Services.
The Services are available only to individuals who are thirteen (13) years of age or older. We are relying on your representation that you are at least 13 years of age and we would not enter this Agreement with you and would not allow you to access the Services but for your representation that you are at least 13 years of age. If you are under the age of 18 but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Services.
3. Information Provided By You.
4. Store Account; Software & Services Security.
- Account and Password. As a registered user of the Services, you may receive or establish an account ("Store Account"). You are solely responsible for maintaining the confidentiality and security of your Store Account. You should not reveal your Store Account information to anyone else, and must not use, or attempt to access or use anyone else's account. You are entirely responsible for all purchases and other activities that occur on or through your Store Account, and you agree to immediately notify us of any unauthorized use of your Store Account or any other breach of security. We shall not be responsible for any losses arising out of unauthorized use of your Store Account.
- Software. You must agree to any terms and conditions applicable to software available from the Site prior to your downloading of any software from the Site, including the Software License. Once you have consented to such terms and conditions, you may receive automatic updates or patches pertaining to such software. You understand and agree that any material, including but not limited to downloaded software, required or automated updates, modifications, reinstallations, or software otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result from any such material. We recommend that you download the latest version of Services when offered to you as certain transactions may not be available to you if you are running an older version.
- Security. You understand that the Services, and products purchased through the Services, such as music, images, video, artwork, text, software and other copyrightable materials of ScatterTunes™, its principals or its licensors ("ScatterTunes™ Products"), may include a security framework using technology that protects digital information and imposes usage rules established by us, our principals and/or our licensors ("Usage Rules"). The Usage Rules are set forth in Section 7 below. You agree that your purchase of ScatterTunes™ Products constitutes your agreement to use such ScatterTunes™ Products solely in accordance with the Usage Rules, and that any other use of the ScatterTunes™ Products may result in civil or criminal liability. We reserve the right to modify the Usage Rules at any time. Your compliance with the Usage Rules may be monitored by us, and we reserve the right to enforce the Usage Rules with or without notice to you.
5. Technical Requirements.
You acknowledge that use of ScatterTunes™ Products requires other hardware and software tools (e.g., for making copies of ScatterTunes™ Products on physical media and rendering performance of ScatterTunes™ Products on authorized digital player devices), and that such hardware and software is your sole responsibility. Once a ScatterTunes™ Product is downloaded, and you receive it, we, our principals and licensors shall be without liability to you in the event of its loss, destruction, or damage. We reserve the right to change at any time, with or without prior notice to you, the software required to download, transfer, copy and use or limit use of the ScatterTunes™ Products.
6. Objectionable Material.
7. Interactive Features.
You understand that by using the Services you may encounter certain content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or mature content. Nevertheless, you agree to use the Services at your sole risk and that we, our principals and licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
We may elect to offer interactive features via the Services that allow you to submit or post information, materials or links to third party content on areas of the Services accessible and viewable by third parties, including other users of the Services. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Services, and hereby grant us a worldwide, royalty-free, non-exclusive license to use such materials as part of the Services, and in relation to ScatterTunes™ Products, without any compensation or obligation to you. We reserve the right to refrain from posting or publishing any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. We have the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Services, to investigate any violation of this Agreement, and to take any action that we in our sole discretion deem appropriate.
8. Usage Rules.
- You are entitled to download, export, burn or copy ScatterTunes™ Products solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any ScatterTunes™ Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. All rights in the ScatterTunes™ Products are owned by ScatterTunes™, its principals or its licensors and you have only a limited, nontransferable, nonexclusive, right to use the ScatterTunes™ Products for personal, non-commercial use in accordance with the terms of this Agreement. Notwithstanding anything to the contrary in this Section 8, ScatterTunes™ Products that are downloads or other products containing Sony Music Entertainment products are sold and/or distributed (and not licensed) directly to you by SBME Digital LLC, as principal, via its agent, ScatterTunes™.
- You may not reproduce (except as noted above), publish, transmit, distribute, publicly display, broadcast, re-broadcast, publicly perform, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the ScatterTunes™ Products, the Services or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the ScatterTunes™ Products. You may not play and then re-digitize any ScatterTunes™ Products, or upload those ScatterTunes™ Products to the Internet. You may not use the ScatterTunes™ Products in conjunction with any other third-party content (e.g., to provide sound for a film). You may not use a free or purchased track as a musical "ringer" in connection with phone calls.
- All ScatterTunes™ Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell", "purchase", "order", or "buy" on the Services or this Agreement (except, to avoid doubt, as used in the last sentence of Section 8(a) above).
- Without limiting any provision herein, we make no warranty that any particular compact disc burner or portable device will be compatible with the Services or that any compact disc burned using the Services will function in all compact disc players. It is your sole responsibility to ensure that your recording and playback system(s) will function correctly.
- You acknowledge that certain ScatterTunes™ Products contain security technology that limits your use of ScatterTunes™ Products in accordance with the Usage Rules. The security technology is an inseparable part of these ScatterTunes™ Products.
- The V-Album/V-Wrap application contains music-related metadata,
including lyrics from Gracenote, Inc. of Emeryville, California
("Gracenote ("Gracenote Data"). You may use Gracenote Data only by
means of the intended subscriber functions of this application or
- The Gracenote Data may contain content belonging to Gracenote's
providers. If so, all of the restrictions set forth herein with
respect to Gracenote Data shall also apply to such content and such
content providers shall be entitled to all of the benefits and
protections set forth herein that are available to Gracenote.
- You agree that you will use Gracenote Data only for your own
personal non-commercial use. You agree not to assign, copy, transfer
or transmit the Gracenote Data to any third party. YOU AGREE NOT TO
USE OR EXPLOIT GRACENOTE DATA EXCEPT AS EXPRESSLY PERMITTED HEREIN.
YOU AGREE NOT TO USE ANY COPYRIGHTED WORKS SUPPLIED OTHER THAN AS
LICENSED. YOU AGREE NOT TO DEFEAT, EVADE OR CIRCUMVENT ANY SYSTEM
DESIGNED TO PROTECT LYRICS FROM UNAUTHORIZED USES.
- You agree that your non-exclusive license to use the Gracenote
Data and Lyrics will terminate if you violate any of these
restrictions. If your license terminates, you agree to cease any and
all use of the Gracenote Data. Gracenote and its suppliers reserve
all rights in the Gracenote Data, including all ownership rights.
Under no circumstances will Gracenote become liable for any payment to
you for any information that you provide. You agree that Gracenote,
Inc. may enforce its rights under this Agreement against you directly
in its own name.
- The Gracenote service uses a unique identifier to track queries
for statistical purposes. The purpose of a randomly assigned numeric
identifier is to allow the Gracenote service to count queries without
knowing anything about who you are. For more information, see the web
- Each Gracenote Data are licensed to you "AS IS." Gracenote,
ScatterTunes LLC, and its suppliers make no representations or
warranties, express or implied, regarding the accuracy of any Lyric or
any Gracenote Data. Gracenote and/or ScatterTunes LLC reserves the
right to delete data from Gracenote Servers or to change data
categories for any cause that Gracenote deems sufficient or remove
Data or any cause that Gracenote and/or ScatterTunes LLC deems
sufficient. No warranty is made that the Gracenote Data are error-free
or that functioning of Gracenote Service will be uninterrupted.
Gracenote is not obligated to provide you with new enhanced or
additional data types or categories that Gracenote may provide in the
future and is free to discontinue its services at any time.
- GRACENOTE, SCATTERTUNES LLC AND THEIR SUPPLIERS DISCLAIM ALL
WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. IN NO CASE WILL GRACENOTE, SCATTERTUNES
LLC OR THEIR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
- CD, DVD, Blu-ray Disc, and music- and video-related data from
Gracenote, Inc., copyright © 2000-present Gracenote. Gracenote
Software, copyright © 2000-present Gracenote. One or more patents
owned by Gracenote may apply to this product and service. See the
Gracenote website for a non-exhaustive list of applicable Gracenote
patents. Gracenote, CDDB, MusicID, MediaVOCS, the Gracenote logo and
logotype, and the "Powered by Gracenote" logo are either registered
trademarks or trademarks of Gracenote in the United States and/or
© Gracenote 2010
10. Purchases of ScatterTunes™ Products.
11. Policies and Other Restrictions For ScatterTunes™ Purchases.
- Payment for ScatterTunes™ Products. You agree to pay for all ScatterTunes™ Products you purchase through the Services, and that ScatterTunes™, on behalf of itself or its principals (as applicable), is authorized to bill your chosen payment method for any ScatterTunes™ 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 Store Account. ScatterTunes™ normally authorizes your first order plus $5 (five dollars) which may show as a higher amount on your credit card statement. Once the daily total has been invoiced to you, the original hold on your credit card will disappear (normally within a few hours, depending on your bank). You are only invoiced for the actual amount of your purchase, plus any applicable taxes. You are responsible for the timely payment of all fees and for providing ScatterTunes™ with a valid payment method for payment of all fees. All fees will be billed to the payment method you designate during the account creation process. If you want to designate a different payment method or if there is a change in your credit or debit card status, you must change your credit or debit card information online at the My Profile: Store Account section of the Services. (There may be a temporary disruption of your access to the Services until ScatterTunes™ can verify the validity of the new credit or debit card information).
- Electronic Contracts. Your use of the Services 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 such agreements and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into in the course of using the Services, including notices of cancellation, policies, contracts, and applications.
- Payment Methods. We currently accept all major credit cards, and Visa or MasterCard branded debit cards. If using a credit or debit card, we obtain a pre-approval from the issuing bank at the time your order is placed. Your credit or debit card will be billed within 24 hours of the ScatterTunes™ Product being "shipped". For purposes of the Services, an order will be deemed "shipped" when the link for the ScatterTunes™ Product download is presented to you. We may bill your chosen payment method after each individual ScatterTunes™ Product is shipped, or may aggregate multiple purchases you make through the Services into a single charge to your account. We are unable to accept credit or debit cards issued by banks outside of the United States. Debit cards and credit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please review the data you have entered to ensure it is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card.
- Sales Tax. Purchases of ScatterTunes™ Products via the Services will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. If the sales tax rate for the billing address changes before the ScatterTunes™ Product is purchased, the new tax rate in effect at the time of purchase will apply. We will only charge tax in states and localities where music downloads are taxable. No customers are eligible for tax exemptions for purchases made on the Services.
- Prices. We or our principals reserve the right to change prices for ScatterTunes™ Products offered via the Services at any time.
- Customer Service. For assistance with billing questions or other order inquiries, please refer to our online support page by choosing the "Help Menu" in the Services and accessing the "Contact Us" Form. If you cannot find the answers you are seeking, you can contact us via email at support@ScatterTunes.com or by phone at (877) 771-0123 - Ext. 10.
- All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement. Except as otherwise set forth in Section 8(a) above, we are a reseller to you. We do not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
- We, our principals and/or our licensors may, from time to time, remove ScatterTunes™ Products, or portions thereof, from the Services without notice.
- Purchases from the Services are available only in the United States and are not available in any other location. You agree not to use or attempt to use the Services from outside of the United States. We may use technologies to verify your compliance. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
- You must use the ScatterTunes™ Product(s) in accordance with the Usage Rules set forth in Section 7 above.
- We or our principals may provide links to certain third-party web sites in connection with certain content offered for purchase and displayed on the Services. For example, certain merchandise items contained on the V-Album iBoard® are only available for purchase from a third party website whereby the user must click-through to such third party website. In that connection, the policies and restrictions of such third parties regarding purchases and use of such items shall apply. We encourage you to read those policies. We and our principals assume no risk, liability or responsibility whatsoever for the products, policies or services of any such third parties.
- You acknowledge and agree that certain ScatterTunes™ Products may not contain content that is otherwise contained in other ScatterTunes™ Products of the same or similar nature. For example, certain items available on V-Albums via the V-Album iBoard® such as, but not limited to, merchandise, lyrics, live concert tickets and live broadcasts, may not be available on some V-Albums, but may be available on other V-Albums. You further acknowledge and agree that at any time, content may be added or removed from a ScatterTunes™ Product that is available for purchase via the Service. For example, a V-Album that is purchased by you may not contain all or some lyrics within that V-Album, but the same V-Album may be updated later and made available for sale containing all of the lyrics within that same V-Album. For the avoidance of doubt, it is understood that neither we nor our principals are in any way obligated to provide any updates whatsoever to any ScatterTunes™ Products following the purchase of any ScatterTunes™ Products and assume no risk, liability or responsibility whatsoever by the fact that there may exist variances between or among ScatterTunes™ Products of same or similar nature, whether prior to, or after, purchase.
12. Delivery of Product.
We make every effort to provide a broad music offering. For this reason, we must reserve the right to change music options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular ScatterTunes™ Product. Your exclusive and sole remedy with respect to such ScatterTunes™ Product that is not delivered within a reasonable period will be either replacement of such ScatterTunes™ Product, or refund of the purchase price paid for such ScatterTunes™ Product, as determined by us or our principals (as applicable) in our or their sole discretion.
13. Intellectual Property.
- Acknowledgement of Ownership. You agree that the Services, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Services, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Services, are owned by us, our principals and/or our licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Services or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. You acknowledge and agree that your rights with respect to the Services will be limited by copyright law and you agree to make no use of the Services that would infringe on the copyright in the elements thereof. Except as otherwise expressly set forth herein, no portion of the Services or any element thereof 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 Services or any element thereof, in any manner, and you shall not use the Services or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
- Trademarks. ScatterTunes™, the ScatterTunes™ logo, and other ScatterTunes™ trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of ScatterTunes, LLC or its affiliated companies in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services or otherwise for description or informational purposes are the trademarks of their respective owners, including without limitation, iBoard®, which is a registered trademark owned by MC Squared Incorporated and iTunes® which is a registered trademark of Apple Computer, Inc. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademark, and each of the aforesaid trademarks shall inure to the benefit of its respective owner.
We, in our sole discretion, reserve the right to modify, suspend or discontinue the Services at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to ScatterTunes™ Products, content or other materials comprising a part of the Services. We will not be liable for the removal of or disabling of access to any ScatterTunes™ Products, content or other materials under this Agreement. We further reserve the right, in our sole discretion, to terminate this Agreement with you and/or your use of the Services (or any part thereof) at any time, with or without notice, for any or no reason. In particular, if you fail, or we suspect 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 us with a valid credit card or with accurate and complete User Data, failure to safeguard your Store Account information, or violation of the Usage Rules, we, at our sole discretion and without notice to you, may: (a) terminate this Agreement and/or your Store Account, and you will remain liable for all amounts due under your Store Account up to and including the date of termination; and/or (b) preclude access to the Services (or any part thereof). The provisions of this Agreement that are constructed to survive the termination of this Agreement shall remain in full force and effect.
15. General Compliance with Laws.
The Services is controlled and operated by ScatterTunes™ from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.
16. Enforcement of This Agreement.
We reserve the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or ScatterTunes™ Products, and/or a third-party claim that your use of the Services and/or ScatterTunes™ Products is unlawful and/or infringes such third party's rights). You agree that we have the right, without liability to you, to disclose any User Data and/or Store Account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or ScatterTunes™ Products, and/or a third-party claim that your use of the Services and/or ScatterTunes™ Products is unlawful and/or infringes such third party's rights).
17. Third-Party Materials or Websites.
Certain content, ScatterTunes™ Products, and services available via the Services may include materials from third parties. In addition, ScatterTunes™ may provide links to certain third-party web sites. You acknowledge and agree that we are not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. We, our principals and licensors do not warrant or endorse and do not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.
18. Disclaimer of Warranties; Limitation of Liability.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE, OUR PRINCIPALS AND LICENSORS DISCLAIM ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS (INCLUDING, WITHOUT LIMITATION, SCATTERTUNES™ PRODUCTS) AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE 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, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, PRINCIPALS, LICENSORS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON (EACH, A "SCATTERTUNES™ PARTY") FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR SCATTERTUNES™ PRODUCTS, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ANY SCATTERTUNES™ PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANY SCATTERTUNES™ PARTY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OF JURISDICTIONS, THE LIABILITY OF EACH SCATTERTUNES™ PARTY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND EACH SCATTERTUNES™ PARTY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
EACH SCATTERTUNES™ PARTY MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE SCATTERTUNES™ PRODUCTS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICES WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE SCATTERTUNES™ PRODUCTS AND THE SERVICES.
19. Waiver and Indemnity.
By using the Services, you agree to indemnify and hold us, our principals and licensors and our and their respective directors, officers, employees, affiliates, agents and contractors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Services, or any action taken by us 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. You cannot sue or recover any damages from us, our principals and licensors and our and their respective directors, officers, employees, affiliates, agents and contractors as a result of its decision to remove or refuse to process any information, ScatterTunes™ Product, or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of our conclusion that a violation of this Agreement has occurred.
We reserve 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 Services. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services following the posting of changes will mean that you accept and agree to any such additional terms, which if imposed, are hereby incorporated into this Agreement by this reference.
21. Governing Law; Remedies.
- The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Services resides in the courts located in the County of Lubbock, in the State of Texas.
- You understand and agree that any unauthorized use of the Services (including all elements thereof), the ScatterTunes™ Products, or any related software or materials, would result in irreparable injury to us and/or our affiliates, principals and/or licensors for which money damages would be inadequate, and in such event we, our affiliates, principals and/or licensors, or the owners of the copyright in any ScatterTunes™ Product available through the Services, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our affiliates, principals and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
for the Site, and the Software License
constitutes the entire agreement between you and us regarding the Services and governs your use of the Services, superseding any prior agreements between you and us relating to the Services. 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 this Agreement 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. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. We will not be responsible for failures to fulfill any obligations due to causes beyond our control. We obtain permission from record companies and other content owners to make their musical and other content available to you through the Services. You agree that the content owners, including, but not limited to, our principals, that license their musical and other content to us or sell their musical and other content directly to you via the Services are intended third-party beneficiaries under this Agreement and will have the right to receive the benefit of all rights and remedies available to us that concerns their content and to enforce any and all of your obligations hereunder and/or the provisions of this Agreement with respect to their content to the same extent as if they were parties to this Agreement.
Copyright © 2011 ScatterTunes, LLC. All Rights Reserved. iBoard is a registered trademark of MC Squared Incorporated. iBoard is a registered trademark of, and licensed hereunder, by MC Squared Incorporated.