FRESH MUSIC’S TERMS AND CONDITIONS OF USE
THESE TERMS AND CONDITIONS OF USE (“TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FRESH MUSIC, LLC (“FRESH MUSIC”). PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR PURCHASE ANY SONG. BY USING THIS WEBSITE OR PURCHASING A SONG, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.

If you are under eighteen (18) years of age, you must have parental consent before ordering any song on this site.

OWNERSHIP OF THIS WEBSITE
This website is owned and operated by Fresh Music. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Fresh Music, or its licensors, clients and content providers. All elements of Fresh Music websites, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. The word “Fresh Music” and the Fresh Music logo, are trademarks of Fresh Music registered in the United States and as may be registered in other countries.

NO UNAUTHORIZED COPYING
Except as explicitly permitted under these Terms or a written agreement with Fresh Music, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights will remain the exclusive property of Fresh Music or its licensors unless otherwise expressly agreed in writing.

NO UNLAWFUL OR PROHIBITED USES
As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.

SONG LICENSING
Fresh Music allows you to purchase licenses to specific songs for specific uses (each, a “Song”). In order to download a Song, you will be required to agree to the usage terms for the Song and to purchase a license that limits the use of the Song to those exact terms. A PDF file of the license document (“License”) will be sent to you and will serve as both invoice and license. The provisions of the License will control your use of the Song and will override any conflicting provisions in these Terms with respect to your use of the Song.

From time to time, Fresh Music may provide you the opportunity to download an MP3 file of the Song for evaluation purposes only. In this case, Fresh Music grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer’s hard drive) and use the Song solely for evaluation purposes, to test the Song (including using the Song in animatic and video sequences for evaluation purposes only), but only when used in a non-commercial manner and in no way distributed to the public or clients.

Except for those uses described above, rates and rights to use must be negotiated before use. All Songs and all rights not expressly granted in writing remain the exclusive property of Fresh Music.

Unless permitted in the License, you may not:

•Sublicense, re-license, rent or lease any Song or Content
•Copy or publish any Song or Content to a network or bulletin board
•Otherwise distribute or allow any Song or Content to be distributed to or used by anyone other than the authorized users, or synched to visuals
•Use any Song or Content in connection with any form of pornography
•Use any Song or Content in a libelous, defamatory, fraudulent, infringing or otherwise illegal manner
•Use any Song or Content to promote a business that sells or licenses Songs, or otherwise competes with Fresh Music in any manner
•Ship, transfer or export any of the Songs or Content into any country or use any of the Songs in any manner prohibited by any export laws, restrictions or regulations.
ENFORCEMENT AND INDEMNIFICATION
Fresh Music will pursue all necessary legal action and will seek all available financial compensation and damages (including statutory copyright damages up to $150,000 per item) should Fresh Music be notified or otherwise discover any infringement or wrongful use of any Song, information, or Content.

You will indemnify Fresh Music, its members, its affiliates and licensors against any and all losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.

COMMITMENT TO YOUR PRIVACY
Your privacy on the Internet is of the utmost importance to us. At Fresh Music, we want to make your experience online satisfying and safe.

Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.

USE OF INFORMATION
Fresh Music uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.

Fresh Music does not share newsletter mailing lists with third parties, including advertisers, sponsors or partners.

We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.

LICENSING/DISCLOSURE TO SATISFY THE LAW
Fresh Music reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion. In order to fulfill licensing transactions or provide service to you as a customer of Fresh Music, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to Fresh Music, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to Fresh Music, our members, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. We use standard commercial practices for keeping such data confidential, but there is no guarantee that such practices will prevent the disclosure or further distribution of such data beyond Fresh Music.

YOUR CONSENT
By using this site, you consent to the collection and use of this information by Fresh Music. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

DISCLAIMERS
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND Fresh Music EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Fresh Music MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Fresh Music NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.

Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither Fresh Music nor its members, employees, licensors, content providers, affiliates, agents or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content or Songs whether or not we have been advised of the possibility of such damages.

There may be links to other websites from the Fresh Music website; however, these other websites are not controlled by Fresh Music and we are not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against Fresh Music regarding the inclusion of links to outside websites or your use of those websites.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LEGAL
Governing Law and Venue
These Terms will be interpreted, construed and governed by the laws of the State of California, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts of located in San Francisco, California and each party agrees not to contest the personal jurisdiction or venue of these courts. Notwithstanding the foregoing, however, you agree that Fresh Music will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Fresh Music, such action is necessary or desirable.

Miscellaneous
Fresh Music reserves the right to modify, alter or change the Terms Of Use of this website, including the Privacy Policy, at its sole discretion at any time—so please check often for updates.

Please also exercise discretion while browsing the Internet. You should be aware that when you are on our website, you could be directed to other sites that are beyond our control. There are links to other sites from our website pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers may send cookies to users that we do not control. We reserve the right to disable links from any third party sites at any time.