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Please read these product terms and conditions (the "Product Terms") carefully as they affect your rights and liabilities under the law and set out the terms under which GoGoRadio makes the download service (the "Service") available to you.
1. Territory
This Service is currently available World Wide.
2. The Service
Digital music files (the "Music Downloads") will be made available for you to download once your payment has been authorised. There will be no contract of any kind between you and us unless and until you make payment for the Music Downloads. Please note that you are responsible for downloading the files and providing equipment to do so. You are also responsible for providing equipment and software to use the Downloads.
3. Usage
The availabilty of purchased music will be available to download for 7 days or 5
downloads whichever comes first. The music files which are offered for download
are protected by national and international copyright law. The download of
music files is permitted for your personal, non-commercial use only.
A "Purchased Track" is a Music Download that you can keep permanently and may (1) save to your hard drive and play back at any time, (2) burn to a CD and/or (3) transfer to a compatible portable device. Any security technology that is provided with a Purchased Track is an inseparable part of it. If you have Purchased Tracks, it is your responsibility not to lose, destroy or damage them. GoGoRadio shall have no liability to you in the event of any such loss, destruction, or damage. You may purchase Music Downloads on an individual basis or in groups as albums.
Except for your Usage Rights, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Music Downloads are prohibited and will constitute a copyright infringement.
You understand that the Music Downloads include security technology which ensures that they may only be used in accordance with the Usage Rights. In particular, each Download carries an individual digital watermark which cannot be removed. You agree not to attempt to, or assist any other person to, circumvent any of this security technology.
You agree that the information which is used to watermark the file is stored together with the information concerning your purchase and the download transaction which may be used in order to trace any infringement of the Usage Rights. You agree that this information may be disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.
4. Product Availability.
On occasion, technical problems or expiry of GoGoRadio's right to make certain Music Downloads and/or Materials available may delay or prevent delivery of Purchased Tracks to you. Receipt of your order or request does not guarantee that we can supply the selected products to you. All of the products and services on the GoGoRadio website are subject to availability and GoGoRadio therefore reserves the right in exceptional circumstances to limit the quantity of products we supply or to supply only part of an order or to divide up orders. Where any of these events occur, we will inform you as soon as possible. Your sole remedy with respect to Purchased Tracks that are not delivered will be either replacement of such products or refund of the price paid for such content, at GoGoRadio's discretion.
5. Cancellation and Defective Music Downloads
Once you have paid for the Music Downloads, we make the Music Downloads available to you through the Service. You are not able to cancel any purchase of Music Downloads after you have confirmed payment. Music Downloads may not be returned for any reason unless they are defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please email downloads@gogoradio.com by using the contact details below and, where this is due to our default, we will replace or refund to you the price you paid for the Music Download.
6. Material in the Music Downloads
You understand that some Music Downloads may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make such content clear where the suppliers of the Music Download provide us with this information, you agree that we shall have no liability to you for content within the Music Downloads that may be found to be offensive or otherwise objectionable.
7. Payment
The prices payable for the items that you order are clearly set out in the website. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before the item concerned is downloaded.
You can pay by any card showing the Mastercard, Visa, Delta or Discover. Your card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will be charged for items at this time.
We accept orders only from web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.
8. Liability
Our liability to you in connection with any order will not exceed the total price charged for the relevant Music Downloads.
9. General
These Product Terms shall be governed by and construed in accordance with the laws of the state of Maryland, USA and any disputes will be decided only by the courts.
If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
We reserve the right to modify, suspend or discontinue this Service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. You acknowledge that you may no longer be able to replace the Music Downloads if we discontinue the Service and you agree that we shall have no liability to you in that event. Where commercially practicable, we will try to give you reasonable notice of any discontinuation of the Service.
If you have an order query, please email us at downloads@gogoradio.com
Last updated: 06/09/06
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