Terms and Conditions - Lawyer's Edition
Agreement to Terms of Service
These Terms and Conditions of Service (the "Terms of Service") apply to the BumperTunes, Inc. web site located at http://www.bumpertunes.com (the "Site"). The Site is the property of BumperTunes, Inc. and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
BumperTunes, Inc. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, BumperTunes, Inc. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to BumperTunes, Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without BumperTunes, Inc.'s express prior written consent.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BumperTunes, Inc. reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BumperTunes, Inc. server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BumperTunes, Inc., including any BumperTunes, Inc. account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of BumperTunes, Inc. or others.
Ownership of This Website
This website is owned and operated by BumperTunes, Inc., Inc. 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 BumperTunes, Inc., or its licensors, clients and content providers. All elements of BumperTunes, Inc.'s website, 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. "BumperTunes, Inc.", the BumperTunes, Inc. logo are registered trademarks of BumperTunes, Inc..
Unauthorized Audio Copying is Prohibited
Except as explicitly permitted under these Terms or a written agreement with BumperTunes, Inc. 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 BumperTunes, Inc. or its licensors unless otherwise expressly agreed in writing.
No Unlawful 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.
If you are under eighteen (18) years of age, you must have parental consent before ordering/purchasing any song on this site.
Licensing of Music at BumperTunes.com
The BumperTunes, Inc. website allows you to purchase licenses to specific audio recordings for specific uses. In order to download a Tune, you will be required to agree to the usage terms for the Tune and to purchase a license that limits the use of the Tune to those exact terms. The provisions of the License will control your use of the Tune. All Tunes and all rights not expressly granted in writing remain the exclusive property of BumperTunes, Inc. and its content providers. All purchases are final.
You may not use any Song to promote a business that sells or licenses Tunes, or otherwise competes with BumperTunes, Inc. in any manner.
BumperTunes, Inc. will pursue all necessary legal action and will seek all available financial compensation and damages should BumperTunes, Inc. be notified or otherwise discover any infringement or wrongful use of any Tune, information, or Content available through this website. You will indemnify BumperTunes, Inc., its affiliates and licensors against any 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 Tuness, Content and related rights.
BumperTunes, Inc. fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website. BumperTunes, Inc. 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.
Personally Identifiable Information
In order to fulfill licensing transactions or provide service to you as a customer of BumperTunes, Inc., 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 BumperTunes, Inc., 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 BumperTunes, Inc., our affiliates and any necessary payment processors. 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 BumperTunes, Inc..
BumperTunes, Inc. periodically sends promotional emails to its subscribers about services offered by BumperTunes, Inc. and its partners. If you do not wish to receive email information from BumperTunes, Inc. or its partners, please let us know by emailing us: info at bumpertunes dot com.
This website and its content are provided "as is" and BumperTunes, Inc. 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. BumperTunes, Inc. 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. BumperTunes, Inc. 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, any Licenses or elsewhere on this website, or as otherwise required by applicable law, neither BumperTunes, Inc. nor its directors, employees, licensors, content providers, affiliates 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 whether or not we have been advised of the possibility of such damages. There may be links to other websites from the BumperTunes, Inc. website; however, these other websites are not controlled by BumperTunes, Inc. 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 BumperTunes, Inc. 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.
Waiver or Amendment
No action of BumperTunes, Inc., other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right, in our sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes.