TERMS AND CONDITIONS
MOOD ENTERTAINMENT, and MOOD ENTERTAINMENT are registered trademarks, trademarks or service marks of Mood Entertainment. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Mood Entertainment.com. All other trademarks or service marks are property of their respective owners. The use of any Mood Entertainment.com trademark or service mark without Mood Entertainment.com's express written consent is strictly prohibited.
Certain services offered on or through the Site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify Mood Entertainment.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Mood Entertainment or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time.
Mood Entertainment may disclose any information we have about you (including your identity) if we determine that it is necessary for the purpose of investigating any complaint regarding yoru use of the Site, or if we determine that it is necessary in order to comply with any applicable law, regulation legal process or governmental request, including exchanges with other entities for fraud protection purposes.
While Mood Entertainment takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL MOOD ENTERTAINMENT OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY,PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MOOD ENTERTAINMENT WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for Mood Entertainment.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at email@example.com or follow the opt-out procedures set forth in such marketing emails.
5. Digital Downloads.
Standard Usage Rules. You may download music to a single registered personal computer ("Primary Computer"). You may then transfer music files and backup license files to up to two (2) additional personal computers ("Secondary Computers") (but without rights to further transfer or copy from those Secondary Computers). You may play music an unlimited number of times on your Primary Computer and your Secondary Computers. You shall be entitled to (A) burn (only from your Primary Computer) Digital Downloads solely for personal, non-commercial use up to ten (10) times, and (B) export Digital Downloads (solely from the Primary Computer) an unlimited number of times to a Portable Device (as defined below). The foregoing are collectively referred to as the "Standard Usage Rules", and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the "Usage Rules".
Different Licensors May Require More Restricted Usage Rules. Unfortunately, certain labels and licensors of digital downloads may require stricter usage rules than the Standard Usage Rules. When applicable, we will identify these more restrictive usage rules prior to your purchase of a Digital Download that is subject to any such restrictive usage rule.
You may only download, transfer, copy and use the Digital Downloads as stated in the particular Usage Rules for that Digital Download, which Usage Rules are hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved. As a condition of purchasing each Digital Download, you represent to Mood Entertainment.com that you understand and agree to the limited uses associated with a particular Digital Download's Usage Rules.
Approved Electronic Devices For Digital Downloads. The Digital Music Downloads are sublicensed for play only upon approved electronic devices. "Approved Electronic Devices" are subject to the Usage Rules above and include the following: (i) the Primary Computer and Secondary Computer registered with this Site, and (ii) lightweight devices that receive and store digital music files, and play them back in analog form, but which are incapable of further transferring Digital Downloads ("Portable Devices"). Portable Devices must support the Windows Media Audio ("WMA") format and meet "Class 1000″ standards. WMAs are not compatible with any Macintosh Operating Systems. WITHOUT LIMITING ANY PROVISION HEREIN, MOOD ENTERTAINMENT MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER WILL BE COMPATIBLE WITH ANY DIGITAL DOWNLOAD OR THAT ANY COMPACT DISC BURNED WILL FUNCTION IN ALL COMPACT DISC PLAYERS.
Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, dissassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content (e.g, to provide sound for a film). You may not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You further agree to indemnify and hold harmless Mood Entertainment.com for your failure to comply with this section.
Conditions to Sublicensing of Digital Downloads to You. Digital Rights Management ("DRM") software will be downloaded onto your Approved Electronic Devices along with your Digital Download music files, and will limit your uses as specified in the Usage Rules. You must first install, and limit any approved uses of the Digital Music Download, using only Microsoft Corporation's Windows Media Player 9 Series, or a later higher version. You must also first install a software program that is used to compress and decompress ("codec") music files. At present, the only approved codec is Microsoft Corporation's Windows Media Audio version 9 or higher. Mood Entertainment.com reserves the right to change at any time, without prior notice to you, the software required to download, transfer, copy and use or limit use of any of the Digital Downloads. The speed at which a Digital Download can be transferred to your registered personal computer depends in large part upon the bandwidth of the connection provided to you by your Internet Service Provider. You are responsible for all charges associated with use of your Internet Service. For an estimate of the times required to download music Digital Downloads depending upon your connection bandwidth.
6. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities) at least 13 years of age, and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Mood Entertainment.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Mood Entertainment.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Mood Entertainment.com upon our delivery of products or services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Mood Entertainment.com is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
9. No Responsibility To Sell Mispriced Products Or Services. Mood Entertainment.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Mood Entertainment.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Mood Entertainment.com shall immediately issue a credit to your credit card account in the amount of the charge.
10. Modifications to Prices or Billing Terms. MOOD ENTERTAINMENT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
11. Price Comparisons, "List Price" and "You Save". Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
12. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, OR ANY SERVICE OR FEATURE OR INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS-AVAILABLE BASIS." ALL OF MOOD ENTERTAINMENT'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, MOOD ENTERTAINMENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
16. Policy to Terminate Privileges. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Mood Entertainment. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Mood Entertainment and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Mood Entertainment will terminate the infringing customer's account. Mood Entertainment may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Mood Entertainment has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Mood Entertainment.com respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Mood Entertainment website, please contact "Legal Department", via facsimile at (416) 367-3324 or mail at:
Attn: Legal Department, Mood Entertainment Inc.
99 Sante Drive
Any written notice describing the infringing activity must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
A description of the allegedly infringing work or material;
A description of where the allegedly infringing material is located on the site;
Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
If you have any questions or comments, please contact Mood Entertainment at the following address:
Attn: Legal Department, Mood Entertainment Inc.
99 Sante Drive
Last modified: July 31, 2011