terms of use

This is an agreement between you and Catch Media, Inc. (with its affiliates, "CM", "we" or "us") regarding the Play Anywhere® service and associated software (the "Service"). Before using the Service, please read these Terms of Use, all rules and policies related to the Service including any service plan specific rules, usage restrictions and other conditions or procedures that we post or update on or through the Service or on catchmedia.com (collectively, the "Agreement"). If you use the Service, you will be bound by the Agreement.
 
Please read this entire agreement and indicate whether or not you agree to its terms by clicking the “Accept” or “Decline” button at the end of this agreement.  Your right to access and use the application is expressly conditioned upon your acceptance of the terms of this end user license agreement for the application (“Agreement”).  If you click the cancel button, you will not be able to access the application.
 
By installing and using this application and service, you agree to be bound by the terms of this Agreement.

1. ACCEPTANCE OF AGREEMENT

This agreement is a contract between you and CM and can be accepted only by an adult of legal age of majority in the country in which you are a resident.  If you are under the legal age of majority, you must ask your parent or legal guardian to consent to this Agreement.  By clicking the Accept button yourself, you affirm that you have reached the legal age of majority and you accept this Agreement.  Some content available via the application may not be appropriate for children under a certain age.  In some cases, ratings will be displayed to indicate the suitability of content or access may be restricted to certain age groups.  Parents and guardians should supervise their children’s access to and use of the application.
 
You further acknowledge that the application may require a wireless data connection in order to function.  CM is not responsible for your ability or inability to access wireless data, or for any costs or charges incurred by you in utilizing any wireless data plan, whether through use of the application or not.  If you have questions about wireless data charges, please contact your wireless carrier.

2. THE PLAY ANYWHERE SERVICE

2.1  The Service. The Service provides features and functionality that allow you to store, retrieve, manage and play back your music and related content (collectively, "Your Music") from your Play Anywhere library.  Content will be added to your library upon the purchase of a Play Anywhere-eligible compilation or album from Catch Media. By using the Service, you are directing us to store, manage and play Your Music on your behalf.

2.2  Play Anywhere Library. Once your order has been completed, the music from the comparable album will be added to your Play Anywhere library in MP3 format. There are sometimes multiple versions of albums that vary from one another. We'll provide you an MP3 version of the music on the album that we determine is comparable to the version you purchased. If you purchase the album as a pre-order, the MP3 version of the music on the album will be added to your Play Anywhere library when the album is released. If you purchase an album that includes audiovisual or other non-music content (such as a "deluxe" album), the non-music content from the album will not be included in the MP3 version of the album that is added to your Play Anywhere library.

2.3 Unique Identifiers. Some record companies require us to insert identifiers in the metadata that accompanies music from these companies that uniquely identify it as music you have received from us ("Unique Identifiers"). This includes music you have purchased from Catch Media. These Unique Identifiers may include a random number we assign to your order or copy, purchase date and time, an indicator that the music was downloaded from Catch Media, codes that identify the album and song (the UPC and ISRC), CM’s digital signature, and an identifier that can be used to determine whether the audio has been modified. These Unique Identifiers do not affect the playback experience in any way.]

2.4 Returns and Cancellations of Play Anywhere Eligible Orders. Under the Play Anywhere program, when you purchase a qualifying compilation or album from Catch Media, you will receive access through the Service to the MP3 version of that compilation or album. If you cancel an order for an Play Anywhere-eligible compilation or album or you return a Play Anywhere-eligible compilation or album and you download any tracks of the MP3 version of a Play Anywhere-eligible compilation or album using the Service, your purchase will be considered final and will not be refundable. If you cancel your order for or return the compilation or album and you do not download any of the tracks on the MP3 version of the album using the Service, we will stop providing you access to it through the Service. The store where you made the purchase will determine if you may receive a refund.

3. USE OF THE SERVICE

3.1 Rights Granted. We grant you a non-exclusive, non-transferable right to use the Service only for your personal, non-commercial, entertainment use, subject to the Agreement. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for Your Music delivered through the Service.  No ownership rights in Your Music are transferred or assigned to you and all ownership rights in Your Music are retained by the owners of such rights. All rights granted to you regarding Your Music are granted to you personally and by license only.

3.2 Playing and Managing Your Music with the Service. You may use the Service only for personal, non-commercial use. You may not use the Service to store, transfer or distribute content of or on behalf of third parties, to operate your own content application or service, to resell any part of the Service or for any form of unlawful file sharing. You are solely responsible for Your Music, including for ensuring that it has been lawfully acquired and for complying with all applicable copyright and other laws and with the terms of any licenses or agreements to which you are bound.

3.3 Use of Your Play Anywhere Account. To use the Service, you must have a Play Anywhere account, and you may be required to be logged in to the account. You may only use your Service in connection with one Play Anywhere account. You may not share your Play Anywhere username and password with others or use anyone else's Play Anywhere username and password.
If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Service only with involvement of a parent or guardian.  CM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

3.4 Usage Restrictions. You may need to register the devices you use with the Service, and we may limit the number of devices you can register, the frequency with which you can change them, and the number of devices from which you can use the Service at any one time. The Service is offered in the United States. We may restrict access from other locations. We may impose other restrictions on use of the Service.

3.5 Our Use of Your Music to Provide the Service. We may use, access and retain Your Music in order to provide the Service to you and enforce the terms of the Agreement, and you expressly give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Music for backup purposes and access Your Music to provide technical support.

4.GRANT OF RIGHTS

4.1. Grant of License and Intellectual Property Ownership. 
Subject to your compliance with this Agreement, all content and software provided through the Service are licensed non-exclusively and revocably to you, solely for your personal, private, non-transferable, non-commercial, limited use on a limited number devices. All intellectual property rights subsisting in the Service, including all software, data, and content subsisting in or used in connection with the Service (collectively defined as "Software"), belong to CM and its licensors. This license and all use or access to Software is expressly conditioned on your compliance with this Agreement's terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws.

Your compliance with all of the following is an express condition of your license to use or access the Software. You may not, and you will not encourage, assist or authorize any other person to, sell, rent, lease, loan, sublicense, modify, adapt, arrange, translate, reverse engineer, decompile, or disassemble any portion of the Software. Except as stated in this Agreement or as CM expressly permits, you may not reproduce or transfer any portion of the Software. You may not create any derivative works, attempt to create the source code from the object code, or download or use any Software for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, the Unique Identifiers, digital rights management or authentication mechanism in connection with the Service, devices, or any of the content or services offered through the Service. You many not circumvent, disable or dupe any methodology we use to identify music on your device and match it to music from our catalog.  You may use the Software only on devices registered to your Play Anywhere account. You acknowledge that the Service and the content provided through the Service may contain security or technical features that will prevent use of such content or services in violation of this Agreement. Except as this Agreement expressly grants, CM and its licensors reserve all rights, interests, and remedies in connection with the Service and the Software. Upon termination of this Agreement, your Play Anywhere account, or license to any Software, you will immediately cease use of the Service and Software and delete or destroy copies of the Software.

Use of the terms "own," "ownership", "purchase," "sale," "sold," "sell," "rent" or "buy" on or in connection with the Service shall not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights therein from CM or its licensors to any user or third party. All other company, product, and service names and logos referenced in the Service and the Software are the marks, trade names, trademarks/service marks, and registered trademarks/ service marks ("Marks") of their respective owners. You may not use or reproduce any Marks without the owner's express written consent. You may not remove any proprietary notices or labels from any content.

4.2. Information Provided to CM. The Service and Software may scan music and related content on your device and collect other information that may be used to identify music and related content on your device, such as the names of songs, song artists and associated metadata. The Service and Software will use this information to match content that you own to content from our catalog. The Service and the Software may provide CM with information relating to your use and the performance of the Service and the Software, as well as information regarding the devices on which you download and use the Service and the Software. For example, this information may include the device type, mobile network connectivity, IP address of the device, information about your internet service provider, information about when the Software is launched, individual session lengths for use of the Service, information about the content used through the Service, or occurrences of technical errors.

5.  NO WARRANTY

AT TIMES THE APPLICATION MAY NOT BE AVAILABLE OR MAY BE AFFECTED BY FAULTS OR MAINTENANCE WORK, OR BY CIRCUMSTANCES OUTSIDE CM’S CONTROL.  NO WARRANTY IS GIVEN ABOUT THE ACCURACY, QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE APPLICATION OR ANY CONTENT OR SERVICES ACCESSED VIA THE APPLICATION.  ANY WARRANTIES, IF ANY, REGARDING MUSIC UNLIMITED ARE LISTED IN THE MUSIC SERVICE AGREEMENT.

THE APPLICATION AND ALL MATERIALS AND INFORMATION INCLUDED IN THE APPLICATION ARE PROVIDED “AS IS” WITH ALL FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CM DISCLAIMS ALL WARRANTIES, REPRESENTATION AND CONDITONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

6. CHANGES, SUSPENSION AND TERMINATION

6.1 Changes. We may change, suspend or discontinue the Service or any part of it or any part of this Agreement at any time without notice. We don't guarantee that any particular music in our catalog will be or will remain Play Anywhere enabled. There may be unusual circumstances where due to legal reasons we may no longer be able to store or provide you access to particular content.

6.2 Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If your Service is restricted, suspended or terminated, you may be unable to access Your Music and you will not receive any refund of fees or any other compensation.

7. GENERAL

7.1. Waiver. All licenses granted to you are non-exclusive. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

7.2. Amendments. We may amend the Agreement at our sole discretion by posting the revised terms in the Service or on Play-Anywhere.com.  Your continued use of the Service or the Software after any amendment evidences your agreement to be bound by it.

7.3 Severability. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

8. DISPUTES

8.1 Disputes/Binding Arbitration. Any dispute or claim relating in any way to your use of any Play Anywhere service, or to any products or services sold or distributed by Catch Media will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If any provision of the agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this agreement shall not be affected thereby. 

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CM, ITS EMPLOYEES, AFFILIATES, LICENSORS OR OPERATORS OF THIRD PARTY WEBSITES, BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY’S USE OF, MISUE OF, OR RELIANCE ON OR ACCESS TO THE APPLICATION ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF INCLUDING ANY LOSS OF DATA, DAMAGE CAUSED BY DOWNLOADING THE APPLICATION, OR USE OR MISUSE OF THE APPLICATION IN ANY WAY (INCLUDING WITHOUT LIMITATION ANY WIRELESS DATA ACCESS COSTS OR CHARGES YOU MAY INCUR AS A RESULT OF USING THE APPLICATION).  SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF CM, ITS EMPLOYEES, AGENTS, VENDORS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  TO THE EXTENT THAT ANY JURISDICTIONS DO NOT ALLOW THEM, THE ABOVE EXCLUSIONS OR LIMITATION MAY NOT APPLY.  YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION,.  THIS CLAUSE DOES NOT AFFECT CM’S LIABILTY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION.


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