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General

You may only use the Services if you are 13 years of age or older, and if you comply with these Terms and all applicable local, state, and national laws, rules and regulations. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable and revocable license to access and use the Services. Your use of the Services beyond the scope of the license granted to you immediately terminates said license. Any rights not expressly granted herein are reserved.

Your Account

You must provide us with truthful and accurate information when you register to use the Services (such as your real name, a valid e-mail address, and accurate, non-fraudulent payment information) and to update such information if it becomes outdated. You are entirely responsible for maintaining the confidentiality of the password that you use to access the Services and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You may not share your password with any other person. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.

You must maintain a valid PayPal account number on your account at all times that you are permitted to use, and you agree that we may collect and store it, along with other related transaction information. If there are insufficient funds in your account to cover any fees you owe to us, you agree that we may charge the entire amount you owe us to your chosen payment method. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. If your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 0.60% per month or the lawful maximum.

Due to the storage requirements of digital media, every 30 days Sonic Row will send an automated email to the email address you provided during sign up to verify your continued use of Sonic Row. If you do not respond within 72 hours your account will be suspended. If you do not respond within 72 hours of account suspension your account may be deleted from the server.

Selling Content and Products

The Services allow you to sell digital downloads and shippable items at prices that you set using the Services. The Services may require you to charge a minimum price for digital downloads or shippable items, and may require you to purchase credits or to meet certain sales thresholds if you want to set prices at $0.

We (and our designated payment processor) will process any payments made to you using the Services, and in exchange for providing you with the Services, we will retain 10% of the total amount of each such payment (excluding any taxes or shipping fees) (the “Service Fee”).

All sales are being made directly by you to your customers, and we are not a party to the transaction; our only role in the transaction is as a service provider. Accordingly, you are solely responsible for (a) fulfilling orders for shippable items; (b) resolving all disputes with a customer; and (c) all refunds, reversals, charge-backs, disputed payments (e.g., in cases of identity theft), and PayPal fees (other than fees charged on our PayPal account) (“Refunds”). You acknowledge and agree that if your customer is a minor, the transaction may be voidable by law and you may be required to refund amounts paid. You also acknowledge and agree that, as between us, we will own any transactional data collected in connection with the Services (e.g. the average order size), and (b) any personal information collected from any of your customers in connection with the Services (e.g. email addresses) (“Customer Information”).

After deducting the Service Fee and the outstanding Refunds (if any), we will remit the balance of each payment to your account, subject to the following: (a) your right to any payment due you is conditioned upon you promptly providing us with all information we require to properly make the payment (e.g. PayPal email for a PayPal account); (b) if you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this; and (c) we may withhold, in our discretion, payments to you of certain amounts paid by credit card until adequate time has passed to ensure that the payment will not be disputed by your customer or charged back by your customer’s payment method issuer or if we reasonably believe that fraudulent activity may have occurred in connection with the payment.

It is your responsibility to maintain records and to remit any applicable taxes or tariffs that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.

You acknowledge that our billing system is not error-free, and agree that we will not be liable for any problems, miscalculations or malfunctions in processing fees or other payments due to you. If we make an error on your transaction history, we will correct it promptly after you tell us and we investigate the alleged error. You must tell us within 30 days after an error first appears on your transaction history. You release us from all liability and claims of loss resulting from any error that you do not report to us within 30 days after the error first appears in your transaction history. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time. If you are a California resident, you hereby waive the application of California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

We reserve the right to (a) provide additional copies of your digital downloads to your customers without charge who have, in our sole determination, received an incomplete, incorrect or corrupted copy, or suffered a loss through hard drive failure, damage, theft or destruction; and (b) remove digital download or shippable item listings that violate these Terms or are otherwise objectionable to us.

Restrictions on Your Use of the Services

You may not use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

You may not upload any content to the Services that:

You may not use the Services to:
You may not circumvent or manipulate the Service Fee by charging a tax rate or shipping rate higher than the applicable rate.

You may not disclose, rent, or sell any Customer Information, and you may only use Customer Information as permitted by and in accordance with applicable local, state, and national laws, rules and regulations (including, without limitation, the CAN-SPAM Act).

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 Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any of our servers, by hacking, password “mining” or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks, or any systems or networks connected to the Services.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.

Termination

We reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

You may stop using the Services and terminate your account at any time by emailing us at contact@SonicRow.com. Any obligations you have under these Terms will remain in effect even after your account is terminated.

Intellectual Property Rights

As used in these Terms: (a) “Content” means any text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials; and (b) “Use” means use, copy, publicly perform or display, distribute, stream digitally, modify, translate, create derivative works of, maintain copies of, and otherwise exploit.

You acknowledge and agree that you do not have and will not acquire any right, title and interest in and to the Services or intellectual property rights which subsist therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Other than as set forth below, we obtain no right, title or interest from you under these Terms in or to any Content that you upload to the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

By uploading any Content to the Services you give us a non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free and worldwide license to Use that Content on, through or in connection with: (a) the Services using any technologies or methodologies now known or hereafter developed; (b) our internal business purposes; and (c) in response to any subpoena or other judicial or administrative order, or to assist government enforcement agencies or otherwise as required by law.

In addition to the license set forth above, you agree that we, in our sole discretion, may use and refer to your trademarks, service marks, trade names, images, and other distinctive brand features or identification in connection with the marketing, advertising and promotion of the Services (and any products, goods, features, capabilities and/or services associated with the Services).

When you sell a digital download, you agree that you will (in the terms for the Services) be granting the purchaser a non-exclusive, non-transferable right to use, copy, store, transfer and burn the applicable Content for such purchaser’s personal, non-commercial, entertainment use. You further agree that we may allow the purchaser access to the digital download as part of a “digital locker” allowing for streaming and/or re-downloading (without incurring additional fees).

You represent and warrant that: (a) you own any Content you upload to the Services, or otherwise have the right to grant the license set forth above; (b) the uploading to the Services of that Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and (c) you have a formal written contract to record music, film and/or television if you upload any music, video, or other digital media to the Services. You agree to pay for any royalties, fees, and any other amounts owing any person or entity by reason of the Use of such Content on, through or in connection with the Services (including, without limitation, any claims for performance royalties, mechanical royalties, and use or re-use fees).

If you send us any unsolicited ideas, suggestions or materials, you agree that we will be completely free to implement, use, modify or otherwise exploit, in any way, your idea, suggestion or materials (or any part thereof) without any payment or other obligation to you, and you agree never to assert against us (or any successor to our business) any claim based on any proprietary rights therein.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE SAFE OR SECURE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF YOU HAVE ADVISED US IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES ARE FORESEEABLE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE APPLICATION OF CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. In the event that applicable law does not allow this limitation or exclusion of liability or damages, you agree that in no event shall our total liability to you for damages, losses and causes of action of any kind exceed $25 (U.S.).

Statute of Limitations

You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after that date will be barred.

Linked Websites

From time to time the Services may contain links to other independent third-party websites. Those websites are provided solely as a convenience to our users, and they are not under our control and we are not responsible for and do not endorse their content. We assume no responsibility or liability for the contents of those websites, or any products or services advertised or sold on those websites.

We may from time to time provide links to other sites as a convenience to you, and we assume no responsibility or liability for the contents or privacy practices of those other sites, or any products or services advertised or sold on those sites.

Indemnity

You agree to indemnify, defend and hold harmless us and our licensors and marketing partners, together with any respective affiliates, successors, assigns, employees, consultants, agents, directors, officers, members and shareholders, from and against any and all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to (a) your access, use or misuse of the Services, (b) your violation or alleged violation of these Terms, (c) your violation or of any law, rule, regulation or rights of others in connection with your use of the Services, (d) your use or disclosure of Customer Information, (e) your breach of any of your representations and warranties in these Terms, (e) our use of the Content you upload to the Services pursuant to these Terms, and (f) any claim arising out of or related to any digital downloads or shippable items you sell using the Services or harm they may cause.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event: (a) you will have the right, if you so choose, to engage legal counsel at your expense to assist in, but not control, the defense, and (b) you will assist and cooperate with us in asserting any available defenses at your expense.

Advertisements

The Services may display advertisements and promotions. These advertisements may be targeted based on the Content, queries made through the Services or other information. The manner, mode and extent of advertising by us on the Services is subject to change without specific notice to you.

Privacy

Please review our Privacy Policy to learn more about how we collect and use information about you via the Services. By agreeing to these Terms, you agree to be bound by and accept our Privacy Policy. Our Privacy Policy is incorporated into these Terms by this reference.

Copyright Complaints

Please review our DMCA Policy to learn more about how we respond to notices of alleged copyright infringement sent to our designated copyright agent in accordance with our DMCA Policy. We have adopted and implemented a policy for the Services that provides for the termination, in appropriate circumstances, of the accounts of repeat infringers.

Changes to these Terms

You acknowledge that changes to our business (such as new features for the Services we may develop) may require us to make changes to the Services, these Terms, our Privacy Policy, and/or our DMCA Policy (“Other Policies”) from time to time. Accordingly, we reserve the right at any time to make changes to the Services, these Terms, and our Other Policies. However, before we make a change that we reasonably determine would (a) materially decrease the functionality or features of the Services, or (b) materially alter any of your rights or obligations under these Terms or any of our Other Policies, we will notify you via the email address associated with your account at least 7 days before the changes are to be effective. You acknowledge and agree that if you use the Services after the date on which the Services, these Terms, or any of our Other Policies have changed, we will treat your continued use of the Services as acceptance of the updated Services or policy(ies) (as applicable).

Applicable Law and Disputes

The Services are controlled and operated by us in the state of Mississippi. The formation, construction and interpretation of these Terms is to be controlled by the laws of the state of Mississippi regarding agreements between Mississippi residents entered into and to be performed within Mississippi, excluding any rule or principle that would refer to and apply the substantive law of any other state or jurisdiction.

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of or relates to these Terms or your use of the Services (a “Claim”) as described below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution at conact@SonicRow.com.

You agree that any Claim you may have against us must be resolved exclusively by a state or federal court located in Lamar County, Mississippi, except as otherwise agreed by the parties or as described below. You agree to submit to the personal jurisdiction of the courts located within Lamar County, Mississippi for the purpose of litigating all such Claims.

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party to the Claim may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration (and if such election is made, the Claim must be arbitrated as provided herein). In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All Claims you bring against us must be resolved as described above. All Claims not filed or brought as described above will be considered improperly filed. Should you file a Claim improperly, we may recover attorneys’ fees and costs up to $1000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

Miscellaneous Legal Terms

These Terms constitute the whole legal agreement between you and us and govern your use of the Services (but excluding any services which Sonic Row may provide to you under a separate agreement), and completely replace any prior agreements between you and us in relation to the Services. Any waiver of these Terms by us must be given to you in writing and signed by us to be enforceable. Headings are for reference purposes only and do not limit the scope or extent of any section.

If any provision of these Terms is found to be void, invalid or unenforceable: (a) the same will be conformed to the extent necessary to comply with applicable law, or stricken if not so conformable; and (b) the remaining provisions will remain in effect.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspending or blocking your access to the Services. If we fail to enforce any provision of these Terms, it will not be considered a waiver.

All of our rights and obligations under these Terms are freely assignable in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

These Terms do not confer any third party beneficiary rights. Nothing in these Terms creates any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship.

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website (available at http://kids.getnetwise.org/tools/).

Last Revised: February 29, 2012


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