THE UNTZ’S MUSIC SAMPLER TERMS AND CONDITIONS
1. PROMOTIONS. As part of promotions on www.theuntz.com, we will provide digital music samples (collectively “Promotion(s)”) that you may download or stream in accordance with the terms set out hereinbelow. BY REGISTERING FOR A PROMOTION BY THE UNTZ.COM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO READ THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM. Promotions are subject to modification or limitation at any time, with or without notice, in The Untz’s sole discretion.
2. REGISTRATION AND SECURITY. To participate in download promotions provided by The Untz you must be a registered user of www.theuntz.com. To register you must provide certain information including a user name, password and valid email address. The Untz will use this information in accordance with its privacy policy set out hereinbelow. We will then send you an email with a link which you must validate in order to access the samples for download.
3. PERMITTED USE AND COMPLIANCE WITH TERMS AND CONDITIONS.
a. You agree not to access music files provided by The Untz in a non-permitted manner or for illegal purposes, including but not limited to downloading or attempting to download files that are provided for streaming only, or otherwise infringing upon others’ intellectual property rights. You agree to indemnify and hold harm less The Untz from any claims of third parties stemming from such non-permitted or illegal use on your part.
b. Failure to comply with these Terms and Conditions may result in loss of eligibility to participate in Promotions. The Untz reserves the right at its sole discretion to disqualify any individual from participating if it deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms and Conditions; (b) any inappropriate, un- cooperative, disruptive, fraudulent, potentially fraudulent, or unusual activities; or (c) activities deemed in the sole discretion of The Untz to be inconsistent with the intended operation of its Promotions.
c. The Untz reserves the right to provide information (including names and email addresses) on individuals who have engaged or attempted to engage in unauthorized or illegal conduct, to the respective licensors or injured parties.
4. INTELLECTUAL PROPERTY RIGHTS. By participating in the Promotion, you acknowledge and agree that you have no right to provide any music files obtained through the Promotion to any other party or through any other means. You may only make copies of any file obtained through the Promotion for your own personal, non-commercial use. All of the Promotion materials contained on www.theuntz.com, including but not limited to graphics, text, logos, editorial content, audio clips, artwork, etc. are the property of The Untz and/or its licensors and is protected by law.
5. INTERNATIONAL USE. Music downloads and streams are only available to residents of the United States and its territories and possessions. No music from the Website may be exported into any non-U.S. country. By downloading or streaming music from the Website, you are agreeing to all applicable export control laws. You are also warranting that you are located in the United States or one of its territories or possessions. You agree to not to export your downloads outside of the United States.
6. PRIVACY POLICY. You will be asked to submit certain personal information in order to participate in Promotions on the Website Site. By entering your details on the Site you hereby authorize the Untz and its service and content providers to provide you with the services you have selected. We will not send you, or authorize any third party to send you any promotional information, except The Untz newsletter from which you may unsubscribe from at any time by clicking the 'unsubscribe' link at the bottom of each.
7. LIMITATIONS OF LIABILITY.
a. No responsibility or liability is assumed by The Untz for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of any Promotion and/or the Website: hardware or software errors; faulty computer, telephone, cable, network, electronic, wireless or internet connectivity or other online communications problems, disruptions, errors or limitations of any Internet service providers, operators, servers, or hosts; faulty data transmissions; failure of any e-mail or any other electronic transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Promotion.
b. WITHOUT LIMITING THE FOREGOING, ALL MUSIC FILES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.
c. Under no circumstances will The Untz be liable for punitive, incidental, consequential, or any other damages in connection with any Promotions. Further, The Untz is not liable to any third parties for any damages arising from users’ unauthorized or illegal conduct in connection with any Promotions.
8. MISCELLANEOUS. These Terms and Conditions constitute the entire agreement between you and The Untz in connection with Promotions. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, and any disputes arising thereunder, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of California. By participating, you consent to the jurisdiction and venue of the federal, state and local courts located in or which have jurisdiction for Solano County, California.
