Terms Of Service Agreement

www.MyReggae.com Terms of Service (TOS)

WELCOME TO WWW.MYREGGAE. COM

THIS IS A BINDING LEGAL CONTRACT. IT IS THE SAME AS IF YOU SIGNED YOUR NAME. THEREFORE PLEASE READ CAREFULLY AND MAKE SURE YOU UNDERSTAND THE TERMS BEFORE YOU USE OUR WEBSITE

These Terms of Service state the terms that govern your use of the services and your downloading of music from www.MyReggae.com (the "Service"). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement “as is.” No changes, additions, deletions or counteroffers will be accepted.

MyReggae.com may from time to time amend, supplement or modify the terms of this Agreement. Please note that it is your responsibility to check these Terms of Service periodically for changes. Your further use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by this Agreement as amended, you must stop using the Service.


1. Privacy Policy.


The Service is also subject to www.MyReggae.com's Privacy Policy, which is incorporated into and made a part of this Agreement. You can access the Privacy Policy by clicking here. It is important that you read the Privacy Policy as it is incorporated into and made a part of this Agreement. So by agreeing to be bound by the terms of this Agreement, you are also agreeing to be bound to MyReggae.com’s Privacy Policy. MyReggae.com uses commercially reasonable efforts to protect the security of your information, it cannot guarantee that any information sent via the Internet will not be read or intercepted by others.

2. Accurate Information.

First and foremost you must agree to provide accurate, current, and complete information ("Registration Data") to us in order to register for and use the Service. You are also required to update your Registration Data in order to keep it accurate, current, and complete. It is grounds for termination of your access to the Service if any information you provide is false, inaccurate or incomplete as determined by MyRegga.com in its sole discretion.

3. User Account and Service Security.

As a registered user of the Service, we will set up an account for you ("Account"). It shall be your sole responsible for maintaining the confidentiality and security of your Account. Do not reveal your Account information to anyone else. The reverse is also required that you must not use anyone else's Account. You are completely responsible for all purchases and other activities that occur on or through your Account. You are required to immediately notify MyReggae of any unauthorized use of your Account or any other breach of security. Remember that MyReggae.com will not under any circumstances be responsible for any losses of any kind arising out of the unauthorized use of your Account.

You accepts that the Service, and Recordings purchased through it, such as music, images, video, artwork, text, software and other copyrightable materials ("Recordings"), may include various electronic anti counterfeiting and other protective technologies and imposes usage limitations established by MyReggae.com and its licensors ("Usage Rules"). You agree that your purchase of Recordings constitutes your agreement to use the Recordings solely in accordance with their respective Usage Rules, and understand that any other use of the Recordings could result in civil or criminal liability. MyReggae.com reserves the right to modify the Usage Rules at any time. Please note YOUR COMPLIANCE WITH THE USAGE RULES MAY BE MONITORED BY MYREGGAE, AND MYREGGAE RESERVES THE RIGHT TO ENFORCE THE USAGE RULES WITH OR WITHOUT NOTICE TO YOU.

4. Usage Rules.

for downloaded Recordings you are entitled to download, export, burn or copy Recordings solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Recordings or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Recordings. No right, title or interest in any downloaded Recordings or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Recordings are owned by MyReggae.com or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, non-sublicensable right to use the Recordings for personal use in accordance with the terms of this Agreement.

You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Recordings, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Recordings. You may not play and then re-digitize any Recordings, or upload those Recordings to the Internet. You may not use the Recordings in conjunction with any other third-party content (e.g., to provide sound for a film or for U-Tube clips). You may not use a free or purchased track as a musical "ringer" in connection with phone calls. You may not sell or offer to sell the Recordings, including but not limited to, posting any Recordings for auction, on any Internet auction site. All Recordings are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.

You may play, transfer, backup, store and burn MP3 music files as much as reasonably necessary for personal, non-commercial use on personal computers or portable devices. These files are provided for your own personal entertainment use and not for redistribution of any kind. They may not be posted to or accessed on any network (except a personal home network) or any P2P service. Any other copying is expressly prohibited.

You agree that we have no liability to you for Recordings you find to be offensive, indecent or objectionable.

5. Software

We may make available to you, from time to time, software for your use in connection with the Service (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the Service. You may not separate any individual component of the Software for use other than in connection with the Service, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble the Software, whether in whole or in part, or create any derivative works from or copies of the Software. We may offer updates of the Software, from time to time, for feature enhancement, security or other purposes. We will not automatically update the Software, unless you authorize us to do so.

You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Software.

1. General Returns Policy

CDs. For CDs you may return new, unopened items sold and fulfilled by MyReggae.com within 30 days of delivery for a full refund. A defective CD will only be exchanged for the exact same CD. Items should be returned in their original product packaging. All shipping charges are your responsibility. You should expect to receive your refund within four weeks of our receipt of your package. We'll notify you via e-mail of your refund once we've received and processed the returned item.

Downloaded Recordings. All sales of downloaded Recordings are final. MyReggae.com does not accept returns of downloaded Recordings. Once you have purchased Recordings, we encourage you to download it promptly and to make a back-up copy. If you are unable to complete a download after having reviewed our online help resources, please contact MyReggae.com customer service. You bear all risk of loss after purchase and for any loss of Recordings you have downloaded, including any loss due to a computer or hard drive crash. We make no warranty that any particular hardware or software will be compatible with the Service. It is your sole responsibility to ensure that your hardware will work with our Recordings. Remember that the delivery of Recordings does not transfer to you any commercial or promotional use of rights in the Recordings.

The Service is available only for individuals who are eighteen (18) years of age or older. MyReggae.com is relying on your representation that you are at least 18 years of age; MyReggae.com would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18 but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service.

Purchases from MyReggae.com available only in the United States and are not available in any other location. You agree not to use or attempt to use the service from outside of the available territory. MyReggae.com may use technologies to verify your compliance. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

7. Agreement to Pay.

You agree to pay for all Recordings you purchase through the Service, and that MyReggae.com is authorized to bill your chosen payment method for any Recordings purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account.

Purchases will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. We will only charge tax in states and localities where music downloads are taxable.

MyReggae.com reserves the right to change prices for Recordings offered at MyReggae.com at any time.

MyReagge.com accepts only USA issued Visa, MasterCard, Discovery or American Express credit cards.

8. Delivery of Recordings.

MyReggae.com makes every effort to provide a broad music offering. For this reason, MyReggae.com reserves the right to change music options without notice.

On occasion, technical and other problems may delay or prevent delivery of your Recordings. Your exclusive and sole remedy with respect to Recordings that is not delivered within a reasonable period will be either replacement of such Recordings, or refund of the purchase price paid for such Recordings, as determined by MyReggae.com.

9. Termination.

MyReggae.com, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Recordings, content or other materials comprising a part of the Service. MyReggae.com will not be liable for the removal of or disabling of access to any Recordings, content or other materials under this Agreement. MyReggae.com further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or MyReggae.com suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide MyReggae.com with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules, MyReggae.com, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

10. General Compliance with Laws.

The Service is controlled and operated by MyReggae.com from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

11. Enforcement of These Terms of Service.

MyReggae.com reserves the right to take steps it believes are reasonably, necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MyReggae.com's right to cooperate with any legal process relating to your use of the Service and/or Recordings, and/or a third party claim that your use of the Service and/or Recordings is unlawful and/or infringes such third party's rights). You agree that MyReggae.com has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MyReggae.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MyReggae.com's right to cooperate with any legal process relating to your use of the Service and/or Recordings, and/or a third party claim that your use of the Service and/or Recordings is unlawful and/or infringes such third party's rights).

12. No Responsibility for Third-Party Materials or Web sites.

Certain content, Recordings, and services available via the Service may include materials from third parties. In addition, MyRegga.com may provide links to certain third-party web sites. You acknowledge and agree that MyReggae.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. MyReggae.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, Recordings, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.

Copyright Complaints

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyReggae.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MyReggae.com that your copyrighted material has been infringed.

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright   interest

* A description of the copyrighted work that you claim has been infringed upo

* A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;

* Your address, telephone number, and e-mail address;

* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

MyReggae’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Mr. Gary Himmelfarb

MyReggae Records LLC

9159-B Brookville Road

Silver Spring MD 20910

gary@MyReggaemusic.com

13. Disclaimer of Warranties; Limitation of Liability.

MYREGGAE.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MYREGGAE.COM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. MYREGGAE.COM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MYREGGAE.COM DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL RECORDINGS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MYREGGAE.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MYREGGAE.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MYREGGAE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND MYREGGAE.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

MYREGGAE.COM MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE RECORDINGS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE RECORDINGS AND THE SERVICE.

14. Waiver and Indemnity.

By using the Service, you agree to indemnify and hold MyReggae.com its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach or claimed breach of this Agreement, your use of the Service, or any action taken by MyReggae.com as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. You cannot sue or recover any damages from MyReggae.com, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Recordings, or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of MyReggae.com's conclusion that a violation of this Agreement has occurred.

15. Changes.

MyReggae.com reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

16. Governing Law; Remedies.

The laws of the State of Maryland, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MyReggae or relating in any way to your use of the Service resides in the courts of the State of Maryand.

You understand and agree that any unauthorized use of the Service (including all elements thereof), the Recordings, or any related software or materials, would result in irreparable injury to MyReggae and/or its affiliates or licensors for which money damages would be inadequate, and in such event MyReggae, its affiliates and/or licensors, or the owners of the copyright in any Recordings available through the Service, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that MyReggae, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

17. Miscellaneous.

This Agreement, together with the Terms of Use and Privacy Policy for the MyReggae website, constitutes the entire agreement between you and MyReggae regarding the Service and governs your use of the Service, superseding any prior agreements between you and MyReggae relating to the Service. You also may be subject to additional terms and conditions that may apply when you use third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MyReggae's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. MyReggae will not be responsible for failures to fulfill any obligations due to causes beyond its control. MyReggae obtains permission from record companies and other content owners to make their musical and other content available to you through the Service. You agree that the content owners that license their musical and other content to MyReggae for the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.