1. ENROLLMENT IN THE SERVICES
In exchange for any applicable fees and subject to certain limitations as described herein, you will be granted the right to stream and/or download content that is available via the applicable Service(s) pursuant to the terms specified during the registration process, and simultaneously have access to our broad range of editorial and contextual information about the content and its creators.
2. TERM, FEES AND PAYMENTS
Applicable fees for Services may include a periodic (e.g., weekly, monthly or annual) subscription fee based on the particular Service requested, transaction fees, taxes, and additional fees for the purchase of permanent downloads.
(a) Free Trial Period
SE may offer you a one-time, free trial period during which you can try out such Service(s) for free (a "Free Trial"). The length of any such Free Trial, and the particular Services included may vary from time to time. If you terminate your subscription prior to the expiration of any Free Trial, you will not have any financial obligation with respect to your subscription, and your credit card will not be charged for your use of the Service. However, you will be charged for any Services you choose to access that are not included within the Free Trial. For example, if your Free Trial does not include permanent downloads from the online music store, you will be charged the applicable fee.
(b) Early Termination
Some subscriptions are provided and priced based on your commitment to subscribe for a minimum period of time, e.g. six months or twelve months. Such minimum commitment is based on your Billing Date, rather than the first or last day of a calendar month. You acknowledge that, in the event of early termination by you, we may incur costs and/or diminution in the value of the agreement that may be difficult to measure. Therefore, in the event of early termination for any reason (including voluntary termination by you or credit card expiration), the early termination fee stated at the time of registration may be charged to you as SE's liquidated damages resulting from your early termination.
(c) Track Downloads
Some Services may include the ability to obtain permanent downloads independent from any subscription Service(s) to which you may subscribe. In some cases, such downloading will incur a per-permanent download basis. If such purchase fees are required, you will be made aware that a cost will be incurred and asked to explicitly accept the charges prior to commencement of downloading
(d) No Refunds
All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
(e) Methods of Payment and Credit Card Terms
All payments must be made by VISA, MasterCard, iDeal, Paypal, prepaid, telephone or text message. We do not accept cash, checks or any other payment form. AS BETWEEN YOU AND SE, YOU, AND NOT SE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with your subscription and its password (including any applicable taxes) at the rates in effect when the charges were incurred. If SE does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SE
(f) Unauthorized Charges
Unless you notify SE of any discrepancies or unauthorized charges within thirty (30) days after the charge date, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release SE from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to SE within thirty (30) days of its first appearance on an invoice or credit card statement.
Prices include all taxes unless stated otherwise. SE collects taxes at the rate in effect at the time your transaction is completed. If the tax rate changes before the transaction is completed, the new tax rate in effect will apply. SE cannot accept exemption certificates for purchases made online.
(h) Transaction Fees
SE may impose an additional transaction fee based on transactions associated with Services, including a transaction fee applied to your periodic subscription fee, or your purchase of permanent downloads or burns. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction, likely via the order path for a Service, by email notification concerning your Service(s) and applicable fees, through the order path for permanent downloads, or in a similar, explicit manner.
(i) Modifications to Fees or Billing Terms
SE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY SE, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your subscription by contacting customer service. Your continued use of the Service(s) following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
(a) Termination By You
To cancel your subscription to any of the Services, please e-mail customer service through [email protected] with the request to terminate your account. Once you have terminated your subscription. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
(b) Termination By Us
You agree that SE, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of the Application and/or Service(s) (or any part thereof) for any reason, including, without limitation, if se believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or the SafriMusic.com End User License Agreement. SE may also in its sole discretion and at any time modify or discontinue providing any Service, or any part thereof, with or without notice. Further, you agree that SE shall not be liable to you or any third-party for any interference with or termination of your access to any Service.
4. CUSTOMER SERVICE
You understand and agree that SE is solely responsible for all customer service, help, billing and account issues related to your subscription. Neither your ISP nor any third party website through which you may have accessed any Service is responsible for customer service, help, billing and account issues related to the Services. You agree not to direct any questions, requests for assistance, or inquiries any Service to your ISP or to any third party website through which you may have accessed the Application or any Service. For assistance, please contact Customer Service.
5. YOUR ACCOUNT INFORMATION
(a) True and Complete
You agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the subscription process (such information being the "Account Information").
(b) Our Use of Account Information
(c) Stolen Account Information Your Responsibility
You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to set up a new password by clicking on the Account Status link on the Application and selecting the appropriate link.
6. INTELLECTUAL PROPERTY RIGHTS
Only you may access the Services using your user name and password. The Services available through the Application, and the Application itself (including the Content), are the property of SE or its licensors and are protected by copyright and other intellectual property laws. The Services provided through the Application may be used for your personal, non-commercial use only. You agree not to (i) reproduce, record, retransmit, redistribute, disseminate, sell, rent, lend, broadcast, publicly perform, adapt, sub-license or circulate the Application or any Content received through the Application or any Service (including music content) to any third party, (ii) exploit any such Content or the Application for commercial purposes without the express prior written consent of SE, or (iii) to share your password with any third party. You may not make any unauthorized copies of the Application or the Content obtained through the Services, and may only make such copies as are reasonably necessary for your personal, non-commercial use. Because the Services are designed for personal use, you are not allowed to use any automated system for the selection or streaming of files. You further agree to indemnify and hold harmless SE for your failure to comply with this section.
7. COPYRIGHT INFRINGEMENT
It is Sranan Entertainment’s policy to respect the intellectual property rights of its artists and content providers. If you are a copyright holder who believes that Sranan Entertainment’s or one of its Services is hosting or linking directly to infringing copies of your work, please let us know.
8. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
SE will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. SE will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any anticipated downtime that will exceed one hour.
9 . LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE(S) REMAINS WITH YOU. IN NO EVENT SHALL RI OR ITS PARENTS, MEMBERS, LICENSORS, SUBSIDIARIES, PARTNERS, AFFILIATES, SERVICE PROVIDERS, INVESTORS, SYNDICATORS, DISTRIBUTORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES (COLLECTIVELY THE "PROTECTED PARTIES") BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE, EVEN IF RI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY PROTECTED PARTY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE APPLCIATION OR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
11. MODIFICATION OF SUBSCRIPTION AGREEMENT
SE may modify this Agreement at any time in its sole discretion. If SE makes a material change to this Agreement, a "change of terms" notice will be posted. If any modification is unacceptable to you, you agree that your only recourse is to terminate your use of any of the Service(s) as provided herein. Your continued use of any Service following our posting of a change of terms use, an email notice to you, or a new Agreement on the Application will constitute your binding acceptance of the change, until such time as you terminate your subscription.
You agree to indemnify and hold the Protected Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
13. GOVERNING LAW
This Agreement shall be governed by the laws of Paramaribo, , without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting Paramaribo, Suriname .If either SE or you employ any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
No delay or failure to take action under this Agreement shall constitute any waiver by SE of any provision of this Agreement.
SafriMusic.com End User License Agreement
THIS SafriMusic.com END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" AND "YOUR") AND SafriMusic.com INTERNATIONAL INC. ("SE" "WE," "US," OR "OUR"). BY REGISTERING ANY WEB SITES OWNED OR CONTROLLED BY SE, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE ANY INFORMATION OR DATA OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES SERVED THROUGH THE SOFTWARE OR RECEIVED FROM OR ON ANY WEB SITE OWNED OR CONTROLLED BY SE (COLLECTIVELY THE "CONTENT”) IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND YOU MUST STOP THE REGISTRATION PROCESS AND PROMPTLY CEASE USING AND DESTROY ANY COPIES OF THE MUSIC IN YOUR POSSESSION. FAILURE TO ABIDE BY THE TERMS OF THIS AGREEMENT MAY RESULT IN TERMINATION OF YOUR ACCESS THE RELATED RI SERVICE, AND/OR ANY PART THEREOF.
1. GRANT OF LICENSE
SE hereby grants to you a limited, non-exclusive license to use the Website solely for personal, noncommercial use and subject to the following terms:
You acknowledge that SE may issue upgraded or modified versions of the website from time to time, and may automatically electronically upgrade or modify the version of the website that you are using on your computer. You consent to such automatic upgrading or modification, and agree that this Agreement (as amended from time to time) will govern all such versions.
3. TITLE TO INTELLECTUAL PROPERTY
You may not use the website or the Software for any illegal purpose. SE retains all title and ownership rights in and to the intellectual property. Except as expressly stated in this Agreement, SE does not grant any express or implied right or license to you under any patent, copyright, trademark, or trade secret rights of SE.
4. TITLE TO CONTENT SERVED THROUGH THE WEBSITE
The Content served by SE or third parties directly through the website is the property of SE, its licensors, its partners, and/or its advertisers. Title, ownership rights and intellectual property rights in and to such Content is the property of SE or third parties and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.
5. LINKED ENTITIES
The website may contain links to various third party web sites and other resources ("Linked Entities"). These Linked Entities (other than web properties owned or operated by SE such as www.SafriMusic.com) are not under the control of SE and SE is not responsible or liable for the content, communications or materials of any Linked Entities. SE is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by SE of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account.
7. DISCLAIMER OF WARRANTY
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SE, ITS PARENT COMPANY OR COMPANIES, ITS LICENSORS, ITS INVESTORS, AND ITS DISTRIBUTION AND SYNDICATION PARTNERS (THE " SE ENTITIES") DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
9. LIMITATION OF LIABILITY
ANY AND ALL RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE WEBSITE REMAINS WITH YOU. IN NO EVENT SHALL THE RI ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY PART THEREOF, EVEN IF RI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE RI ENTITIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE WEBSITE OR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
10. USER SUPPLIED MATERIALS
All information, advice, files, links, communications or other materials posted by you to or through the website ("User-Supplied Materials") shall be your responsibility. You agree not to post or transmit any User-Supplied Materials that infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You grant, or warrant that the owner of such User-Supplied Materials has expressly granted SE, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, display, modify, transmit, distribute, perform, display and delete such User-Supplied Materials (in whole or in part) worldwide and or/ to incorporate such User-Supplied Materials in other works in any form, media or technology now known or later developed. User-Supplied materials are public and not private communications.
11. USER-SUPPLIED MATERIALS AND MONITORING
SE shall have the right, but not the responsibility, to monitor and/or remove User-Supplied Materials deemed harmful or offensive in SE 's sole discretion, or that otherwise violate this Agreement or any rules that SE may institute from time to time. SE shall have no liability for the failure to receive or for the removal of any User-Supplied Materials. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of SE. SE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the website by anyone other than authorized SE employees acting in their official capacities.
You agree to indemnify and hold SE and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
This Agreement (and your license) shall terminate automatically and immediately if you fail to comply with any of the limitations described in this Agreement. No notice shall be required from SE to effectuate such termination. In addition, SE reserves the right to terminate this Agreement and discontinue your access to the website at any time for any reason, and with or without notice. Upon termination of this Agreement for any reason you must immediately destroy all copies of the website.
14. CUSTOMER SERVICE
If you have any questions or concerns about your account, please contact Customer Service.
SE may modify this Agreement at any time in its sole discretion. In the event of a material change to this Agreement we will use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the website and destroy any copies of the Software in your possession. Your continued use of the website following our release of a revised End User License Agreement on the website will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO RI TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THE WEBSITE OR THE SERVICES TO WHICH YOU HAVE SUBSCRIBED.
16. GOVERNING LAW
This Agreement shall be governed by the laws of Paramaribo, Suriname without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting Paramaribo, Suriname .If either SE or you employ any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
No delay or failure to take action under this Agreement shall constitute any waiver by SE of any provision of this Agreement.