Thank you for accessing the content distribution service or one of the family of websites owned and/or operated by RoxioNow, a division of Sonic Solutions LLC ("RoxioNow"). Access to the RoxioNow content distribution service or these websites (collectively, the "Service") is offered to you, the individual user, by RoxioNow.
By downloading or streaming any content or accessing any part of the Service, you are agreeing to these terms of service and all other policies or notices posted by us on the Service (collectively, the "Terms").
If you don't agree to the Terms, don't use the Service. We can change the Terms at any time without any notice to you, and by continuing to use the Service, you agree to be bound by all such modifications or revisions. It is your responsibility to review these Terms from time to time for any changes as they create binding legal agreement between you and RoxioNow. You may not use the Service and accept these Terms if You are not of legal age to form a binding contract with RoxioNow.
OWNERSHIP AND INTELLECTUAL PROPERTY
AAny and all audio and/or visual elements of the Service, including without limitation, any HTML, files, text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Service (collectively, the "Content") are the property of RoxioNow, its content suppliers or its retail partners. Access to and use of the Content are governed by these Terms.
Roxio, RoxioNow, the RoxioNow logo, and other graphics, logos, icons, service names, product names and designations associated with RoxioNow and appearing in connection with the Service (collectively, the "Marks") are trademarks, registered trademarks or trade dress of RoxioNow in the U.S. and/or other countries. The Marks may not be used in connection with any product or service that is not RoxioNow's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RoxioNow. You may not use any meta tags or any other "hidden text" with any of the Marks without the express written consent of RoxioNow. All other trademarks not owned by RoxioNow that appear in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RoxioNow.
Any software ("Software") that is made available to you to download, use and/or purchase from the Service is the copyrighted work of RoxioNow and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included in the Software ("License Agreement").
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.
USE OF THE SERVICE
RoxioNow grants you a non-exclusive, non-transferrable, limited right and license to access and use this Service, and view and privately display the Content by way of one or more computers or other authorized devices connected to the Service via IP networks only, and in strict conformity with these Terms. You may "cache" pages of the Service for the sole purpose of increasing the speed and efficiency at which you access the Service in the future and may download that Content that is available on the Service on a download basis. However, no other copy or use of any portion of the Service is permissible except as specifically permitted hereunder, and the same shall constitute an act of copyright infringement. By way of example, and not limitation, subject to the other conditions of these Terms, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Content, link or forward any web address to this Service, copy, counterfeit or paste the Content to any other website or web page. You may not publicly display any portion of the Service, or any films or other audiovisual or digital works available at this Service, without a written license signed by a party authorized to legally bind RoxioNow to such a contractual arrangement. Any other use or exploitation of this Service, including the Content, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Content from the Service. You agree that links to the Service are only permitted upon express permission from and arrangement with RoxioNow. You acknowledge and agree that modification of the Content or use of the Content for any other purpose is a violation of RoxioNow's and possibly other third parties' copyright and proprietary rights. You agree to use the Content and this Service only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms, your permission to use the Service automatically terminates and you must immediately destroy any copy you may have of any of the Content. Any other use or exploitation of this Service, including the Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Service in any way.
RoxioNow grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Service. You hereby agree not to use the Service, the Content, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
RoxioNow offers its Service for entertainment purposes only. RoxioNow does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, RoxioNow is not responsible for errors in or omissions from the information contained or accessed through the Service. ALL INFORMATION AND CONTENT ON THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Much of the content on the Service is inappropriate for children. As such, the Service is intended for use by persons over the age of eighteen (18) years of age. Those persons who are younger than 18 years of age (or such other age as may be required in your jurisdiction) are referred to herein as "Minors". The Content may be confusing or offensive to Minors. In cases where you have authorized a Minor to use the Service, you recognize that you are fully responsible for: (i) the online conduct of such Minor; (ii) controlling the Minor's access to and use of the Service; and (iii) the consequences of any misuse by the Minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SERVICE MAY CONTAIN MATERIAL THAT MAY BE INAPPROPRIATE FOR MINORS.
STREAMING/DOWNLOADING OF CONTENT
Certain of the Content may be available on a streaming basis, certain of the Content may be available on a download basis and certain of the Content may be available on both a streaming and download basis, all as determined by RoxioNow in its sole discretion from time-to-time. The format, availability and price for each piece of Content is indicated as such on the Service. Depending upon the geographic location of the user, the equipment that the user is using to access the Service, the bandwidth available to the user and other factors, certain users may not have access to streaming and/or downloadable Content.
RoxioNow may issue you (or you may create) a username and/or password for access to certain portions of, or services provided via, the Service. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. RoxioNow shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
You acknowledge and agree that any public Communications made to or by means of any portion of the Service are public. You acknowledge that (i) you have no expectation of privacy in any public Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and RoxioNow by reason of your transmitting a public Communication to any area of the Service. As used in these Terms, "Your Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Service. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). RoxioNow shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service for any reason whatsoever. RoxioNow reserves the right to expel you from or suspend your access to any or all parts of the Service for violating the law or these Terms. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Service and you acknowledge that RoxioNow may not be monitoring the Service and you are not relying upon RoxioNow to monitor the Service. RoxioNow takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Service, or e-mailing them to us, you automatically grant to RoxioNow a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) RoxioNow's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to RoxioNow's (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold RoxioNow harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against RoxioNow, arising out of or relating to RoxioNow's exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms.
You understand that through your use of the Service you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Service at your sole risk and that RoxioNow shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.
. RoxioNow shall use reasonable efforts to protect information submitted by you in connection with its services, but you acknowledge and agree that your submission of such information is at your sole risk, and RoxioNow hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
You understand that any Content purchased through the Service may be altered with technology and/or rules that protect digital information from access and may limit or restrict your usage of Content to certain usage rules established by RoxioNow and its licensors ("Usage Rules") in accordance with these Terms. You agree to comply with such Usage Rules. Usage Rules may be controlled and monitored by RoxioNow for compliance purposes, and RoxioNow reserves the right to enforce the Usage Rules with or without notice to you.
DELIVERY AND STORAGE
You acknowledge that use of Content may require the use of other hardware and software products and that such hardware and software is your responsibility. Once you rent or purchase a copy of Content and you receive it, it is your responsibility not to lose, destroy, or damage the Content, and RoxioNow shall be without liability to you in the event of any loss, destruction, or damage.
NO RIGHT TO CONTINUED SERVICE
You acknowledge that RoxioNow licenses some or all of the Content under agreement with third parties, and that RoxioNow is constantly administering the Service, including the Usage Rules. RoxioNow may add, delete or disable Content, and/or add, delete, disable or modify some or all of the Service, at its sole election, and you acknowledge: (a) that you may no longer be able to use the Service to the same extent - or at all - as prior to such change or discontinuation, and (b) that RoxioNow shall have no liability to you in such case. In no event will RoxioNow be liable for the removal of or disabling of access to any Content, materials or functionality of the Service. RoxioNow may also impose limits on the use of or access to certain features or portions of the Content or the Service, in any case and without notice or liability.
If you believe that something on our Service violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
a) provide your physical or electronic signature;
b) identify the copyrighted work that you believe is being infringed;
c) identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
d) provide us with a way to contact you, such as your address, telephone number, or e-mail;
e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Copyright Agent - RoxioNow
c/o Rovi Corporation
2830 De La Cruz Blvd.
Santa Clara, CA 95050
Fax: (408) 657-1807
Again, we cannot take action unless you give us all the required information.
If you believe that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content on the Service, you may send a counter-notice containing the following information to the Copyright Agent:
1) Your physical or electronic signature;
2) Identification of that content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4) Your name, address and telephone number and a statement that you consent to jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which RoxioNow may be found, and that you will accept service of process from the person who complained that posting the Content constituted an intellectual property right infringement or from an agent of that person.
If a counter-notice is received by the Copyright Agent, RoxioNow may send a copy of the counter-notice to the original complaining party informing that person that RoxioNow may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RoxioNow's sole discretion.
TERMS RELATING TO THIRD PARTY CONTENTM
TERMS RELATING TO FEE BASED CONTENT
Some of the audio/visual content (the "Video Content") on the Service is available only on a fee basis (that is, you must pay to access the Video Content). This Video Content is sometimes referred to herein as the "Fee-Based Services". Any one or more of the following types of Fee-Based Services may be available: (i) pay-per-view ("PPV") Video Content offerings (also referred to as "rental" or "Rental" offerings) in which you must pay a set price to view that one particular piece of Video Content during a specified time period; and (ii) retained downloaded Video Content ("Retained Content") in which you must pay a set price to download that one particular piece of Video Content and may view said piece of Video Content an unlimited number of times during an unlimited time period, all as more fully set forth herein. Not all users of the Service (depending upon the user's geographic location, equipment that the user is using and other factors) will have access to all versions of the Fee-Based Services. Given the foregoing, certain of the terms and conditions contained herein may not be applicable to every user (for example, the terms relating to subscription services will not be applicable to those users unable to access our packaged offerings).
PAY PER VIEW OFFERINGS
Our PPV offerings are available at different price points as set forth on the Service. We reserve the right to change those at any time. At any event, whatever the price, it will always be clearly marked on the launch page for the PPV film and clearly marked when you enter your credit card information. A valid credit card is required to pay for the PPV films. The PPV fee will be charged only when you submit the credit card information to us. Currently, each PPV film is available to you for either 24 or 48 hours, depending upon the film, from the time that you start watching the film. We reserve the right to change the time period with respect to future films but will not change the time period with respect to films that you have already paid for. You can watch the PPV film whenever you want, as many times as you want during the authorized time period (i.e., 24 or 48 hours). After that time, if you want to watch the PPV film, you will have to pay the PPV fee again.
RETAINED CONTENT OFFERINGS
Our Retained Content offerings are available at different price points, as indicated on the Service. We reserve the right to change those at any time. At any event, whatever the price, it will always be clearly marked on the launch page of the Retained Content and clearly marked when you enter your credit card information. A valid credit card is required to pay for the Retained Content. The fee for the Retained Content will be charged only when you submit the credit card information to us. Once you pay the fee for the applicable piece of Retained Content, you will have the right to download that piece of Retained Content to the number of computers and or authorized devices specified on the Service for that piece of Retained Content. You will have the right to view that piece of Retained Content an unlimited number of times for an unlimited period of time. If the piece of Retained Content that you have purchased does not download and play correctly, please contact Customer Support and we will endeavor to provide you with a working version of that piece of Retained Content or refund your purchase price. Once you have downloaded a working copy of a piece of Retained Content we will not refund your purchase price or provide another copy of said piece of Retained Content in the event that your computer crashes, your hard drive fails, the file becomes corrupt or in the event that said piece of Retained Content does not play, for whatever reason.
GENERAL TERMS FOR FEE-BASED SERVICES
In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Service, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
For purposes of identification and billing, you agree to provide RoxioNow with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at RoxioNow's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
You agree to promptly update your Registration Data, following help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.
You agree not to assign, transfer or sublicense your rights as a customer of the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Service, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications.
Your exclusive and sole remedy with respect to content for which you have paid but that you are not able to use will be either replacement (for example, make available for re-download) of such content, or refund of the purchase price paid for such content, which will be at RoxioNow's sole discretion. RoxioNow will not replace content or issue refunds if you have not complied with the system requirements and testing obligations set forth herein.
If you purchase a piece of Fee Based Content and are unable to view your selected film(s), please contact RoxioNow support through the Service. We will work with you to try to solve your problem. If we are unable to do so we will refund your purchase.
TERMS RELATED TO SAVED SCENES
Our media player will allow you to "save" scenes of certain content. These scenes are saved on our servers, not on your local computer, and are only available on a streaming basis, not a download basis. As such, you will need be connected to the Internet in order to use this feature.
Your use of our saved scenes feature does not transfer any copyright in the saved scenes or any other rights in any content to you.
No Guarantee of Access. RoxioNow makes no guaranty that the scenes that you save will be available when you want to watch them or that they will always be available to you. We may, at any time, at our option, discontinue this feature, update features or take other actions that result in a loss of your saved scenes. Also, when RoxioNow's rights to the content that you saved expires, you will no longer be able to view or have access to those saved scenes.
LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS
The Service may contain hyperlinks or other references to third party Internet sites that RoxioNow does not own or operate. Such hyperlinks are provided for your reference only. RoxioNow makes no warranties or representations regarding the availability of, or the content located on or through, such sites. RoxioNow does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on RoxioNow web sites are directed, nor does RoxioNow represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, RoxioNow does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at the Service.
This Service may contain information or advertising for third parties. RoxioNow expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Service, including messages, information, and advertising of its clients or licensors. RoxioNow shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, RoxioNow reserves the right for any reason to remove without notice any communication made available via the Service, and to deny in its sole discretion your access or any user access to communications made available via this Service.
RoxioNow may periodically make special offers or communications to users of its Service. If you would like to receive such offers or communications, you may "Opt-In" at any time by checking the "Opt-In" box that appears on the E-mail notices page of the Service, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the "Opt-In" option constitutes acceptance of RoxioNow's use of your e-mail address to send you notices pertaining to RoxioNow, its products and services, the Service, the Fee-Based Services, and related topics.
, and is incorporated herein by this reference.
RoxioNow reserves the right to restrict, suspend or terminate your access to the Fee-Based Services and/or any part of the Service, in whole or in part, without notice, in its sole discretion. If RoxioNow terminates your access to the Service based on a breach of any portion of these Terms, RoxioNow reserves the right to refuse to provide any Fee-Based Services or other services to you in the future.
You hereby agree to indemnify, defend and hold harmless RoxioNow and its Affiliates from and against any and all liability and costs incurred by RoxioNow or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. RoxioNow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of RoxioNow.
THE SERVICE AND ALL CONTENT, SOFTWARE OR OTHER MATERIAL (COLLECTIVELY "MATERIAL") OR SERVICES AVAILABLE AT THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED,USED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY REPONSIBLE FOR ALL DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE OR DOWNLOAD OF ANY MATERIAL.
EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, ROXIONOW AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MATERIAL OR SERVICES AVAILABLE AT THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ROXIONOW AND ITS LINCENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, ROXIONOW AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIAL OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE MATERIAL OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ROXIONOW OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ROXIONOW NOR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IN CONNECTION WITH THE SERVICE IS TO CEASE YOUR USE OF THE SERVICE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
ACCESS OUTSIDE THE UNITED STATES
This Service is controlled and operated by RoxioNow from its offices in the State of California, United States of America. RoxioNow makes no representation or warranty that the Content in this Service is legal, appropriate or available for use in other locations. Those who choose to access this Service from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Service may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
ARBITRATION; GOVERNING LAW
Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within California. Any controversy or claim arising out of or relating to these Terms or your use of the Service shall be settled by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate Sonic's intellectual property rights, Sonic may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms shall be arbitrated on an individual basis, and to the fullest extent permitted by applicable law shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. The arbitration shall be conducted in Santa Clara, California and judgment on the arbitration award may be entered into in any court of competent jurisdiction. By using the Service and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.
END USER AGREEMENT
PLEASE READ CAREFULLY BEFORE PROCEEDING
You understand and agree that the content you receive through the RoxioNow Service such as images, artwork and other copyrightable materials (the "Content") is licensed by RoxioNow, or its affiliates from content providers ("Content Providers"). The Content you receive through the RoxioNow Service, including the copyrights in the content, are owned by the Content Providers and/or their licensors, and are protected by the copyright laws of the United States, as well as other intellectual property laws and treatises. RoxioNow, Content Providers' licensors do not transfer any title, right or interest to or in the Content to you.
Content delivered to you through the RoxioNow Service is licensed to you, not sold or transferred or assigned to you. The Content may be downloaded and stored on an approved Computer.
Before you download any Content, carefully read this Agreement. Before you can license any Content, you will be asked to accept all the terms of the Agreement. If you do not wish to accept all the terms of this Agreement, you will not be able to license the Content.
RoxioNow grants you, a non-exclusive and non-assignable sublicense to store the Content on a combination of up to five (5) Computers and Portable Media Players for personal, non-commercial purposes as set forth herein. The delivery of the Content does not transfer to you any commercial or promotional use rights in the Content. All other rights in the Content are reserved Content Providers' licensors and copyright holder(s), and any other use is strictly prohibited.
You may not copy, redistribute, sell, rent, lease, transfer or sublicense the Content, except as specifically permitted herein. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated with, and you may not edit, modify, translate or create derivative works or adaptations of the Content. In addition, you may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable form. You may not duplicate or otherwise reproduce (including but not limited to "burning") the Content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, VCDs or any other such device, including but not limited to, any computers or other hardware, or other medium now know or hereinafter devised.
You may not download or transmit Content outside of the United States.
The Content is provided "AS IS." Content Providers and Content Providers' licensors each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions or merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. Content Providers and Content Providers licensors do not warrant or otherwise state that the Content will meet your requirements.
Under no circumstances, including but not limited to negligence by RoxioNow or Content Providers, shall RoxioNow, Content Providers or Content Providers' licensors be liable for damages, including any direct, indirect, special, incidental or consequential damages of any kind under any legal theory (tort, contract or otherwise) that result from the use of, or the inability to use, the RoxioNow Services or the Content, even if RoxioNow, Content Providers or Content Providers' licensors have been advised of the possibility of damages.