OurTracks - Independent Music Downloads

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User Agreement
READ CAREFULLY.  These Terms and Conditions of Use Agreement (the "Terms of Use" or "Use Agreement") apply to use of the OurTracks website located at http://www.ourtracks.com (the "Site").  The Site is the property of OurTracks LLC. Before you make any purchases, you must first establish a customer account ("My Account"). These Terms of Use will govern your customer account. BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.

OurTracks reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, OurTracks grants you ("End User") a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. If there is conflict between these Terms of Use and the terms posted for a specific service, feature or transaction offered on the Site, the latter terms shall control regarding that specific service, feature or transaction.

 
All music (downloaded or samples), software, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, and artwork (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to OurTracks, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be reproduced, recorded, broadcast, distributed, uploaded, posted, altered to make new works, performed, digitized, or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without OurTracks's prior express written consent. 


All downloaded music, images, video, artwork, text, software and other copyrightable materials ("Content") are sublicensed to End Users and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" on the Site or this Agreement. Your downloadable music ("Digital Download") sublicense is nonexclusive, nontransferable, and nonsublicensable. End Users may play their Digital Downloads an unlimited number of times on the same registered personal computer or any other secondary or portable device. The End User may "burn" their Digital Downloads from the Primary Computer to make unlimited permanent copies in an uncompressed form conforming to the industry "Red Book" technical specifications to either "write once" blank recordable CD-R compact discs conforming to the industry standard "Orange Book Part II" technical specifications and/or blank "re-writable" CD-RW compact discs.


You have a nontransferable, nonexclusive, nonsublicensable license to only use the Digital Downloads for personal use as specified in the above Content Use Rules. You may not play and then redigitize any Works, or upload those Works to the Internet. You may not create any "derivative works" by altering any of the Content. You may not use the Works in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any such Content or for commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You may not transfer or distribute Digital Downloads except as stated in the Content Use Rules. No other uses are permitted except as expressly stated as an authorized use under the Content Use Rules. You further agree to indemnify, defend and hold harmless OurTracks for your failure to comply with this section. 


The services offered on the Site require you to first open an account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify OurTracks immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by OurTracks or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. 


You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated.

You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. 


You must disclose certain personal information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of Digital Downloads or any other products, you represent that you have first read our Privacy Policy and consent to our collection, use and disclosure of your personal information and non-personal information. To make a purchase, you must at least disclose to us all of the following: (i) your name, (ii) mailing address including zip code or equivalent, (iii) transaction data including credit card number and titles of albums or songs purchased. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. 


By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for OurTracks to contact you at your e-mail address.


You or OurTracks may terminate these Terms of Use for any reason at any time. You also agree that OurTracks may, in its sole discretion and without prior notice to you, terminate for cause your access to the Site, which includes (but is not limited to): (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting Digital Downloads, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms of Use, (5) failure to pay for purchases, (6) copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.


You agree that OurTracks will not be liable to you or to any third party for termination of your access to the Site. The following provisions of these Terms of Use shall survive termination, whether for convenience or cause: "Content," "Content Use Rules," "Prohibited Uses of Digital Downloads," "Consent to Collection, Use and Disclosure of Your Personal Information," "Consent to Our Communication With You By E-mail," "Disclaimer of Warranties," and "Limitation of Liability."


THE WEBSITE, MUSIC SAMPLES, "DIGITAL DOWNLOADS," SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." OURTRACKS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE AUDIO LUNCHOX WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.


YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE AND/OR DOWNLOADING OF MUSIC FILES OR THEIR USE. IN NO EVENT SHALL OURTRACKS OR ITS LICENSORS OR ANY OF THEIR 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 THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE OURTRACKS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE MUSIC OR SERVICES, OR FOR ANY NFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OURTRACKS SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF OURTRACKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT OURTRACKS SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO OURTRACKS BY END USER.


Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), OurTracks Inc. ("OurTracks") will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the OurTracks and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, OurTracks will terminate the infringing customer's account. OurTracks may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), OurTracks has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. OurTracks respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the OurTracks.com website, please contact

Scott Plumbtree via e-mail to splumbtree@ourtracks.com, via telephone @ 405-320-0971, or mail at: OurTracks, INC. 12505 Eric Field Place, Oklahoma City, OK 73142.


Any written notice describing the infringing activity must include the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; (2). A description of the allegedly infringing work or material; (3) A description of where the allegedly infringing material is located on the site; (4) Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; (5) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (6). A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed. 


You agree that all matters relating to your access to or use of or purchases made from the Site, including all disputes arising out of these Terms of Use, will be governed by the laws of the United States and by the laws of the State of Oklahoma without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Oklahoma City, Oklahoma. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.
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