EFFECTIVE DATE: August 15, 2007
FantasticMusicGiveaway.com [SM]
TERMS
& CONDITIONS
Welcome
to FantasticMusicGiveaway.com! A
portal to EZ-Tracks.com and Tunes4Tones.com, all brought to you by Traffix,
Inc., a Delaware corporation with an address at 1 Blue Hill Plaza, 5th Floor,
Pearl River, New York 10965 ("Traffix")
[A]
THESE TERMS & CONDITIONS CREATE AN AGREEMENT THAT LEGALLY BINDS YOU.
BY
ACCESSING OR USING FantasticMusicGiveaway.com, YOU INDICATE THAT YOU ACCEPT
(1) THESE TERMS & CONDITIONS, AND (2) THAT THEY CREATE A LEGAL
AGREEMENT TO WHICH YOU AND TRAFFIX ARE LEGALLY BOUND. Traffix may change Terms or Conditions with
or without notice to you, and accordingly you should review these Terms &
Conditions in connection with each access or use of FantasticMusicGiveaway.com. In the event that you access or use FantasticMusicGiveaway.com at a subsequent date when these
Terms & Conditions may have changed, your continued access or use indicates
your acceptance of the changed version, and creates a new legal agreement to
which you and Traffix are then legally bound.
IF
YOU DO NOT ACCEPT ANY OF THESE TERMS
& CONDITIONS AS THEY MAY, FROM TIME-TO‑TIME BE CHANGED, YOU MUST LEAVE FantasticMusicGiveaway.com IMMEDIATELY; AND
IN PARTICULAR YOU MUST NOT OBTAIN OR PARTICIPATE IN ANY SERVICES. THE "SERVICES" are
those services provided to eligible individual participants (as explained
below) who access and use FantasticMusicGiveaway.com to participate in its giveaways
of 1,000 free music downloads from EZ-Tracks.com or its giveaways of 10 free
ringtones from Tunes4Tones.com or both in the discretion of the participant.
[B]
CONDITIONS. In
addition to all other conditions herein for access and use of
FantasticMusicGiveaway.com, the following conditions (each of which are material)
apply:
1. You
must be an individual who is at least eighteen (18) years old unless the
applicable law requires you to be older than eighteen (18) years old as a
prerequisite of being bound by an
agreement, in which event you must be at least as old as the applicable minimum
age.
2. You
must be legally capable of being bound by these Terms & Conditions which
among other things means your participation in the Services must be valid under
applicable law.
3. You
must complete an online registration form that will require personal
information that may include, possibly among other things, your (a) cellular
telephone number; (b) full name; (c) email address; (d) telephone number;
(e) street address; (f) zip code; and (g) date of birth (collectively
“Registration Data”). The Registration
Data you provide must be (and you hereby represent and warrant it will be)
complete, accurate and timely provided, and free from all matter which may
infringe, defame, disparage or otherwise injure Traffix or any third party.
4. You
must review and in your discretion accept or reject a series of advertised
offers which may originate from Traffix or third parties or both.
[C]
RELATIONSHIP OF THESE TERMS & CONDITIONS TO EZ-TRACKS.COM AND
TUNES4TONES.COM
1. These
Terms & Conditions apply solely to FantasticMusicGiveaway.com. Except for the greater number of free music
downloads from EZ-Tracks.com and greater number of free ringtones from
Tunes4Tones.com that are available through use of FantasticMusicGiveaway.com, the
Terms & Conditions for EZ-Tracks.com apply to all access and use of that
website, and the Terms & Conditions for Tunes4Tones.com apply to all access
and use of that website. The degree to
which FantasticMusicGiveaway.com provides greater numbers of free music downloads
and free ringtones may vary from time to time.
2. In
the event of any conflict or uncertainty about which Terms & Conditions
(those of FantasticMusicGiveaway.com, EZ-Tracks.com or Tunes4Tones.com) apply in
connection with any particular access or use of FantasticMusicGiveaway.com, these Terms
& Conditions will apply and control.
Nothing in these Terms & Conditions limits your right independently
to access or use Tunes4Tones.com or EZ-Tracks.com, or to obtain ringtones or
music downloads from them in accordance with their usual Terms and Conditions
with any then current promotion.
3.
These Terms & Conditions together with the FantasticMusicGiveaway.com
Privacy Policy constitutes the entire and only agreement between you and
Traffix with respect to your access to and use of FreeMusicGiveaway, and
supersede and control over (a) all prior and contemporaneous agreements,
understandings, and statements by Traffix, and (b) all subsequent
communications except any in writing from Traffix, including any writing in
email, which specifically refers to and legally changes these Terms &
Conditions.
4. Click here
to view the FreeMusicGiveaway Privacy Policy, which is hereby incorporated into
and made a part of these Terms & Conditions, and which (as more
particularly provided therein) generally permits the use of Registration
Data and all other
information provided by and learned about you in connection with your access
and use of FantasticMusicGiveaway.com.
[D]
LICENSE
1. TRAFFIX, INC.® and EZ-TRACKS® are Federally
registered service marks and Tunes4Tones [SM]
and FreeMusicGiveaway[SM]
are service marks of Traffix (collectively, the
"Marks"). To the extent
other marks may be used on or in connection with FreeMusicGiveaway, they are
used for informational purposes only, and are the property of their respective
owners.
2.
FreeMusicGiveaway contains without limitation, artwork, digitized
sounds, text, and HTML and other code and scripts (collectively with the Marks,
the "Creative Material").
Traffix owns under the United States Copyright Act (as amended) and
under applicable International Treaties and other intellectual property laws
(a) all worldwide right, title and interest in and to the collective work
consisting of all Creative Material; and (b) all necessary other rights, licenses
and ownership in and to the Creative Material to permit your access and use of
FreeMusicGiveaway as permitted by these Terms & Conditions.
3. You are granted a nonexclusive,
nontransferable, and revocable license to the Creative
Material only to the
extent necessary to access and use FantasticMusicGiveaway.com for personal
noncommercial purposes in accordance with these Terms & Conditions. All rights not explicitly granted hereunder
are reserved by Traffix.
4. For the elimination of doubt, nothing in
these Terms & Conditions grants any right or license to you to copy,
emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse
engineer or transfer FantasticMusicGiveaway.com or any of the Creative Material
(except as an incident of its proper use under these Terms & Conditions).
[E]
DISCLAIMER OF WARRANTIES
1.
Traffix warrants that your access and use of FantasticMusicGiveaway.com in
accordance with these Terms & Conditions
will not obligate you to any out-of-pocket cost or expense payable in
money to Traffix. This warranty does
not apply to ordinary incidental costs or expenses, such as Internet access
fees, which may be payable to third parties.
2. Traffix otherwise warrants that all access
to and use of FantasticMusicGiveaway.com is provided “AS IS” AND “AS AVAILABLE,” AND ALL
WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPICABLE LAW.
TRAFFIX IN PARTICULAR AND WITHOUT LIMITATION SPECIFICALLY (A) DISCLAIMS
ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF
NONINFRINGEMENT OF INTELLECTUAL PROPERTY; AND (B) DISCLAIMS ALL WARRANTIES THAT
ACCESS OR USE OF FantasticMusicGiveaway.com WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE.
3. FantasticMusicGiveaway.com may contain links to
other Internet websites not controlled by Traffix. Traffix is not responsible for the content, Terms &
Conditions and/or privacy policies on such websites. If you choose to accept an offer and/or link to a website not
owned or controlled by Traffix, Traffix makes no warranties, either express or
implied, concerning the content of such website and/or offer, including the
accuracy, completeness, reliability or suitability thereof for any particular
purpose. Traffix does not warrant that
such website or content is free from any claims of copyright, trademark or
other infringement or the rights of third parties or that such website or
content is free from viruses or other contamination.
[F]
LIMITATION OF LIABILITY.
1.
TRAFFIX SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
EVEN IF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT MAY ARISE OUT OF OR
IN CONNECTION WITH (A) THE ACCESS, USE OR INABILITY TO ACCESS OR USE
FantasticMusicGiveaway.com; OR (B) THE INTERRUPTION, SUSPENSION OR TERMINATION OF
FantasticMusicGiveaway.com IN GENERAL OR TO PARTICULAR WEBSITE VISITORS, OR (C)
ACCESS OR USE OF THIRD PARTY WEBSITES THAT ARE ACCESSED BY LINKS OR OTHERWISE
AS A RESULT OF USE OF FantasticMusicGiveaway.com.
2.
FOR THE PURPOSES OF THIS SECTION ["F"], "TRAFFIX"
MEANS TRAFFIX, INC.,ALL SUBSIDIARY COMPANIES, ALL COMPANIES AFFILIATED WITH
TRAFFIX BY PARTIAL OWNERSHIP, AND ALL OF SUCH COMPANY'S (TRAFFIX, SUBSIDIARIES
AND AFFILIATES) RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, MANAGERS,
EMPLOYEES, AGENTS AND ATTORNEYS.
3.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF LIMITATION OF
LIABILITY FOR CONSEQUENTIAL DAMAGES; IN SUCH STATES, LIABILITY IS LIMITED TO
THE FULLEST EXTENT PERMISSIBLE BY LAW.
[G]
INDEMNIFICATION.
1. You will indemnify, defend and hold harmless
Traffix from all Claims arising from or relating to (a) your access to
and/or use of FantasticMusicGiveaway.com, or (b) a breach of any
representation or warranty by you or because of a breach by you of any of your
duties or obligations hereunder.
2. For the purposes of this Section
["G"], "Traffix"
means Traffix, Inc., all subsidiary companies, all companies affiliated with
Traffix by partial ownership, and all of such company's respective officers,
directors, partners, members, managers, employees, agents and attorneys, each
of whom have the right to assert and enforce these provisions directly against
you on such indemnified person's behalf.
3. For the purposes of this Section
["G"], "Claims" means (a) claims of every type, including,
without limitation, threatened and asserted claims, and all premised in law or
equity, whether or not brought before any civil, criminal, administrative or
private forum, and (b) all cost,
expense and all liability arising from such Claims, including all judgments,
fines, costs, losses and expenses (including settlement costs and reasonable
attorneys’ fees).
[H] TERMINATION
1. Traffix may, in its discretion for any
reason or no reason, terminate or suspend FantasticMusicGiveaway.com
at any time, even if doing so occurs before you begin or complete using its
Services.
2. Traffix may, in its discretion for any
reason or no reason at any time, with or without notice to you, temporarily or
permanently terminate your right to access or use FantasticMusicGiveaway.com,
even if doing so occurs before you begin or complete using its Services.
3. In
the event such termination is, in Traffix's sole discretion and determination,
because of a breach of any representation or warranty by you or because of a
breach of any of your duties or obligations hereunder, Traffix reserves the
right in addition to termination to seek all legally available relief and
remedies to the fullest
extent permitted by law and in equity.
4. In the event Traffix may have breached any representation,
warranty to you or any of its duties or obligations to you hereunder, or in the
event of any other dispute by you against Traffix, your sole rights and
remedies are to terminate your access to and use of FantasticMusicGiveaway.com.
5. In the event of Termination for any reason,
your right to access or use of FantasticMusicGiveaway.com, and the
License to you provided by Section [D] ("License") will terminate
immediately and automatically with or without notice; but the following sections will in any event survive
and remain enforceable by Traffix: Section [E] ("Disclaimer of
Warranties"), Section [F] ("Limitation of Liability"),
Section [G] ("Indemnification"), and Section [I]
("Miscellaneous").
[I]
MISCELLANEOUS
1. Choice
of Law. This Agreement shall be
treated as though it were executed and performed in New York, New York and
shall be governed by and construed in accordance with the laws of the state of
New York (without regard to conflict of laws). Should a dispute arise concerning
FantasticMusicGiveaway.com, Service and/or terms and conditions of this Agreement,
you agree that the appropriate, convenient and exclusive venue for any and all
dispute resolution shall be the court of appropriate jurisdiction in New York,
New York. To the extent permitted by
applicable law, you agree to waive any right that you may have to participate
in any class action litigation involving, related to or arising from
FantasticMusicGiveaway.com and/or Service.
Should any part of this Agreement be held invalid or unenforceable by a
competent court, that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision. No relationship
other than that of a service provider and customer shall be created through
operation of this Agreement. Traffix’s failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
2. Legal Warning.
(a) Any
attempt (i) to damage, destroy, tamper with, vandalize and/or otherwise
interfere with the operation of FantasticMusicGiveaway.com; or (ii) to copy,
distribute or publish any part of FantasticMusicGiveaway.com (except as an incident
of use in accordance with these Terms & Conditions) may violate criminal
and/or civil or international law under applicable copyright and other
Treaties.
(b) No one
is authorized or permitted hereunder to use any device, software or routine to
interfere or attempt to interfere with the proper working of
FantasticMusicGiveaway.com, or to take any action that imposes an unreasonable or
disproportionate load on Traffix infrastructure. You may not use any automated form of scraping or data extraction
to access, query or otherwise collect Traffix-related information from
FantasticMusicGiveaway.com and/or Services.
3. Traffix Right to Equitable Remedies
You acknowledge and agree that Traffix could be irreparably damaged,
including damaged in a manner difficult to calculate, in the event of any
breach or violation of Section [D] ("License") or Section [I](2)
("Legal Warning"), and in the event of each such breach or violation
Traffix will be
entitled to seek appropriate equitable remedies without bond, other security or
proof of damages, in addition to such other rights and remedies to which
Traffix may be entitled.
[K]
Customer Service. You may contact Traffix customer
service with respect to FantasticMusicGiveaway.com by contacting
cs@FantasticMusicGiveaway.com