The Site’s commerce transactions and related customer support activities are conducted by our selected vendor GlobalWare Solutions (GWS). GWS will be the merchant of record for such commerce transactions.
1. Products. All rights in any products that we make available through the Site, such as music, ring tones, ring back tones, SMS tones, images (e.g., screen savers), video, apparel, artwork, text, software and other copyrightable materials (collectively, the “Products”) are owned by us, our Affiliates and/or our (or their) licensors. Subject to your compliance with the terms and conditions of these Transaction Terms and any other applicable terms and conditions imposed by us, our Affiliates and/or our licensors, you have a limited, revocable right to use those Products that you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of these Transaction Terms and any other terms and conditions that may apply to such Products, which right you cannot transfer to others. Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights or those of any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product. You understand that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth in Section 6 below.
3. Product Delivery. Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion. We will endeavor to process Transaction(s) within twenty-four (24) hours from our receipt of payment. U.S. domestic shipping orders will be fulfilled the same day if placed during a regular business day and 2:00 p.m. Pacific Time. If your order is placed after 2:00 p.m. Pacific Time your order will be fulfilled the next business day. International orders placed by 11:00 a.m. Pacific Time during a regular business day will be fulfilled that day. If your order is placed after 11:00 a.m. Pacific Time your order will be fulfilled the next business day. Your order will arrive in accordance within the stated timeframes associated with your selected delivery method. If we anticipate a delay in delivering a Product to you, we will seek to notify you by email of the estimated delivery date(s), and we will give you the option to continue with your order or request a full refund.
4. Cancelling Your Purchase. Except with respect to Products consisting of downloads and/or tickets, you have a right to cancel your Transaction(s) and receive a full refund, provided that (a) such Product(s) are unopened (i.e., in original sealed packaging) and undamaged and (b) you notify GWS of such cancellation: Contact GWS at 888-699-2915 or via email Sinatra_cs@gwsmail.com within 90 working days beginning with the day after the day on which you received such Product(s). If you cancel a purchase pursuant to these Transaction Terms, you must return such Product(s) to us undamaged within 90 working days beginning with the day after the day on which we received your valid cancellation notice. Returned Products will be deemed to have been received by us on the date that is two (2) days (not including Sundays and public holidays) after the post-mark date applicable to such returned Products. We will not be responsible for any costs you incur in returning any Product(s) to us. If you fail to comply with the return obligations set forth herein, we will be entitled to deduct from any refund the direct cost of recovering the unreturned Product(s). Please note that if such cost is greater than the total refund amount, then no refund shall be given. All refunds will be processed at our sole discretion according to the condition of the returned Product(s).
You have no right of cancellation in the event that you have unsealed (i.e., opened) Products received from us. Tickets and downloads purchased are non-refundable and non-exchangeable.
5. Defective Products. In the event that you receive a defective physical Product, provided that you return such defective physical Product to us within 90 working days following your receipt of such Product (as determined pursuant to Section 4 above), we will (on your election) either send you a replacement physical Product, or provide you with a full refund. We will cover the cost of any defective physical Product returned by you up to the value of standard USPS first class postage. Contact GWS at 888-699-2915 or via email Sinatra_cs@gwsmail.com We will not be liable to you for failures, defects or delays in delivery caused by:
· Your provision of incorrect or outdated information;
· Your mobile handset being incompatible with the Site;
· Your mailbox being full;
· Your handset having limited signal;
· Your failure to comply with instructions for use of the Site; or
· Any event which is outside of our reasonable control.
6. Usage Restrictions for Products. All Products you purchase or obtain on or through the Site are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, 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 Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet. You may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or “trading” the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for Products, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. The delivery of a Product does not transfer to you any commercial rights in the Product, nor does such delivery transfer to you any rights to use the Product for promotional or other marketing purposes. Additionally, the following usage restrictions apply based on the type of Product you are purchasing or obtaining through the Site:
PRODUCT TYPE TERMS OF USAGE Digital Video Rentals Limited-time downloads or limited-access streaming to a personal computer or portable device, including mobile devices, is permitted for a period of 24 hours or such other limited time period as specified in the particular offering pursuant to which the rental occurs. Digital Audio Subscription Services If you subscribe to an audio or video streaming or downloading on-demand service through the Site, you must register at least one (1) traditional personal computer (or other device that supports an industry-standard security solution and through which you may access this Site) and no more than three (3) traditional personal computers for the portion of the service (if any) that includes streaming and downloading on demand on a subscription basis. If the applicable subscription service you subscribe to provides for streaming and downloading on demand for access on portable devices, you may register up to three (3) additional portable devices (expressly excluding any cellular telephone or other device capable of cellular or WAP communication).You may access subscription services only through a registered device and only after providing a valid and unique “user name” and “password.” We reserve the right to authenticate any registered device as belonging to you prior to allowing you to download or stream any audio or video content to such registered device on a subscription basis.
7. Product Requirements; Compatibility. You acknowledge that use of our Products requires other hardware and software tools (e.g., in the case of full permanent audio downloads, for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software, including, without limitation, all charges therefor, are your sole responsibility. To the extent permissible under applicable law, we, our Affiliates and our (and their) Artists and Associates shall not be responsible or liable for the loss or damage of any Product. Except to the extent prohibited by applicable law, we reserve the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy and/or use or limit the use of any Products.
WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE PRODUCTS WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, HARDWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS.