End User License Agreement

Terms of Service

Welcome to FACETSMusic.com Music Downloads. These Terms of Service are a legal agreement ("the Agreement") between you and FACETSMusic.com,  stating the terms that govern your use of FACETSMusic.com  Music Downloads (the "Service").

Please read the entire Agreement carefully.

You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.

1. Terms of Use

Your use of the Service and purchases made through it are subject to the provisions of this Agreement.  You are purchasing the Service through PayLoadz.com and PayPal.com who manages the financial transactions and FACETSMusic.com only provides the Music content that is downloaded.  

You must also abide by the agreements with PayLoadz.com and PayPal.com.

2. Technical Requirements

Product and Service Requirements
The Products are MP3 encoded music files.  You acknowledge that use of Products requires other hardware and software tools (e.g., for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, FACETSMusic.com shall be without liability to you in the event of its loss, destruction, or damage.  

3. Usage Rules

You are entitled to download, export, burn or copy Products solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by FACETSMusic.com or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use the Products for personal use in accordance with the terms of this Agreement.

You may not reproduce (except as noted above), 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, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.

You may downloaded music to a single computer only. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times and 2) export Products solely to a portable device capable of playing MP3 files such as a compliant MP3 player an unlimited number of time. FACETSMusic.com is a reseller to you and does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell. WITHOUT LIMITING ANY PROVISION HEREIN, FACETSMusic.com MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.

The delivery of a Product does not transfer to you any commercial or promotional use rights in the Product.

Security Technology
You acknowledge that Products contain security technology that limits your use of Products in accordance with the Usage Rules. The security technology is an inseparable part of the Products.

This Agreement constitutes the entire agreement between you and FACETSMusic.com regarding the Service and governs your use of the Service, superseding any prior agreements between you and FACETSMusic.com relating to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. FACETSMusic.com's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. FACETSMusic.com will not be responsible for failures to fulfill any obligations due to causes beyond its control. FACETSMusic.com obtains permission from record companies and other content owners to make their musical and other content available to you through the Service. You agree that the content owners that license their musical and other content to FACETSMusic.com for the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.

4. Order Acceptance Policy; Other Restrictions

All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement.

In addition, the following restrictions apply to your purchase:

Territory
FACETSMusic.com may use technologies to verify your compliance. You agree to abide by United Sates and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

Download within 48 hours
You must download the Product within 48 hours of purchase. After 48 hours, the Product file will no longer be available for you to download. There is no refund for Products that are not downloaded within 48 hours.

5. Agreement to Pay

Payment for Products
You agree to pay for all Products you purchase through the Service, using PayLoadz.com and PayPal.com which may include applicable sales taxes.

All billing questions must be addressed to PayLoadz.com and/or PayPal.com.

6. Delivery of Product

FACETSMusic.com Music Downloads makes every effort to provide a broad music offering. For this reason, FACETSMusic.com reserves the right to change music options without notice.

On occasion, technical and other problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by FACETSMusic.com.

7. Intellectual Property

Acknowledgement of Ownership
You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by FACETSMusic.com and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

8. Termination

FACETSMusic.com, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising a part of the Service. FACETSMusic.com will not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. FACETSMusic.com further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or FACETSMusic.com suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due,  or violation of the Usage Rules, FACETSMusic.com, at its sole discretion, without notice to you may: (i) terminate this Agreement and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

9. General Compliance with Laws

The Service is controlled and operated by FACETSMusic.com from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

10. Enforcement of These Terms of Service

FACETSMusic.com reserves the right to takes steps FACETSMusic.com believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FACETSMusic.com's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that FACETSMusic.com has the right, without liability to you, to disclose any  information to law enforcement authorities, government officials, and/or a third party, as FACETSMusic.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FACETSMusic.com's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

11. No Responsibility for Third-Party Materials or Web sites

Certain content, Products, and services available via the Service may include materials from third parties. In addition, FACETSMusic.com may provide links to certain third-party web sites. You acknowledge and agree that FACETSMusic.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. FACETSMusic.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.

12. Disclaimer of Warranties; Limitation of Liability

FACETSMusic.com DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FACETSMusic.com MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. FACETSMusic.com DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FACETSMusic.com DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FACETSMusic.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FACETSMusic.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FACETSMusic.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.

FACETSMusic.com MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SERVICE.

13. Waiver and Indemnity

By using the Service, you agree to indemnify and hold FACETSMusic.com, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by FACETSMusic.com as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. You cannot sue or recover any damages from FACETSMusic.com, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of FACETSMusic.com'S conclusion that a violation of this Agreement has occurred.

14. Changes

FACETSMusic.com reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

15. Governing Law; Remedies

The laws of the State of Georgia, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with FACETSMusic.com or relating in any way to your use of the Service resides in the courts of the State of Georgia.

You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to FACETSMusic.com and/or its affiliates or licensors for which money damages would be inadequate, and in such event FACETSMusic.com, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that FACETSMusic.com, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.