READ CAREFULLY. These Terms and Conditions of Service Agreement (the “Terms of Service” or “Use Agreement”) apply to use of the Mind Verve Media website (the “Site”). The Site is the property of Mind Verve Media. Before you make any purchases, you must first establish a customer account (“My Account”). These Terms of Service will govern your customer account. BY CONTINUING TO USE THIS SITE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Mind Verve Media reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service 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 Service, Mind Verve Media 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 Service 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 audios (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 Mind Verve Media, 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 Service, 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 Mind Verve Media’s prior express written consent.
All downloaded audios, 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 audios (“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 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 Mind Verve Media 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 Mind Verve Media 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 Mind Verve Media 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.
By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for Mind Verve Media to contact you at your e-mail address.
You or Mind Verve Media may terminate these Terms of Service for any reason at any time. You also agree that Mind Verve Media 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 Service, (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 Mind Verve Media 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 Service 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, AUDIO SAMPLES, “DIGITAL DOWNLOADS,” SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE AND/OR DOWNLOADING OF AUDIO FILES OR THEIR USE. IN NO EVENT SHALL Mind Verve Media 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 Mind Verve Media SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE AUDIOS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Mind Verve Media SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF Mind Verve Media 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 Mind Verve Media SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO Mind Verve Media BY END USER.
Pursuant to 17 U.S.C. ß 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Mind Verve Media 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 Mind Verve Media and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Mind Verve Media will terminate the infringing customer’s account. Mind Verve Media 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. ß 512(c), Mind Verve Media has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Mind Verve Media 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 MindVerveMedia.com website, please contact
Mind Verve Media, via the Contact Us page, or mail at: Roxann Higuera, 2785 Pacific Coast Hwy. #195, Torrance, CA 90505, USA.
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 Service, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles, California. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises.