Double Stereo

Terms of Service

Welcome to Double Stereo, a 'music platform' and social media portal' for music fans to (((Listen, Share & Download))) music.

PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT DESCRIBES ALL OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICE AND OUR WEBSITE.

1. General Terms of Service for All Users

2. Eligibility

3. Rules of Conduct

4. Listener Service and Terms

5. Share Service

6. Description of Artist Services

7. Artist Merchandise Order Fulfillment

8. Custom Store Fronts for Artist Accounts

9. Name and Likeness

10. Limited License to Content

11. Ownership, Terms of Service

12. Payments for Content, Artist Accounts

13. Termination of Services

14. Service Limitations

15. Purchases, Payments and Billing

16. Advertising

17. Intellectual Property of Double Stereo and Others

18. Disclaimer of Representation and Warranties

19. Limitation of Liability and Remedy

20. Links to Other Sites

21. Indemnification

22. Law That Applies

23. Export Restrictions

24. Miscellaneous

GENERAL TERMS OF SERVICE FOR ALL USERS

These terms and conditions together with our Privacy Policy regarding your use of our Website constitute a binding agreement ("agreement") between you (“listener”, “user”, “you”, “your”, “Artist”, “Label”, “Band” “ Content rights holders” or “Purchaser”) and Double Stereo (“we”, “company” “us”, “Website” or “our”). All web pages within Double Stereo and all equivalent, mirror, replacement, substitute or backup web sites are referred to as our (“Website”) that includes any and all services, information, content, transactions, features and functions we provide.

In this agreement, all content, music, audio, video, audio-visual, text, graphics, artwork, images, photographs, animations, data, material, information, software, designs and other materials and legally protectable elements of our Website and our services, tangible or intangible, including, without limitation, the selection, sequence, ’look and feel’ and arrangement of items, as well as all copyright, trademarks, service marks, brand and trade names which you may encounter or use shall individually and collectively, be referred to as (“Content”).

We respect the intellectual property rights of others and if we are notified of any infringement of the legal rights of others, we will act in a manner consistent with our legal obligations and, subject to confirmation of the facts, remove that content and disable use of our Website to anyone that is or has used our Website to knowingly or repeatedly infringe the intellectual property rights of others. If you believe that our Website contains elements that infringe any copyright in your or any other work, please contact us at: info (at) Double Stereo.com.

Our Website may contain links or references to additional rules, policies and terms which apply to specific features or functions and when you use them or attempt to do so, these rules, policies and terms will also apply to you and form a part of your agreement with us.

Double Stereo reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, Double Stereo may occasionally notify you by email about changes to the Website or provide notices of changes. Please review the terms and conditions periodically. Your continued use of Double Stereo following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

A “stream” refers to Content you can play while accessing our Website on the Internet. We may make streams available on a promotional basis and sometimes we may make full or continuous streams to users. You may not record, copy, or download streamed Content, nor attempt to do so.

A “download” refers to Content you can save to fixed storage media on your computer or a CD or transfer to any compatible portable devices and then play back. Downloaded Content is for your personal use and you may not share or transfer downloads with others. Registered Users, may purchase a copy of Content through a Payment Transaction or download free songs provided by Artist. Even when you make a Payment Transaction and purchase a copy of any particular Content, these downloads and the Content you download are still and remain subject to the licensing and use rights restrictions which we or the Content rights holder assign. In general you can continue to play back and enjoy the permitted use of these downloads, even if you decide to terminate your registration on our Website. Even if you terminate your registration with us, you will remain subject to these terms and conditions.

ELIGIBILTY

Please note that our Website and the services offered are only open to users 13 years and older. Purchasers must be at least 18 years of age or older. If for any reason you do not accept and agree to all the terms and conditions of this Agreement, or if you are not at least 13 years old, please discontinue using our Website. Do not sign-up or register and do not access or use any of our services. If you do or attempt to do any of these things, you are agreeing to be bound by this Agreement and you may immediately be in violation of its terms and conditions. Double Stereo does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

RULES OF CONDUCT

Double Stereo is a positive, cool music platform and community for music fans to check out emerging music. You agree NOT TO:

- Post content that is obscene, offensive, defamatory, indecent, harmful, libelous, unlawful and/or other objectionable material/information intended to harass, abuse, threaten, impersonate any other individual or entity.

- Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes.

- Use the Services for commercial purposes - other than in connection with the exploitation of your music or film - including, without limitation, for the advertising or offering of goods or services.

- Transmit or upload programs or material that contain viruses, time bombs, cancel bots, worms, Trojan horses or other harmful or deleterious programs.

- Transmit or upload any material that contains software or other material that is protected by intellectual property laws and/or would infringe upon rights of privacy or publicity of a third party unless you own or control the rights thereto or have received a license, permission and/or consent thereto.

- Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services. Your use of our Website and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password.

- Violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Services.

Double Stereo will not be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via our Website.

LISTENER SERVICE AND TERMS

Listeners may sign up free to our music community to download free music, comment, purchase digital downloads, and shop for music related content provided by Artist. Our site provides transaction processing via credit cards for the sale of music and any music-related content and merchandise. Our site also provides customer service for buyers as well as technical support.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Double Stereo, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. You acknowledge and agree that by using our Website, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Double Stereo at your sole risk. Under no circumstances will Double Stereo be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. Double Stereo reserves the right to monitor some, all, or no areas of our Website for adherence to these Terms of Service or any other rules or guidelines posted by Double Stereo.

SHARE SERVICE

Double Stereo offers a feature whereby users of our Website can share with others or post reviews, comments, and other Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules and the other terms and conditions set forth in these Terms of Service.

DESCRIPTION OF ARTIST SERVICES

Double Stereo's core business is a f ree digital music platform and merchandise order fulfillment company. We provide a non-exclusive, f ree digital music platform for independent record labels, major record labels and bands. Artists upload their information and musical content to stream or sell digitally with no sign up fees or membership fees.

Double Stereo is selective and pre-screens all Artists that sign up to use our services to maintain a quality experience for all users of our Website. When Artist sign up is approved, Artist will receive an “Artist page” and “Custom Store Front” that includes their information and musical content to stream or sell digitally.

ARTIST MERCHANDISE ORDER FULFILLMENT

Our company offers the merchandise order fulfillment service only to selected Double Stereo Artist's that are associated with agencies, management, labels or other industry professionals. We reserve the right to offer our merchandise order fulfillment service to specific Double Stereo Artists and companies.

CUSTOM STORE FRONTS FOR ARTIST ACCOUNTS

All approved Artist accounts on Double Stereo receive a custom store front and custom website link specific to that Artists custom store front. This custom store front is a featured optional service provided by our company. Your custom store front automatically includes sale content that you upload to your Artist account.

Our Website may contain links like this custom store front or references to additional rules, policies and terms which apply to specific features or functions and when you use them or attempt to do so, these rules, policies and terms will also apply to you and form a part of your agreement with us

NAME AND LIKENESS

By registering for and maintaining an Artist Account, you grant Double Stereo a non-exclusive license to use and to permit others to use throughout the universe the professional name of Artist, likenesses posted on the Artist Page, other identifications, and biographical material posted on the Artist Page concerning said Artist. Double Stereo shall have the right to market, promote and advertise the Content as available and makes no guarantees whatsoever about there being any minimum sales or uses of any Content.

LIMITED LICENSE TO CONTENT

All Content must be owned or controlled by you and/or have been cleared by you for all purposes and rights granted and authorized hereunder by you.

To provide our Services, you hereby grant Double Stereo a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (i.e., re-sizing of photos and/or encoding of audio files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through Double Stereo, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other Double Stereo website through links to our Website, and to sublicense such rights solely as necessary to provide the Products and Services. The license will terminate at such time as you remove your Content from Double Stereo.

Double Stereo claims no ownership interest in any of the Content (including, without limitation, master recordings, videos, artwork and photographs) posted by you on our Website. The copyright to all such Content will remain with its original owner.

By posting Content on Double Stereo, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on Double Stereo.

All Content is protected by intellectual property and other laws, regulations and international treaties. Any item sold in our site will result in payment to Artist as indicated in our (ARTIST) payment clause.

OWNERSHIP, TERMS OF SERVICE

“Artwork” means album cover artwork and any other artwork that you provide to Double Stereo. All artwork shall be deemed approved and cleared by you for all purposes unless you provide us with written notice to the contrary. “Metadata” means the digital information conveying information regarding a Digital Master, such as your name, the title of the applicable album, the name of the song and the record company name, and it shall be subject to the protection of Title 17, Section 1202 of the United States Copyright Law. “Electronic Transmission” means any transmission of Content to the consumer, whether sound alone, sound coupled with an image, or sound coupled with data, in any form, analog or digital, now known or later developed (including, but not limited to, limited downloads, permanent downloads, streams, audio-only recordings or audiovisual recordings made available through portable subscription services, mobile tones, “streaming audio”, “streaming audio/video”, “digital downloads”, direct broadcast satellite, point-to-multipoint satellite, multipoint distribution service, point-to-point distribution service, cable system, telephone system, broadcast station, and any other forms of transmission now known or hereafter devised) whether or not such transmission is made on-demand or near on-demand, whether or not a direct or indirect charge is made to receive the transmission and whether or not such transmission results in a specifically identifiable reproduction by or for any transmission recipient. All references in this Agreement to the “distribution” of Content, unless expressly provided otherwise, shall be understood to include the distribution of master recordings by way of Electronic Transmission.

1. You hereby grant Double Stereo the non-exclusive right, during the Term and throughout the universe, to: (a) digitally reproduce and convert your Content; (b) perform and make available for promotional purposes, portions of your Content by “streaming” to promote its license, sale and distribution; (c) promote, sell, distribute, deliver and/or otherwise exploit Content and associated metadata via Electronic Transmission to purchasers who may use such Content in accordance with usage rules agreed by Double Stereo; (d) use your Content, Artwork and related metadata as may be reasonably necessary or desirable for Double Stereo to exercise its rights under and in furtherance of this Agreement.

2. You shall obtain and pay for any and all clearances and licenses as may be required in each territory or any portion thereof for uses of your Content, Artwork and metadata. You shall be responsible for and shall pay: (a) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of the Content; (b) all mechanical royalties or other sums payable to publishers and/or authors or co-authors of musical compositions embodied in Content from sales or other uses of such Content; (c) all payments that may be required under any collective bargaining agreements applicable to you or any third party; and (d) any other royalties, fees and/or sums payable with respect to your Content, Artwork, metadata and other materials provided by you to Double Stereo. You agree that the amount payable to you is inclusive of any so-called “artist royalties” and “mechanical royalties” that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction.

3. As between you and Double Stereo, all right, title and interest in and to your Content, and all copyrights and equivalent rights embodied therein, and all materials furnished by you, shall be and remain your property.

4. Double Stereo reserves the right to change, modify, add to or remove all or part of this Agreement, upon notice to you sent via email at least ten (10) days prior to their effective date. In the event that you do not consent to any such proposed changes your sole recourse shall be to terminate the Term of this Agreement by notice to Double Stereo as provided above, and your failure to do so within ten (10) days of the date of any such email from Double Stereo to you shall constitute your acceptance of such changes. The expiration of the Term of this Agreement shall not relieve either party from their respective obligations incurred prior to or during the Term. Accordingly, provisions of this Agreement will continue to apply even after the expiration of the Term.

5. You represent and warrant that you have the full authority to act on behalf of any and all owners of any right, title or interest in and to your Content or Artwork. You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by shall not violate or infringe the rights of any third party. Each party represents and warrants that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement. Each party represents and warrants that it shall perform their obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.

6. You agree to fully indemnify and hold Double Stereo harmless, and upon Double Stereo request, defend Double Stereo and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim. Accordingly, you agree to reimburse Double Stereo and its licensees on demand for any payments made in resolution of any liability or claim that is subject to indemnification. Double Stereo shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for Double Stereo benefit you may assume control of the defense of such claim, provided that Double Stereo shall have the right in all events to participate in the defense thereof.

7. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, or employee. This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties. This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with the Company website, or as properly updated. This Agreement shall be governed and interpreted in accordance with the internal laws of the State of Texas applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. The titles used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns.

PAYMENTS FOR CONTENT, ARTIST ACCOUNTS

Artist sets the price of any digital downloads, albums and or physical merchandise made available on our Website. We will pay out to Artist on a monthly basis according to the price that has been chosen by you based on net revenue for each item. A detailed accounting statement and check payable in U.S. Dollars in the appropriate amount will be sent to you at the beginning of each month, except if this agreement terminates, then you will receive payment within 30 days of termination. If you are acting on behalf of an Artist, the responsibility to distribute payment to the individual Artist is solely the responsibility of you. We agree to keep accurate books and records covering all transactions related to this agreement.

Double Stereo shall pay Artist amount equal to one hundred percent (100%) of the net amount for the sale of a single, $0.99 digital download after a $0.39 transaction fee. Double Stereo shall retain $3.50 for every digital album sale, physical album sale or merchandise sale when priced at $9.99 or above. A digital album is a collection of 9 or more tracks from a specifically titled album. Double Stereo will retain the standard $0.39 transaction fee for all individual tracks purchased that are not listed under a specific title.

Double Stereo shall make payments to you on a calendar monthly basis. You are solely responsible for keeping up with Artist contact name and address for Payment. Payments are to be made within 30 days of the conclusion of the month to accounts who have accumulated a minimum of $15.00 in earnings. If your account earns less than $15.00 in a given month that sum will be carried over to subsequent months until such time as the amount earned exceeds the $15.00 payment threshold. At no point will payments of less than $15.00 be made unless as a final payment on a cancelled account. Such payment obligation shall constitute full consideration for all rights granted and all obligations undertaken by you hereunder.

During the registration process, you will be asked to provide payment information for Artist sales. Double Stereo is not a bank or other chartered or licensed financial or depository institution. In addition, Double Stereo shall have no responsibility to you or any other person to investigate the background of, or confirm the rights or identity of Content rights holders, nor do we make any representations or warranties regarding the Content or intellectual property rights, ownership or otherwise with respect to the Content, except as required by law and we are providing a download and Payment Transaction service only for and on behalf of Content rights holders under separate contracts with them.

Our Website is not a party to, and shall not be involved in or responsible for, transactions, Agreements and/or disputes between you and any Content rights holders or any other Purchasers arising from the use of our Website or any Payment Transaction. You agree you shall not involve Double Stereo in any dispute, demand, claim, litigation or other legal or regulatory proceedings arising out of or related to any transaction, including a Payment Transaction, this Agreement, or any arrangement or contract we may have with any Content rights holder, other Purchaser, Advertiser or other third party in connection with our Website or any Content. If Purchaser nonetheless attempts to do so (i) Purchaser shall pay all costs and attorneys’ fees of Double Stereo and shall indemnify and hold Double Stereo harmless from any damages, losses, costs and expenses (including attorneys’ fees) Double Stereo may incur or suffer as a result.

TERMINATION OF SERVICES

You may terminate your registration and use of our Website at any time and for any reason and, of course, you are under no obligation to make any purchases or Payment Transactions with us. If you have any questions about terminating your registration, you can send us an e-mail to: info (at) Double Stereo.com, with your E-mail Address and Password information. We may ask you to provide us with certain other Registered User Information for security and verification purposes. You understand and agree that termination or cancellation of your registration and use of our Website, is your sole right and exclusive remedy with respect to any dispute you may have with us.

Should you violate these Terms of Service or any other conditions of Double Stereo, we reserve the right to, in our sole discretion, to terminate your account, or access to our Website at any time, without warning. Upon termination, suspension, deactivation, cancellation or any other cessation of your right to use our Website, you will not be entitled to compensation, damages, nor any refund of monies previously paid, nor will you be relieved of any obligation you agreed to, including the payment for purchases incurred through Payment Transactions you have already made. Any and all monies due and outstanding on the effective date of termination, together with any obligations you may have committed to prior to the effective date of termination, shall be accelerated, be immediately due, owing and payable by you and we may collect the full amount thereof from your Payment Account without further notice or obligation to you.

Double Stereo may terminate, cancel, deactivate, suspend or otherwise discontinue your right to use our Website, your registration and your right to make Payment Transactions without any liability or further obligation of ours of any kind whatsoever to you or any other party, at any time for any reason in our sole and absolute discretion and including situations in which you breach (or we believe you have breached or are attempting to breach) this Agreement, if we are notified or determine (or have reason to believe) you have or are engaging in conduct or activity that infringes on our rights or the rights of any party, and we have the right to declare all monies then due, owing and outstanding immediately due and payable and you will not be entitled to a refund of any amounts previously paid.

If we terminate, cancel, deactivate, suspend or otherwise discontinue your right to use our Website, your registration and your right to make Payment Transactions and you have not breached this Agreement or violated any laws or regulations, then we shall, unless prohibited or restricted by law, continue to provide you with such rights to continue using the Content which you have downloaded and purchased and for which payment has already been made by you.

You are responsible for any payment of merchandise that will be returned to you within 30 days of termination. Failure in payment to return merchandise back to you or your representation will permit Double Stereo.com to keep merchandise. Failure to provide inventory or other reasons which prevent Double Stereo.com from servicing customers may constitute for termination.

SERVICE LIMITATIONS

Double Stereo makes reasonable efforts to keep our Website available and operational, however, technical difficulties, routine site maintenance, enhancements, upgrades and events outside our control may, from time to time, result in service interruptions. We also reserve the right, at any time and from time to time, to modify, suspend, terminate or discontinue, temporarily or permanently, features and functions of our Website with or without notice. You agree that Double Stereo shall not be liable to you or any third party if we modify, suspend, terminate or discontinue our Website, in whole or in part, or any features or functions of our Website.

If you download Content, you may only make copies for your own personal use and only in compliance with all laws, regulations and the terms and conditions of this Agreement. Our Website is designed for personal use and you are not allowed to use any automated system for the selection or downloading of Content or any other feature or function of our Website. Double Stereo reserves the right to immediately and permanently terminate your registration and your use and access to our Website if you are, or Double Stereo believes you are, in violation or breach of this or any other provision of this Agreement.

If you have purchased and downloaded Content, it is your responsibility not to destroy or damage it and we are not and shall not be responsible if any Content you download is lost, destroyed or damaged. You may transfer downloaded Content you have purchased to any portable devices that are compatible with our Website, subject to the rules applicable to that Content and the terms of this Agreement, including, without limitation, our security requirements, but once transferred to a portable device, you may not copy, distribute, or transfer it from that portable device to any other device or portable media.

Your use of our Website is at your own risk and as between you and us, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of our Website or associated with your use of our Website. Without limiting the foregoing, we are not responsible or liable to you or anyone else for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of our Website.

Portions of our Website contain or utilize Software, Content, features and/or functions supplied, licensed or provided by our third party suppliers and licensors. Your Agreement to comply with the terms and conditions of this Agreement and respect and protect the intellectual property and other rights of others, including us, is also undertaken for the benefit of those third party suppliers and licensors. We will advise you if there are additional terms or conditions which apply to third party Content, Software, features or functions and you must agree to them before you may use these.

PURCHASES, PAYMENTS AND BILLING

When you initiate the purchase of any Content, you authorize Double Stereo, its agents, service providers and payment processors to confirm that a Payment Account provided by the Purchaser for use in connection with a Payment Transaction or otherwise, is valid and in good standing with the issuing U.S. financial institution, including, but not limited to, by submitting a request for payment, payment authorization, low dollar credit or debit to the Payment Account. Double Stereo, in its sole and absolute discretion, may refuse to approve any Payment Transaction, with or without cause or notice, other than any notice required by any applicable law.

Our Website facilitates processing of Payment Transactions to make payment for a purchase between a Purchaser and our Content rights holder. We will store information from Purchasers regarding, among other information, their Payment Transactions, Payment Accounts and billing information. We will process your Payment Transactions on behalf of the applicable Content rights holder and we may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Agreement, as determined in our sole and absolute discretion.

Purchaser authorizes the charge or debit to Purchaser’s Payment Account necessary to complete processing of a Payment Transaction. Purchaser also authorizes crediting Purchaser’s Payment Account in connection with reversals or refunds. Purchaser acknowledges and agrees that Purchaser’s purchasing of Products are transactions between the Purchaser and the applicable Content rights holder, and not with Double Stereo. Double Stereo is not a party to Purchaser’s purchase of Content, and Double Stereo is not a buyer or a seller in connection with any Payment Transaction, unless expressly indicated in the listing of the Content on our Website.

Your Payment Account will be billed and you agree to and shall pay all Purchase Amounts and/or other charges incurred in connection with your E-mail Address. If you want to designate a different payment account from among those we currently accept, if there is a change in validity or expiration date, or if you believe someone has accessed our Website using your E-mail Address and Password without your authorization, you must contact Double Stereo immediately at info (at) Double Stereo.com. Until you notify us, you will continue to be responsible and liable for any activity, purchases and transactions associated with your E-mail Address and Password.

Unless Double Stereo is notified of any discrepancies within 30 days after the Transaction Payment date appears on your Payment Account billing statement, billed amounts will be deemed accepted by you for all purposes, including resolution of inquiries made by the financial institution applicable to your Payment Account. You hereby release Double Stereo from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Double Stereo within 30 days of its first appearance on an invoice, billing or any Payment Account statement or notification to you.

We have no responsibility or liability whatsoever for anything you obtain from or through other web sites, even if you were directed or linked to such a web site through our Website, nor are we responsible for assisting you in correcting any problem you may experience with respect to any goods or services other than Content obtained from a Payment Transaction with us. We reserve the right to refuse, cancel, terminate rights and/or seek the return of Content purchased in violation of the foregoing.

You are solely responsible for paying all taxes, duties, government levies and other charges imposed by a taxing or other regulatory authority relating to your Payment Transactions. You are solely responsible for arranging payment for any and all charges for your use of any third party services via our Website.

ADVERTISING

Users may from time to time enter into correspondence with or participate in the promotions of advertisers or providers of third party services through the Site. All such correspondence, including, without limitation, any resulting contractual agreements, is solely between the advertiser and the user and, as such, we shall not be responsible for upholding any applicable terms, conditions, and representations of warranties made by advertiser or user in connection therewith.

INTELLECTUAL PROPERTY OF DOUBLE STEREO AND OTHERS

Except as expressly provided, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Double Stereo in connection with our products and services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Double Stereo or any of Double Stereo affiliates. You agree not to use any of the trademarks or service marks or other Content accessible through Double Stereo for any purpose other than the purpose for which such Content is made available to users by Double Stereo. You agree not to defame or disparage Double Stereo, the trademarks or service marks of Double Stereo, or any aspect of our products and services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the products and services or any software or programs used in connection with Double Stereo.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

OUR WEBSITE, CONTENT AND ALL MATERIALS, GOODS, SERVICES, FEATURES AND FUNCTIONS THEREOF, ARE ALL MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THEY WILL BE AVAILABLE FOR USE OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE, PERFORM AS DESCRIBED OR THAT YOUR USE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS.

WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR EQUIPMENT, SOFTWARE, WRITING, PLAYBACK, RECORDING DEVICE OR MOBILE OR PORTABLE PLAYER OR ANY OTHER DEVICE WILL BE COMPATIBLE WITH OUR SERVICE OR THAT ANY CONTENT WILL FUNCTION IN, ON OR WITH ALL DEVICES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE YOUR EQUIPMENT, SOFTWARE, DEVICES AND SYSTEMS FUNCTION CORRECTLY WITH OUR WEBSITE, ANY CONTENT AND/OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY UNAUTHORIZED USE OF OUR WEBSITE AND/OR CONTENT, BY YOU OR ANYONE USING YOUR REGISTRATION, YOUR PAYMENT ACCOUNT, YOUR EMAIL ADDRESS, PASSWORD OR OTHER IDENTIFICATION.

LIMITATION OF LIABILITY AND REMEDY

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT, OUR WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM OR THE FORM OF ACTION, INCLUDING, WITHOUT LIMITATION, DAMAGES THAT MAY BE INCURRED BY OR BECAUSE OF THIRD PARTIES AND EVEN IF YOUR USE RESULTS IN DAMAGE TO OR THE NEED FOR SERVICING OR REPLACING EQUIPMENT, DATA, CONTENT, SOFTWARE OR SYSTEMS OR PORTABLE OR OTHER DEVICES YOU USE AND REGARDLESS OF WHETHER A CLAIM OR DAMAGES ARISE FROM OR ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

IN THE EVENT AND TO THE EXTENT, BUT ONLY TO THE EXTENT, THAT IN A PARTICULAR SITUATION, A LIMITATION ON REMEDIES, DAMAGES OR LIABILITY SET FORTH IN THIS AGREEMENT IS PROHIBITED OR RESTRICTED BY LAW, THEN, AND ONLY THEN, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND EQUITY IN SUCH SITUATION, BUT IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE CONTENT INVOLVED IN THE PAYMENT TRANSACTION.

LINKS TO OTHER SITES

Our Website may produce automated or other search results and may enable you to re-direct your browser to other web sites on the Internet, including links through advertising and Promotions. These are for your convenience and the appearance, availability or re-direction of your browser and/or your use of search capabilities, URLs or any hypertext links referenced or included in our Website or any other link or re-direction of your connection to, with or through our Website, does not constitute an endorsement, nor does it incur any obligation, responsibility or liability on our part. Third party sites are not under our control and we do not verify, endorse, or have any responsibility for them, nor for any content, goods or services associated with or obtained in connection with any such web site. If any third party obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Statement, which describes how we collect and use your personal information. Your access and use of any third party sites linked to our Website or otherwise, is entirely at your own risk.

INDEMNIFICATION

You agree to indemnify, defend and hold us, our Content rights holders, as well as any other Content providers, Artists, distributors, licensors and our and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims (including, without limitation, any claim you have improperly downloaded, encoded, compressed, copied, displayed, accessed, used or transmitted any Content), actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your breach or violation of this Agreement, any third party right or any law or regulation. We reserve the right to assume or authorize any Content rights holder to assume, at our or their expense, the exclusive defense and control of any such claim or action and all negotiations for its settlement or compromise, and you agree to fully cooperate in the defense of any such claim, action, settlement or compromise negotiations.

LAW THAT APPLIES

Our Website is operated by us or on our behalf and is intended solely and exclusively for residents of the Territory, who are at least 13 years of age or older. This Agreement and your use of our Website shall be governed by, construed and enforced under the laws of the State of Texas applicable to contracts made, executed and wholly performed in Texas. For all legal or equitable actions, you agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of Texas and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded and, if and to the extent applicable, you agree with us to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

EXPORT RESTRICTIONS

You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Content or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia (except Kosovo), Sudan and Syria or any other country subject to a U.S. embargo or (b) to anyone on the U. S. Treasury Department’s list of Specially Designated Nationals or the U. S. Commerce Department’s Denied Parties List or Entity List. By using our Website you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list and (iii) you will not export or re-export Content to any prohibited county or to any prohibited person, entity, or end-user as specified by U.S. export controls. For more information on the U. S. Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and the Bureau of Export Administration, please see their website homepage at http://www.bxa.doc.gov.

We make no claim Content is appropriate for any particular person, audience or purpose, or that our Website, or Content may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries. If you are not permitted to use our Website, download or use Content, initiate or consummate a Payment Transaction from outside of the United States and you do or attempt to do so, it is at your own risk and you are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any Content or other materials to countries or persons prohibited under the export control laws and regulations. By using our Website, using or downloading Content, initiating or consummating a Payment Transaction, you are agreeing you are not in a country where such export is prohibited and you are not on the U. S. Commerce Department’s Table of Denial Orders or the U. S. Treasury Department’s list of Specially Designated Nationals. You are solely responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Content or Products.

MISCELLANEOUS

If any term or condition of this Agreement is held illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision of this Agreement which must survive in order to allow us or any Content rights holder to enforce its meaning shall survive; however, no action arising out of this Agreement or your use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). No waiver or delay or failure to take action shall constitute or be construed as a waiver of that or any other term or condition.

Double Stereo may communicate with you regarding by means of electronic communications, including (a) sending electronic mail to the e-mail address you provided to Double Stereo during registration or (b) by posting of notices or communications on our Website. Electronic communications shall be considered received by you when Double Stereo sends the electronic communication to the e-mail address you provided at the time of registration (or as updated by you as required) or when we post the electronic communication on our Website. Double Stereo may provide communications or records to Purchaser by means of electronic communications and for those electronic communications that Double Stereo is or may be required by law to provide in a written paper form to you: (a) you may contact us at: info (at) Double Stereo.com to request another electronic copy of the electronic communication without a fee, (b) you may request a paper copy of the electronic communication, (c) you may contact us through our Website contact page to update your registration information (such as e-mail address) used for electronic communications or to withdraw your consent to receive electronic communications and (d) we reserve the right to terminate your use of our Website if you decline or withdraw consent to receive electronic communications from us.

This Agreement is personal to you and you may not transfer, assign, convey or delegate it to anyone else and any attempt by you to do so shall be null and void.

YOU ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT, INCLUDING ALL OTHER AGREEMENTS, DOCUMENTS AND REFERENCES HEREIN, INCLUDING OUR PRIVACY STATEMENT, THAT YOU UNDERSTAND IT AND THEM, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US WHICH SUPERSEDES ANY PRIOR OR INCONSISTENT OR OTHER AGREEMENT, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO OUR SERVICE.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to Double Stereo.

NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

PLEASE SEND ANY INQUIRIES RELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following address:

Notification of Claimed Infringement:

Double Stereo.com LP

PO Box 4397

Austin, TX 78765

Telephone Number: 512.825.9108

Email Address of Designated Agent: info (at) Double Stereo.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

* An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

* Identification of the copyrighted work (or works) that you claim has been infringed;

* A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

* A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

* Your name, address, telephone number, and e-mail address;

* A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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