License and Use Agreement for MP3 purchases
By agreeing to these terms of use (“Agreement”), you are representing that you are an authorized user for this account and are agreeing that your Verizon Wireless account will be charged the price(s) shown onscreen for your selected content (“Content”), which will appear on your next bill or be deducted from your prepay account. Verizon reserves the right to revise or update this Agreement at any time by posting a new version, and your subsequent use of this service indicates your acceptance of any changed or new terms. To download purchased MP3s, you must install the free MP3 Download Manager software on your PC. The MP3 Download Manager is compatible with the following operating systems: Microsoft Windows Vista® Home Premium, Business, Ultimate, Windows Vista SP1, Windows XP SP2 and SP3. Verizon and/or its third party Content licensors (“Licensors”) may remove Content, and Verizon may change Content fees, in each case without prior notice. Only Content labeled “explicit” by Licensors is labeled “explicit” here. Verizon has no liability to you or anyone else for Content you or others consider offensive, indecent or objectionable. ALL SALES ARE FINAL.
License; Restrictions. Subject to this Agreement and your prompt payment of all related charges, Verizon grants you a limited, non-exclusive, non-transferable license to use Content solely for your personal, noncommercial, entertainment use. Your rights with respect to Content are limited by copyright law. All rights regarding use of Content not expressly granted in this Agreement are reserved by Verizon and/or Licensors. You will not attempt to modify Content for any reason, including for the purpose of creating a ring tone or disguising or changing ownership or source of the Content. You will comply with all applicable laws, rules and regulations when using Content.
Your Representations and Warranties. You represent, warrant and agree that: (i) you will use Content for your own personal, noncommercial entertainment use; (ii) you will not redistribute, rebroadcast, publicly perform, or publicly display Content, transfer any copies of Content, or otherwise use Content in any way that would infringe the copyright therein; and (iii) you will not reverse engineer, decompile, disassemble or otherwise tamper with or modify any software or Content.
Indemnification. You agree to indemnify and hold harmless Verizon, its parents, subsidiaries, affiliates, officers, employees, Licensors, contractors from and against any and all losses, damages, and/or costs, including reasonable attorneys' fees and expenses, that arise from or relate in whole or in part to: (i) your breach of your representations and warranties; (ii) any claim that your use of Content infringes or otherwise violates a third party's intellectual property or other rights; or (iii) your violation of this Agreement. Licensors are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
NO WARRANTIES. THE SERVICE INCLUDING ALL CONTENT, SOFTWARE, AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND FROM VERIZON OR ANY LICENSOR. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VERIZON AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER VERIZON NOR ANY LICENSOR WARRANTS THAT THE SERVICE OR ANY CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. NEITHER VERIZON NOR ANY LICENSOR WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. YOU AGREE THAT THESE LIMITATIONS ON THE LIABILITY OF VERIZON REFLECT A REASONABLE ALLOCATION OF RISK AND THAT SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR VERIZON TO ALLOW YOU TO ACCESS AND PURCHASE CONTENT.
Termination. Verizon reserves the right in its sole discretion to restrict your access to the Media Store and/or terminate your wireless service without notice for any violation or threatened violation of this Agreement. Upon voluntary or involuntary termination of your wireless service, your ability to log into the Media Store immediately will be blocked and you will lose any music purchased but not yet downloaded. Verizon has no obligation to return or restore deleted Content. This Agreement shall survive termination or expiration of your Customer Agreement.
The MP3 Download Manager is compatible with the following operating systems: Microsoft Windows Vista® Home Premium, Business, Ultimate, Windows Vista SP1, Windows XP SP2 and SP3, and Mac OSX 10.5.
Last Updated: 03/2009