TERMS AND CONDITIONS
IMPORTANT - YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS AND ACCEPT THEM BY CLICKING ON THE CHECKBOX THAT APPEARS ON THE REGISTRATION PAGE INDICATING THAT YOU AGREE TO THESE TERMS AND CONDITIONS.
Trademark. Billboard and Billboard Digital Music Store as well as all custom graphics, icons, logos and service names are registered trademarks or service marks of Prometheus Global Media, LLC (“PGM”). All other trademarks or service marks are the property of their respective owners. The use of any Billboard trademark or service mark without PGM's express written consent is strictly prohibited.
Billboard may disclose any information we have about you (including your identity) if we determine that it is necessary for the purpose of investigating any complaint regarding your use of the Site, or if we determine that it is necessary in order to comply with any applicable law, regulation, legal process or governmental request, including exchanges with other entities for fraud protection purposes.
While Billboard takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL BILLBOARD OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BILLBOARD WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Definitions. A “Primary Computer” is a personal computer (a traditional consumer desktop or notebook computer intended for use by an individual user) located in the United States that you own and use for your personal, non-commercial use. A “Secondary Computer” is a different compatible personal computer that you own and use for your personal, non-commercial use. A “Portable Device” is a compatible portable consumer electronics device that you own and use for your personal, non-commercial use for entertainment purposes only.
Standard Usage Rules. You may download music to a Primary Computer. You may then transfer music files and backup license files to up to two (2) Secondary Computers (but without rights to further transfer or copy from those Secondary Computers. You may play music an unlimited number of times on your Primary Computer and your Secondary Computers. You shall be entitled to: (a) burn (only from your Primary Computer) Digital Downloads solely for personal, non-commercial use up to ten (10) times; and (b) export Digital Downloads (solely from the Primary Computer) an unlimited number of times to a Portable Device (as defined below). The foregoing are collectively referred to as the "Standard Usage Rules", and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the "Usage Rules".
General. Digital Downloads may be used in their original format only. Digital Downloads may not be used as a musical ringer (ringtone, ring tune, master tone, etc.).
You are solely responsible for protecting Digital Downloads from loss, damage, or destruction; Billboard is not obligated to refund or replace Digital Downloads that are lost, damaged or destroyed, regardless of the cause.
Certain labels and licensors of Digital Downloads may require stricter usage rules than the Standard Usage Rules. When applicable, we will identify these more restrictive usage rules prior to your purchase of a Digital Download that is subject to any such restrictive usage rule. You may only download, transfer, copy and use the Digital Downloads as stated in the particular Usage Rules for that Digital Download, which Usage Rules are hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved. As a condition of licensing each Digital Download, you represent to Billboard that you understand and agree to the limited uses associated with a particular Digital Download's Usage Rules.
5. Prohibited Uses of Digital Downloads and/or the Service.
- You will not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads.
- You will not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet.
- You will not create any "derivative works" by altering any of the Digital Downloads.
- You will not use the Digital Downloads in conjunction with any other third-party content (e.g., to provide sound for a film).
- You will not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices).
- You will not attempt to access or use the Service if your permission to use the Service has been previously revoked or terminated by Billboard.
- You will not use or exploit the Service or any part of it for any commercial or promotional reason or purpose whatsoever.
- You will not use the Service or any part of it in any manner or for any reason or purpose that infringes the rights (including without limitation privacy and intellectual property rights) of any other person.
- You will not copy, reproduce, imitate, republish, upload, post, transmit, translate, modify, enhance, create derivative works from, index, catalogue, mirror, display, publish, perform, transfer, assign, license, sublicense, sell, resell, lend, lease, loan, distribute, rent, or otherwise give or make available the Service or any part of it, or merge, embed or combine the Service or any part of it with any other services, software or content, in any way, in whole or in part, without the express prior written consent of Billboard.
- You will not directly or indirectly use the Service or any part of it, or assist or encourage other persons to use the Service, in any manner or for any reason or purpose that may damage, disrupt, disable, harm, overburden, compromise or degrade the integrity, efficiency, performance or security of the Service or any related computer systems or any other person’s use and enjoyment of the Service or the Internet generally.
- You will not create or maintain any links to the Service or any part of it without the express written permission of Billboard.
- You will not directly or indirectly frame, mirror, scrape, or data-mine the Service or any part of it in any form or by any method (including without limitation spiders, robots, avatars, intelligent agents, or other automated or manual processes).
- You will not attempt to circumvent the navigational structure of the Service or the presentation of any Content, or access or use the Service or any part of it in any way or through any means not expressly authorized and purposely made available through the Service by Billboard.
- You will not, and shall not permit or cause any other party to (i) copy, use, or modify the software or any component thereof, (ii) disassemble, decompile, reverse engineer or otherwise attempt to discover any binary code, source code or proprietary information, or (iii) interfere or attempt to interfere with the operation or running of the Site and/or Service with any virus, worm, Trojan horse, adware, spyware or any other form of malicious code or software.
7. Objectionable/Explicit Material. You acknowledge that the Service may include Content that you may consider offensive, indecent, or otherwise objectionable, and which may or may not be identified as having explicit language. Certain Content may be identified with a “Parent Advisory” or “Explicit Language” warning. Information regarding those warnings may be obtained from the websites: www.parentalguide.org and http://www.riaa.com/toolsforparents.php?content_selector=parental_advisory.
Billboard is not responsible or liable to you or any other person for any Content that you find objectionable, even if it does not have a warning.
8. Technical Requirements. To access and use the Service or the Content obtained through the Service, you will require Internet access and certain computer hardware, operating systems, software, smart phones and portable music players that are compatible with the Service and comply with the Usage Rules (see Section __) and Security Components (see Section ___). Your use of Content may require Internet communications with the Service and the ongoing involvement of Billboard, or other persons. Site to function on standard set of browser/operating system combinations (IE8+ (excluding IE10 in the pre-beta format), Chrome7+, Firefox 3.5+, Safari 4+/Windows XP, Windows 7 (including Vista), MAC OS X 10.5 and higher), and may be changed by Billboard from time to time. You may be required to update or upgrade your hardware, operating systems, software, and portable music players from time to time in order to access and use the Service and the Content. You are solely responsible and liable for: (a) obtaining, paying for, configuring, maintaining, updating, and protecting from loss and damage (including virus protection and regular data backup) all compatible equipment and services necessary for you to access and use the Service; and (b) maintaining and protecting from loss and damage (including virus protection and regular data backup) all Content you obtain through the Service.
9. Security Components and Watermarks. The Service (including but not limited to Digital Downloads and other Content) contains: (a) technologies (including but not limited to notices, proprietary codes, means of identification, authentication measures, and rights management information) designed to protect against unauthorized access or use and to control your use of Digital Downloads and other Content in accordance with applicable Usage Rules (the “Security Components”); and (b) visible and non-visible identification, marks and codes that identify you as the person that downloaded the Content from the Service and specify certain applicable Usage Rules and other information (the “Watermarks”). Security Components and Watermarks are an inseparable part of each Digital Download. The Service may also automatically install Security Components on your Primary Computer, your Secondary Computers, and your Portable Devices to register those computers and devices with the Service. You will not attempt to, or authorize or assist any other person to, reverse engineer, decompile, disassemble, decrypt, alter, change, remove, interfere with, obscure, destroy or otherwise circumvent or tamper with the Security Components or the Watermarks or the limitations or restrictions on your access to or use of the Service and the Content at any time, by any means (including without limitation by hacking, password mining or similar technologies or devices), or for any reason or purpose whatsoever (including without limitation for the purpose of disguising or changing the source or ownership of the Content). Digital Downloads may not be used in conjunction with any software application (including a CD burning application), personal computer, or portable device that does not recognize and respect the Security Components and enforce the Usage Rules.
11. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, OR ANY SERVICE OR FEATURE OR INFORMATION ARE PROVIDED ON AN "AS IS” AND “AS-AVAILABLE BASIS." BILLBOARD EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
15. This site is not directed at children under the age of 13 and we endeavor not to knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that this site has collected the personally identifiable information of a child under the age of 13, please contact firstname.lastname@example.org.
If you have any questions or comments, please contact Billboard at the following address:
Attn: Legal Department, Billboard
625 N Michigan Ave
Chicago, IL 60611