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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.

These Terms and Conditions ("Terms of Use") apply to use of the Billboard Digital Music Store (“Billboard,” “we” or “us”) website located at http://www.billboardmusicstore.com and all associated sites (“Linked Sites”) linked to http://www.billboardmusicstore.com by Billboard (sometimes collectively hereinafter referred to as the "Site"). The Linked Sites may also have Terms and Conditions which you may have to agree to in order to use the Linked Sites. This Site is the property of Billboard. BY USING THE SITE (INCLUDING ANY LINKED SITE) YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THIS SITE OR LINK TO ANY LINKED SITE.

Billboard reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use 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.

1. Access to Site. As long as you comply with these Terms of Use, and any modifications, Billboard grants you ("you” or “End User") a revocable, personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.   These Terms of Use are a binding contract between you and Billboard regarding your use of the Site, your access to and use of the download service accessible through the Site and all text, images, graphics, user interfaces, videos, photographs, trademarks, logos, artwork sound recordings, previews, clips and other materials, information and data available through the Site (collectively, the “Content”).  In these Terms of Use, the Site, the Content, and all related systems and services are collectively called the “Service”. 

2. Ownership of Content. All Content on the Site, including but not limited to the design, selection, arrangement, “look and feel” and coordination of such Content (but not including any content on the Linked Sites)  is owned or licensed by or to Billboard, and is protected by copyright, trade dress, trademark, and various other intellectual property rights. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be exported or re-exported from the United States, reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way (including “mirroring”) to any other computer, server, website or other medium for any commercial purpose, without Billboard's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Billboard reserves all rights not expressly granted hereunder. Billboard expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

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.

3. Consent to Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (click here to view), to use the Site you may disclose certain Personally Identifiable Information. As a condition of registering with our Site or conducting any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or engaging in any transaction, you agree that you will first review our Privacy Policy.  

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.

4. Uses of the Service. The Service allows you to download music, images, video, artwork, text, software and other copyrightable materials ("Digital Downloads"). All such Digital Downloads are licensed to you, and not sold, notwithstanding use of the terms "sell," or "purchase," on the Site or in these Terms of Use. Your Digital Download license is revocable, nonexclusive, nontransferable, non-sublicensable, limited and for use only within the United States, excluding its provinces and territories. All such Digital Downloads are made available to you for your, personal, non-commercial use for entertainment purposes only, only in the manner described expressly in these Terms of and strictly in accordance with all applicable federal, state, and local laws. You may not use the Service for any other reason or purpose or in any other manner, or permit or assist any other person to do so. Unauthorized use of the Service may result in civil and criminal liability.

5. Usage Rules. To obtain a Digital Download from the Service, you will be required to redeem a valid promotional code issued by Billboard. Use of promotional codes is subject to these Terms of Use and may also be subject to additional terms and conditions imposed by Billboard and additional terms required by laws and regulations. Unused promotional codes and/or account credits will expire on the date specified in the terms and conditions applicable to the promotional code, whether they have been downloaded into a wallet or unused and if there is no such expiry date then unused promotional codes and/or account credits will expire three (3) months after the date the promotional code was issued or the date allowed by law if such date is longer than the above period. Promotional codes and unused account credits are not refundable, transferable, exchangeable, or convertible to cash. Promotional codes and unused account credits may not be posted on auction sites or any other promotional sites for cash or for exchange and any promotional code or account credit so posted will be deemed to have expired. Billboard is not responsible for any lost or stolen promotional codes. Billboard may refuse to honor or accept any promotional code that was not obtained from Billboard lawfully and in accordance with the applicable terms and conditions.

In addition to having a valid promotional code, you must meet all of the following requirements to download any Digital Downloads:  (a) your computer and other electronic devices approved hereunder  must all be physically located in the United States, excluding its provinces and territories, (b) any Digital Downloads that you purchase may only be downloaded to your Primary Computer (defined below) or transferred to Secondary Computers (defined below) or Portable Devices (defined below), and (c) you must be in full compliance with these Terms of Use.

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.).

The Usage Rules apply regardless of whether other rules have been associated with the Digital Downloads or other Content by any other person. Billboard may, in its discretion, change the Usage Rules from time to time effective immediately by posting revised Usage Rules on the Site. All rights not expressly granted to you in these Terms of Use are reserved to Billboard, and its licensors (including but not limited to the owners of copyright in the Content and/or any copyrights related to the Content). Without limiting the generality of any of the foregoing, you are not granted any commercial, sale, resale, syndication, reproduction, distribution, retransmission, or promotional use rights for the Digital Downloads, including without limitation any rights for uses that require a synchronization or public performance license with respect to the musical compositions underlying Digital Downloads.

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.

  1. You will not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads.
  2. You will not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet.
  3. You will not create any "derivative works" by altering any of the Digital Downloads.
  4. You will not use the Digital Downloads in conjunction with any other third-party content (e.g., to provide sound for a film).
  5.  You will not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices).
  6. 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.
  7. You will not use or exploit the Service or any part of it for any commercial or promotional reason or purpose whatsoever.
  8. 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. 
  9. 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.
  10. You will not use any of the software that is used in the operation or provision of the Service except while you are using the Service in accordance with these Terms of Use.
  11. 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.
  12. You will not create or maintain any links to the Service or any part of it without the express written permission of Billboard.
  13. 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).
  14. 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.
  15. You will not permit or assist any other person to use the Service or any part of it in a way that would constitute a breach of these Terms of Use.
  16. 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.

6. Violation of These Terms of Use.  In addition to the foregoing, you may not use the Site or any Content for any purpose that is unlawful or that is prohibited by these Terms of Use.  Billboard may, in its sole discretion and without prior notice to you, terminate your access to the Site for any reason, including without limitation: (a)  Billboard’s discontinuance or material modification of the Site or any service offered on or through the Site; (b) unexpected operational difficulties:  (c) requests by law enforcement or other government agencies; (d) your attempts to gain unauthorized access to the Site or assistance to others' attempting to do so; (e) your overcoming software security features limiting use of or protecting any Content; (e) your violations of these Terms of Use; or (f) your suspected or actual copyright infringement. You agree that Billboard will, in no event, be liable to you or to any third party for termination of your access to the Site. You further agree to indemnify and hold harmless Billboard for your failure to comply with this Section.

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.

10. Indemnification. You agree to indemnify and hold harmless Billboard and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Terms of Use, or your violation of any law, regulation or third-party right in connection with the Site, Service or Digital Downloads.

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.

12. LIMITATION OF LIABILITY. AS BETWEEN YOU AND BILLBOARD, THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY LINKED SITE, THE USE OF ANY SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE OR LINKED SITES, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL BILLBOARD 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: THESE TERMS OF USE; THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT , DIGITAL DOWNLOADS OR LINKED SITES; THE PROVISION OF OR FAILURE OF SERVICES;  ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE OR LINKED SITES;  OR, OTHERWISE ARISING OUT OF THE USE OF THE SITE OR LINKED SITES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF BILLBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST BILLBOARD FOR DISSATISFACTION WITH THE SITE, THE LINKED SITES OR THE CONTENT IS TO STOP USING THE SITE, THE LINKED SITES OR ANY SUCH CONTENT. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT BILLBOARD SHALL HAVE IS LIMITED TO FIFTY ($50) DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

13. General. No delay or failure to take action under these Terms of Use shall constitute any waiver by Billboard of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Billboard’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use shall be governed by the laws of the State of New York without regard to or application of any conflict of laws provisions. You consent to the exclusive personal jurisdiction of the state and federal courts sitting in New York County. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Billboard may freely assign these Terms of Use without consent or notice. These Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between Billboard and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

14. Enforcement of these Terms of Use and Usage Rules. Billboard and its licensors (including without limitation owners of Content) may take such technological and other measures and steps as they considers appropriate in their discretion to enforce these Terms of Use (including the Usage Rules) and detect and prevent the breach of these Terms of Use or any applicable laws, including without limitation using technological measures to monitor and record your use of the Service and Content,  your compliance with the Usage Rules and your communications with Billboard and, may report potential violations of the Usage Rules or of applicable laws to law enforcement authorities and the owners of the Content, all without any notice or liability to you or any other person. Billboard will co-operate fully with law enforcement authorities and the owners of the Content in the investigation of suspected unlawful conduct (including unauthorized file sharing of Downloads), including without limitation by disclosing your User Information and information regarding your use of the Service. Any failure by Billboard to enforce these Terms of Use, for whatever reason, will not be construed as a waiver of any preceding or subsequent breach of these Terms of Use. Billboard will not be liable to you for any failure to enforce these Terms of Use. You acknowledge that your breach of these Terms of Use will result in irreparable harm, loss and damage to Billboard and others for which they could not be adequately compensated by an award of monetary damages. You agree that in the event of any actual or threatened breach of these Terms of Use, and in addition to any and all remedies available to Billboard at law or in equity, Billboard will be entitled as a matter of right to judicial relief by way of a restraining order, interim, interlocutory or permanent injunction, or order for specific performance, and you will not oppose the granting of any such judicial relief and hereby waive all defenses to the strict enforcement of these Terms of Use and such judicial relief. The specific rights and remedies of Billboard under these Terms of Use are cumulative and not exclusive of any other rights or remedies to which they may be lawfully entitled under these Terms of Use or at law or equity, and Billboard will be entitled to pursue all of its respective rights and remedies concurrently, consecutively and alternatively. No consent or waiver by Billboard to or of any breach by you of these Terms of Use will be: (a) effective unless in writing and signed by Billboard; or (b) deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms of Use.

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 customerservice@billboardmusicstore.com.

Contact Information
If you have any questions or comments, please contact Billboard at the following address:

Attn: Legal Department, Billboard

c/o Billboard/VerveLife
625 N Michigan Ave

Suite 2575

Chicago, IL  60611


Terms of Use -- ©2013 Billboard/VerveLife All Rights Reserved