leonguitar.com Terms & Conditions

TRACK AND ALBUM DOWNLOADS

The leonguitar.com shopping cart includes the ability to obtain permanent downloads independent from any subscription Service(s) to which you may subscribe. In some cases, such downloading will incur a per-permanent download basis. If such purchase fees are required, you will be made aware that a cost will be incurred and asked to explicitly accept the charges prior to commencement of downloading. However, if you have explicitly turned on "one click purchasing" (or similar functionality) in your account settings, you will not be asked to accept the charges prior to commencement; with "one click purchasing," your single request to "purchase" is your confirmation of the order.

Regardless of the use of the word "purchase," and except as set forth in the following paragraph, all tracks offered for download are offered for license, not purchase or sale, and are subject to this Agreement and any other license terms and conditions applicable to the content, including limitations imposed by the use of any digital rights management technology. All licenses to download are personal to the customer. Your request to "purchase" a track by downloading is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. License to downloaded tracks include only those rights explicitly stated in the Service (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, do not include the right to create a derivative work, to make copies other than for your own personal use, or to use it in any commercial manner.

All permanent downloads purchased from LEON, regardless of format, can be downloaded only once. LEON will not replace or allow re-downloading of lost or damaged music files once the initial download is complete. For this reason, LEON recommends that you backup your LEON purchased music to CD or external hard drive for personal use.


(h) No Warranties
WITHOUT LIMITING ANY PROVISION HEREIN, LEON MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER, PLAYER, PORTABLE DEVICE, OR OTHER HARDWARE WILL BE COMPATIBLE WITH LEON'S APPLICATION OR THAT ANY COMPACT DISC BURNED USING THE APPLICATION WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE APPLICATION.

(i) No Refunds
All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.

(j) Methods of Payment and Credit Card Terms
All payments must be made by VISA, MasterCard, American Express or Discover Card. We do not accept cash, checks or any other payment form. AS BETWEEN YOU AND LEON, YOU, AND NOT LEON, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with your subscription and its password (including any applicable taxes) at the rates in effect when the charges were incurred. If LEON does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by LEON.


MODIFICATIONS TO FEES OR BILLING TERMS

LEON RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY LEON, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your subscription by contacting customer service. Your continued use of the Service(s) following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.

YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO LEON TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT, THE APPLICATION OR SERVICE(S) YOU USE.


LIMITATION OF LIABILITY

IN NO EVENT SHALL LEON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, EVEN IF LEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LEON'S MAXIMUM AGGREGATE LIABILITY TO THE REFERRING CUSTOMER, THE REFERRED CUSTOMER AND/OR AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE LIMITED TO NO MORE THAN THE MONETARY VALUE OF THE SUBSCRIPTION SERVICE EARNED BY THE REFERRER OR REFEREE PARTICIPATING IN THIS PROGRAM. THE REFERRING CUSTOMER RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS FAIR AND REASONABLE. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).


PRODUCT REVIEW GUIDELINES

By posting in the product reviews section of shop.leonguitar.com you agree to be respectful of others within the LEON product reviews section, you agree to not post any offensive, harassing, defamatory, or abusive messages or materials that LEON, it its sole discretion, may determine to be inappropriate ("Prohibited Content"). Examples of Prohibited Content include, but are not limited to: obscenity; threats or images of violence; false, fraudulent, or misleading information; solicitations or advertisements; computer viruses; encouragement of criminal or tortuous behavior; content that infringes upon another's intellectual property rights; or libelous or defamatory statements.

Posting of any material that LEON deems, in its sole discretion, to be Prohibited Content or objectionable in any way, whether offensive to any user or deemed offensive by LEON, in LEON's sole discretion, will result in immediate termination of your user account, which may result in complete deletion of any music library or playlists you have compiled. LEON is not responsible for any loss of personal data resulting from termination of your account. If you have posted infringing User Content more than twice to the LEON Social Network, you will be deemed a repeat infringer, and LEON will permanently block your access to our websites and services.


YOUR ACCOUNT INFORMATION

(a) True and Complete
You agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the subscription process (such information being the "Account Information").

(b) Updating Your Account Information
You may update any of your Account Information by logging into your account and selecting "Edit your account information" under the "My Account" heading and then clicking the appropriate link in the Manage My Account section.

(c) Our Use of Account Information
We shall treat all of your Account Information with the utmost respect for its confidential nature, and in accordance with our Privacy Policy, which is expressly incorporated herein by reference.

(d) Stolen Account Information Your Responsibility
You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to set up a new password by clicking on the Account Status link on the Application and selecting the appropriate link.


INTELLECTUAL PROPERTY RIGHTS

Only you may access the Services using your user name and password. The Services available through the Application, and the Application itself (including the Content), are the property of LEON or its licensors and are protected by copyright and other intellectual property laws. The Services provided through the Application may be used for your personal, non-commercial use only. You agree not to (i) reproduce, record, retransmit, redistribute, disseminate, sell, rent, lend, broadcast, publicly perform, adapt, sub-license or circulate the Application or any Content received through the Application or any Service (including music content) to any third party, (ii) exploit any such Content or the Application for commercial purposes without the express prior written consent of LEON, or (iii) to share your password with any third party. You may not make any unauthorized copies of the Application or the Content obtained through the Services, and may only make such copies as are reasonably necessary for your personal, non-commercial use. Because the Services are designed for personal use, you are not allowed to use any automated system for the selection or streaming of files. You further agree to indemnify and hold harmless LEON for your failure to comply with this section.

LEON and its licensors retain exclusive ownership of the Application, the Content, the Services, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services, the Application or their contents. LEON and its licensors reserve all rights not expressly granted hereunder. You shall promptly notify LEON in writing upon your discovery of any unauthorized use or infringement of the Services (or their contents) or any patent, copyright, trade secret, trademarks or other intellectual property rights of LEON or its licensors. The Application and the Services contain proprietary information that is protected by copyright laws and international treaty provisions.

LEON expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such local, state or federal law.


TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE

LEON will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. LEON will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any anticipated downtime that will exceed one hour.

LEON also reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Application and Service(s) with or without notice. Due to contractual or other limitations, from time to time, some tracks available in any particular catalog may no longer be available. LEON reserves the right to change or remove Content at any time.

LEON shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service(s).

Last Updated May 03, 2013