Reactorsite.com Download License Agreement.

Terms and conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND REACTOR STATING THE TERMS THAT GOVERN YOUR USE OF DOWNLOADS PURCHASED IN THE REACTORSITE SHOP. BY PURCHASING ONE OF OUR DOWNLOADS, YOU ARE HEREBY AGREEING TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET OUT BELOW.

1. Definition of the Reactorsite.com Music Store Service. Reactor are the provider of the Reactorsite.com Music Store (the "Service") that permits you to purchase downloads of digital content-such as sound recordings-under certain terms and conditions as set forth in this Agreement.

2. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Reactor shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

3. Passwords. As a registered user of the Service, you may receive a password for the enabling of your download. If so, you are solely responsible for maintaining the confidentiality and security of your password. You should not reveal your password to anyone else.

4. Purchase of Reactorsite content

a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Reactor shall be without liability to you in the event of any loss, destruction, or damage. If you have clearly paid for a download and lost or destroyed the file we will endeavor to provide you with a replacement file for download.

b. Use of Products. You agree to use Products in compliance with the following usage rules: Usage Rules. Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. You shall be authorized to use the Products only for personal, noncommercial use. You shall be authorized to use the Products only on your own computers and/or music or storage devices. You shall be entitled to export, burn or copy Products solely for personal, noncommercial use. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Reactor reserves the right to modify the Usage Rules at any time.

5. Territory. For downloads of the single track entitled 'Feeling The Love' the service is available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Service for this purpose from outside of the United States. Reactor will not be held responsible or liable for any potential license infringements which might occur as a result of misuse of the service by anyone from outside of the USA.

6. Agreement to Pay.

a. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

b. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

c. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

7. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Reactor.

8. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Reactor and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of Reactor Content or Other Materials. Notwithstanding any other provision of this Agreement, Reactor and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Reactor be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Reactor may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the Reactorsite.com Music Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Reactor and/or its licensors. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. Reactor, the Reactor logo, Reactorsite.com, and other Reactor trademarks, service marks, graphics, and logos used in connection with the Service are copyright of Reactor in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

9. Termination.

a. Termination by Reactor. If you fail, or Reactor suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Reactor with accurate and complete Registration Data, failure to safeguard your password, or violation of the Usage Rules or any license to the content, Reactor, at its sole discretion, without notice to you may: (i) terminate this Agreement (ii) terminate the license to the music; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. Reactor reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Reactor will not be liable to you or to any third party should it exercise such rights. This does not affect your statutory rights or our obligation to provide you with products you have paid for. If for any reason a product purchased cannot be delivered within a reasonable time, Reactor agree to refund the full amount paid for the product.

10. General Compliance with Laws. The Service is controlled and operated by Reactor from its offices in the UK. You agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

11. Enforcement of These Terms. Reactor reserves the right to takes steps Reactor believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Reactor's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Reactor has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Reactor believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Reactor's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

12. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Reactor may provide links to certain third party websites. You acknowledge and agree that Reactor are not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Reactor does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.

13. Disclaimer of Warranties; Liability Limitations.

a. REACTOR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME REACTOR MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU (SUBJECT TO CLAUSE 9b ABOVE).

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY REACTOR) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL REACTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REACTOR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. REACTOR SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND REACTOR HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. REACTOR DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND REACTOR DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

14. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD REACTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY REACTOR AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM REACTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF REACTOR'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

15. Changes. Reactor reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Reactorsite.com Music Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

16. Notices. Reactor may send you notice with respect to the Service by sending an email message to the email address listed in your Reactorsite Account contact information, by sending a letter via postal mail to the contact address listed in your Reactorsite Account contact information, or by a posting on the Reactorsite.com Music Store. Notices shall become effective immediately.

17. Governing Law. The laws of the United Kingdom govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Reactor or relating in any way to your use of the Service resides in the courts of the United Kingdom.

18. Miscellaneous. These Terms of Service constitute the entire agreement between you and Reactor and govern your use of the Service, superseding any prior agreements between you and Reactor. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Reactor's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Reactor will not be responsible for failures to fulfill any obligations due to causes beyond its control. Last updated August 3rd, 2004