THIS AGREEMENT WAS LAST UPDATED ON December 30th, 2004
This Agreement constitutes your agreement with BaDoink for your membership to its download membership (the "Service") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" mean BaDoink or any successor or assign of BaDoink.
Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service after DECEMBER 30th , 2004 you are agreeing to be bound by this Agreement, including all amendments made to date.
You will be charged a initial trial price which then recurs to a monthly charge. The amount charged to you is based on your choice of package and charged to the account of your choice. Purchase is done securely through our authorized sales processing agent. Your information will be transmitted through Secure Socket Layer (SSL) software to ensure your information is private. You will receive unlimited access to our support resources, unlimited downloads of all programs located within our site and unlimited technical support contact with our staff.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the service is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any software, programs, advice, opinion, statement or other information displayed, uploaded or distributed through the service by song-download-world.com, our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, download, advice, statement or information shall be at your sole risk. Your continued use of the service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
Legal use of the service
It will be your responsibility to use the products provided through the Service in a legal manner, respecting all laws including copyright infringement laws and any other law applicable to your use of the service. BaDoink declines all responsibility related to your use of the software and services provided.
Membership fees and charges
You agree to pay or have paid all fees and charges incurred in connection with your membership with the service (including any applicable taxes) at the rates in effect when the charges were incurred. We may change the fees and charges in effect for using the service and may conduct changes on the site from time to time. You also are responsible for any fees or charges incurred to access the service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Privacy and Use of Information
By using the services you have also agreed to our privacy statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the service.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the service. Your continued use of the service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the service, or of any BaDoink related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.