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Terms & Conditions

Last updated March 5, 2012

SMARTKID RECORDS MP3: Terms of Use

THIS IS AN AGREEMENT BETWEEN YOU AND SMARTKID RECORDS BEFORE USING THE SMARTKID RECORDS MP3 MUSIC SERVICE (THE "SERVICE"), PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE), SMARTKID RECORDS.COM  CONDITIONS OF USE (COLLECTIVELY, THE "TERMS OF USE"). IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF USE.

1. The Service

2. Digital Content

3. Reservation of Rights

4. General


1. The Service

The Service offers downloads of digitized versions of audio recordings, artwork and information relating to such audio recordings, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.

2. Digital Content

2.1  Rights Granted. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

2.2  Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.

2.3  Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

2.4  All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact SMARTKID RECORDS customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.

2.5 Unique Identifiers. The Digital Content may include unique identifiers that are specific to you or your purchase ("Unique Identifiers").

3. Reservation of Rights

Except for the rights explicitly granted to you in the Terms of Use, all right, title and interest in the Service, the Software and the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of downloading Software or Digital Content.

4. General

4.1  Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the smartkid.com Conditions of Use: (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service (excluding the Software), exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages.  These limitations will apply to you even if the remedies fail of their essential purpose.

4.2  Termination; Amendments. Your rights under the Terms of Use will automatically terminate without notice from us if you fail to comply with any of their terms. In case of such termination, you must cease all use of the Software and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms of Use will not constitute a waiver of any of our rights. We may amend any of the Terms of Use at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service, the Software or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it.

4.3  Third-Party Beneficiaries. Digital Content copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against you and invoke all rights hereunder including limitations of liability.

4.4  Contact Information. For communications concerning the Terms of Use, please email us at info@smartkidrecords.com



Conditions of Use

Last updated: March 5, 2012

Welcome to SmartkidRecords.com. Smartkid Records Services LLC and/or its affiliates ("smartkidrecords") provide website features to you subject to the following conditions. If you visit or shop at smartkidrecords.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Smartkid Records service or business (e.g., Your Profile, or Your Media Library) you also will be subject to the guidelines, terms and agreements ("Terms")  applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to mcdovemusic.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Smartkidrecords.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Smartkid Records or its content suppliers and protected by Jamaica and international copyright laws. The compilation of all content on this site is the exclusive property of Smartkid Records and protected by Jamaica and international copyright laws.

TRADEMARKS

In addition, SmartkidRecords.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Smartkid Records in Jamaica, U.S. and/or other countries. Smartkid Record's trademarks and trade dress may not be used in connection with any product or service that is not Smartkid Record’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smartkid Records. All other trademarks not owned by Smartkid Records that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smartkid Records.

LICENSE AND SITE ACCESS

Smartkid Records grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Smartkid Records. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smartkid Records. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smartkid Records without express written consent. You may not use any meta tags or any other "hidden text" utilizing Smartkid Record's name or trademarks without the express written consent of Smartkid Records. Any unauthorized use terminates the permission or license granted by Smartkid Records. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SmartkidRecords.com so long as the link does not portray Smartkid Records, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Smartkid Records logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Smartkid Records does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use SmartkidRecords.com only with involvement of a parent or guardian. Smartkid Records reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Smartkid Records reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Smartkid Records a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Smartkid Records and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smartkid Records for all claims resulting from content you supply. Smartkid Records has the right but not the obligation to monitor and edit or remove any activity or content. Smartkid Records takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Smartkid Records respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our email us at info@Smartkidrecords.com