Terms of Service

RazDog.com Music Downloads

Welcome to RazDog.com Music Downloads. These Terms of Service are a legal agreement ("the Agreement") between you and RazDog.com USA, INC. ("RazDog.com") stating the terms that govern your use of RazDog.com Music Downloads (the "Service"). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.

RazDog.com may from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check these Terms of Service (available in the Help section) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as amended, you must stop using the Service.

1. Terms of Use and Privacy Policy.

   RazDog.com takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here

   Your use of the Service and purchases made through it are subject to the provisions of this Agreement and of RazDog.com's general Terms of Use. If you have not already read the general Terms of Use you should do so now. The general Terms of Use are incorporated into, and made a part of, this Agreement. By agreeing to be bound by the terms of this Agreement, you also agree to be bound by the general Terms of Use.

   Except as otherwise expressly provided for in this Agreement, the Service is subject to RazDog.com's Privacy Policy, which is incorporated into and made a part of this Agreement. Although RazDog.com uses commercially reasonable efforts to protect the security of your information, RazDog.com cannot guarantee that any information sent via the Internet will not be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

2. Your Information.

   You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. RazDog.com may terminate your right to use any or all of the Service if any information you provide is false, inaccurate or incomplete as determined by RazDog.com in its sole discretion. You agree that RazDog.com may store and use the Registration Data you provide (including credit card information) for use in providing the Service, including but not limited to, maintaining and collecting your accounts and billing fees to your credit card. RazDog.com's use of your Registration Data is subject to the terms of our Privacy Policy.

3. User Account and Service Security.

   Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify RazDog.com of any unauthorized use of your Account or any other breach of security. RazDog.com shall not be responsible for any losses arising out of unauthorized use of your Account. You agree that the information you provide to RazDog.com on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify RazDog.com. You may be liable for the losses incurred by RazDog.com or others due to any unauthorized use of your RazDog.com account.

   Security. You understand that the Service, and products purchased through the Service, such as music, images, video, artwork, text, software and other copyrightable materials ("Products"), include a security framework using technology that protects digital information and imposes usage rules established by RazDog.com and its licensors ("Usage Rules"). The Usage Rules are part of this Agreement and may be directly accessed by clicking here. You agree that your purchase of Products constitutes your agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may result in civil or criminal liability. RazDog.com reserves the right to modify the Usage Rules at any time. Your compliance with the Usage Rules may be monitored by RazDog.com, and RazDog.com reserves the right to enforce the Usage Rules with or without notice to you.

4. Use of Site

   Your use of the Site is at the sole discretion of RazDog.com, which may deny you further use of the Site at any time, for any reason, with or without cause.

   Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

   (i) use RazDog.com for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the RazDog.com services offered by RazDog.com;
   
   (ii) delete the copyright or other proprietary rights on RazDog.com;
   
   (iii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of RazDog.com. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
   
   (iv) use RazDog.com in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate user submission or other content;
   
   (v) defame, harass, abuse, threaten or defraud users of RazDog.com, or post, upload, or distribute any user submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on RazDog.com for any commercial use, it being understood that the content available on RazDog.com is for personal, non-commercial use only;
   
   (vi) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein;
   
   (vii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access RazDog.com accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via RazDog.com, or perform any other similar fraudulent activity;
   
   (viii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of RazDog.com or user submissions, features that prevent or restrict use or copying of any content accessible through the RazDog.com Service, or features that enforce limitations on the use of RazDog.com or user submission, or intentionally interfere with or damage operation of RazDog.com or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
   
   (ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of RazDog.com or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
   
   (x) modify, adapt, translate or create derivative works based upon RazDog.com or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. User Submissions

   As a user of the Site, you acknowledge that you may provide information regarding your tastes and preferences, and you hereby authorize RazDog.com and its affiliates to use such information. Any information that RazDog.com collects about you will be used to enhance your utilization of the Site. By using our web site, you consent to the collection and use of this information by RazDog.com and its affiliates.

   By uploading material to any forum or by submitting any comments, recommendations or data ("information") to us, you automatically grant (or represent and warrant to us that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, sublicense, translate, create derivative works of and distribute such information worldwide and/or incorporate such information into any form, medium, or technology now known or later developed. In addition, you represent and warrant to us that all so-called moral rights in the information have been waived.

   Further, you understand that when using RazDog.com you will be exposed to user submissions from a variety of sources, and that RazDog.com is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RazDog.com with respect thereto. RazDog.com does not endorse any user submissions or any opinion, recommendation or advice expressed therein, and RazDog.com expressly disclaims any and all liability in connection with user submissions. If notified by a User or a content owner of an user submission that allegedly does not conform to this Terms of Service, RazDog.com may investigate the allegation and determine in its sole discretion whether to remove the user submission, which it reserves the right to do at any time and without notice. For clarity, RazDog.com does not permit copyright infringing activities on the RazDog.com Service.

6. Links to Other Sites

   The Site may contain links to third party websites. Such third party websites are not under the control of RazDog.com. Please note that RazDog.com is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, RazDog.com can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that RazDog.com has provided this link serve as an endorsement by RazDog.com of this or any other site. In creating hypertext links to any other website, RazDog.com is not recommending that website or giving any assurances as to its standing. RazDog.com is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. RazDog.com makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

7. Indemnification

   YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS RazDog.com AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF RazDog.com, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

8. Disclaimer of Warranties

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

   (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RazDog.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

   (b) RazDog.com MAKES NO WARRANTY THAT:

   (1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

   (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

   (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

   (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

   (d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREWER OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

   Limitations and Exclusions of Liability

9. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RazDog.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RazDog.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

   (a) THE USE OR THE INABILITY TO USE THE SITE;

   (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

   (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR

   (d) ANY OTHER MATTER RELATING TO THE SITE.

   IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST RazDog.com ARISING OUT OF THE USE OF THE SITE.

   RazDog.com SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

10. Intellectual Property Rights

    The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

    (a) RazDog.com grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, gra nt a security interest in or otherwise transfer any right in the software for the Site.

    (b) The RazDog.com' logos, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by RazDog.com. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of RazDog.com. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by RazDog.com.

    (c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright RazDog.com. All rights reserved.

11. Modification

    RazDog.com may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

12. Digital Millennium Copyright Act

    You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the site. RazDog.com has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this site. If you believe any material on this site is infringing, please contact us immediately.

    You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent here

    Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

    Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

     

13. Entire Agreement

    This Agreement constitutes the entire agreement between you and RazDog.com with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.

14. Severability

    If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

15. Governing Law and Venue

    This Agreement, the entire relationship between you and RazDog.com, and any litigation or other legal proceeding between you and RazDog.com (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice of law rules.

    This contract is fully performable in Santa Clara County, California. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Santa Clara County, California. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

16. Technical Requirements.

    Product and Service Requirements. You acknowledge that use of Products requires other hardware and software tools (e.g., for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, RazDog.com shall be without liability to you in the event of its loss, destruction, or damage. Before using the Service you must first install Microsoft Corporation's Windows Media™ Player 9 Series, or a later higher version. You will also have to install a software program that is used to compress and decompress ("codec") music files. At present, the only approved codec is Microsoft Corporation's Windows Media™ Audio version 9, or higher. RazDog.com reserves the right to change at any time, with or without prior notice to you, the software required to download, transfer, copy and use or limit use of the Products.

17. Usage Rules.

    You are entitled to download, export, burn or copy Products solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by RazDog.com or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use the Products for personal use in accordance with the terms of this Agreement.

    You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.

    You may download music to a single computer. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times and 2) export Products solely to a portable device capable of playing Windows Media ™ Audio ("WMA") files such as a WMA-compliant MP3 player an unlimited number of times. RazDog.com is a reseller to you and does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

    WITHOUT LIMITING ANY PROVISION HEREIN, RazDog.com MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.

    The delivery of a Product does not transfer to you any commercial or promotional use rights in the Product.

    Security Technology. You acknowledge that Products contain security technology that limits your use of Products in accordance with the Usage Rules. The security technology is an inseparable part of the Products.

18. Order Acceptance Policy; Other Restrictions.

    All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement.

    There may be certain orders that we do not accept and/or must cancel. RazDog.com's Order Acceptance Policy is explained in our general Terms of Use, and may be accessed by clicking here.

    In addition, the following restrictions apply to your purchase:
    Age Requirement for use of the Service. The Service is available only for individuals who are eighteen (18) years of age. RazDog.com is relying on your representation that you are at least 18 years of age; RazDog.com would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18 but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. RazDog.com does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service and parents or legal guardians may not enter into to this Agreement on their behalf. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service.

    Use on up to three computers. You may download music to a single computer. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. You shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times total, and 2) export Products solely to a portable device capable of playing Windows Media ™ Audio ("WMA") files such as a WMA-compliant MP3 player an unlimited number of times.

    Download within 90 days. You must download the Product within 90 days of purchase. After 90 days, the Product will no longer be available for you to download. There is no refund for Products that are not downloaded within 90 days.

    First play within 120 days. You must play the Product for the first time within 120 days of purchase. After 120 days, if you have not yet played the Product, the license file that is required to play the Product will no longer be available. There is no refund for Products that are not played for the first time within 120 days.

19. Advertising

    The cost of the ad will automatically be billed to your RazDog.com account, upon submission and every 7 days, unless you cancel your ad prior by midnight of the 7th day from the time you activated your ad. No refunds will be given. Your ad will automatically be cancelled if you do not have sufficient funds to cover the cost of your ad in your RazDog.com account

20. Agreement to Pay.

    Payment for Services. You agree to pay for all Services and Products you purchase through the Service, and that RazDog.com is authorized to bill your chosen payment method for any Products and Services purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing RazDog.com with a valid payment method for payment of all fees. All fees will be billed to the payment method you designate during the registration process. If you want to designate a different payment method or if there is a change in your credit or debit card status, you must change your credit or debit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until RazDog.com can verify the validity of the new credit or debit card information.)

    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 such agreements and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service, including notices of cancellation, policies, contracts, and applications.

    Payment Methods. RazDog.com Music Downloads currently only accepts credit and debit cards as a form of payment. At the time your order is placed, RazDog.com obtains a pre-approval from the credit card company for the amount of the order. Your credit or debit card will be billed when the Product is "shipped". For purposes of the Service, an order will be deemed "shipped when the link for the Product download is presented to you . We are unable to accept credit or debit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card.

    Sales Tax. RazDog.com Music Download purchases will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. If the sales tax rate for the billing address changes before the Product is purchased, the new tax rate in effect at the time of purchase will apply. We will only charge tax in states and localities where music downloads are taxable. No customers are eligible for tax exemptions for purchases made on RazDog.com Music Downloads.

    Prices. RazDog.com reserves the right to change prices for Products offered at RazDog.com Music Downloads at any time.

    Customer Service. For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here. If you cannot find the answers you are seeking, you can contact us via email. here

21. Delivery of Service.

    RazDog.com Music Downloads makes every effort to provide a broad music offering. For this reason, RazDog.com reserves the right to change music options without notice.

    On occasion, technical and other 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 RazDog.com.

22. Intellectual Property.

    Acknowledgement of Ownership. You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by RazDog.com and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. No portion of the Service or any element thereof 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 or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

23. Artist Specific Terms and Conditions.

    Acknowledgement of Ownership. You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by RazDog.com and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. No portion of the Service or any element thereof 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 or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

    RazDog.com holds the right to resell, distribute or promote all artist intellectual property for all materials uploaded to the RazDog.com website. Upon upload of this intellectual property the owner of this intellectual property officially authorizes RazDog.com to perform said services. Any uploads to RazDog.Com not authorized by the intellectual property holder is strictly forbidden and will be punishable to the fullest extent of the law.

    RazDog.com does not guarantee the sale of any songs, tracks, albums etc.

    RazDog.com highly recommends that artists attain copyright protection for all of their music and applicable materials. Artist agrees not to hold RazDog.com liable for any misuse, stealing, or any other unauthorized use of the artists music or materials. The artist agrees to hold RazDog.com harmless in any copyright dispute or allegation and agrees to pay for any cost associated with it.

    If you are interested in obtaining information regarding or copyright protection please click here

    Artist agrees to allow RazDog.com to resell, promote and distribute the artist products or services.

    If RazDog.com is able to help artist secure contract with entities, large promotional venues, agent, etc then the Artist agrees to pay RazDog.com a 5% of the contract value fee

24. Artist payments for music sold.

    RazDog.com will make all payments on your registered artist finance account on RazDog.com. All artist portions of music sold will be added to your RazDog.com account within 48 hours of the sale date.

    Artists can track their daily balance based on music sold on this site. Artists can either use the money they receive by selling their music to pay for other RazDog.com services or they can receive payment with the following options

    Artists may cash out their (music sold) balance or a portion of that balance with the following options:
    1. Receive payment back to your registered credit card set up on RazDog.com for music sold balances of $10.00 US or more up to your current balance available on the music sold section of the artist page. If you select this option, payment will be made to your account within 24 hours of your request being submitted.
    2. Receive payment in the form of a check, sent to your registered address on RazDog.com. Payment will be made against your balance of $100.00 or more up to your current balance available on the music sold section of the artist page. Once a request for payment is made to RazDog.com via our online submission process, RazDog.com will mail your check within 21 business days.

    RazDog.com has the right to change or modify its terms and conditions of payment with or without notice. Checks or credit card payments will not be made against any funds paid to RazDog.com from your registered credit card(s) to your RazDog.com account. The above payments provide for payments only against your music sold on RazDog.com. No other payments will be considered against other services on RazDog.com.

    Disputes
    All proof and evidence to support any dispute between RazDog.com and Artist/Consumer/User regarding any payments owed by RazDog.com to said Artist/Consumer/User is the sole responsibility of the Artist/Consumer/User. RazDog.com takes no responsibility to provide any evidence regarding any said dispute. All legal and court costs for RazDog.com and the plaintiff are the sole responsibility of the Artist/Consumer/User.

    If you have questions please contact our email support at Contact RazDog.com

25. Trademark Information

    RazDog.com and other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service are 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.

    RazDog.com RazDog.net RazDog.org RazDog Raz RD are trademarks and service marks and other RazDog.com logos and product and service names are trademarks of RazDog.com (the "RazDog.com Marks"). Without RazDog.com's prior permission, you agree not to display or use in any manner the RazDog.com Marks.

26. Gift Certificate

    RazDog.com will agree to pay for shipping. The Benefactor of the promotion will be responsible for any taxes and other liabilities associated with the receipt and value of the promotional gift.

27. Termination.

    RazDog.com, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising a part of the Service. RazDog.com will not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. RazDog.com further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or RazDog.com 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 RazDog.com with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules, RazDog.com, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof). In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

28. General Compliance with Laws.

    The Service is controlled and operated by RazDog.com from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

29. Enforcement of These Terms of Service.

    RazDog.com reserves the right to takes steps RazDog.com believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to RazDog.com'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 RazDog.com 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 RazDog.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to RazDog.com'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).

30. 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, RazDog.com may provide links to certain third-party web sites. You acknowledge and agree that RazDog.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. RazDog.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.

31. Disclaimer of Warranties; Limitation of Liability.

    RAZDOG.COM, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAZDOG.COM OR THROUGH THE RAZDOG.COM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES RAZDOG.COM'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE RAZDOG.COM SERVICE IS AT YOUR SOLE RISK. THE RAZDOG.COM SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS,LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE RAZDOG.COM SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. RAZDOG.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS,OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE RAZDOG.COM SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. RAZDOG.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE RAZDOG.COM SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE RAZDOG.COM SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL RAZDOG.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE RAZDOG.COM SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH RAZDOG.COM OR OTHER RAZDOG.COM SERVICE USERS, EVEN IF RAZDOG.COM OR AN RAZDOG.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RAZDOG.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL RAZDOG.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE RAZDOG.COM SERVICE OR YOUR INTERACTIONS WITH RAZDOG.COM OR OTHER RAZDOG.COM SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE RAZDOG.COM SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN RAZDOG.COM AND RECEIVED THROUGH OR ADVERTISED ON THE RAZDOG.COM SERVICE OR RECEIVED THROUGH ANY LINKED SITES.

    YOU ACKNOWLEDGE AND AGREE THAT RAZDOG.COM HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RAZDOG.COM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND RAZDOG.COM. RAZDOG.COM WOULD NOT BE ABLE TO PROVIDE THE RAZDOG.COM SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED

32. Waiver and Indemnity.

    By using the Service, you agree to indemnify and hold RazDog.com, 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 RazDog.com 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. You cannot sue or recover any damages from RazDog.com, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, 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 RazDog.com's conclusion that a violation of this Agreement has occurred.

33. Changes.

    RazDog.com 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 Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

34. Governing Law; Remedies.

    The laws of the State of California, excluding its conflicts of law rules, 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 RazDog.com or relating in any way to your use of the Service resides in the courts of the State of California.

    You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to RazDog.com and/or its affiliates or licensors for which money damages would be inadequate, and in such event RazDog.com, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that RazDog.com, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

     

35. Miscellaneous.

    This Agreement, together with the Terms of Use and Privacy Policy for the RazDog.com website, constitutes the entire agreement between you and RazDog.com regarding the Service and governs your use of the Service, superseding any prior agreements between you and RazDog.com relating to the Service. 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 this Agreement 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. RazDog.com's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. RazDog.com will not be responsible for failures to fulfill any obligations due to causes beyond its control. RazDog.com obtains permission from record companies and other content owners to make their musical and other content available to you through the Service. You agree that the content owners that license their musical and other content to RazDog.com for the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content. You agree that any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RazDog.com without restriction. Any assignment attempted to be made in violation of this Terms of shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

    YOU AND RAZDOG.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO RAZDOG.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

36. Refusal of service

    RazDog.com holds the right to refuse to anyone.