| MusicGiants, Inc., Terms and
Conditions
MusicGiants, Inc.
MusicGiants Network Service
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MUSICGIANTS, INC. ("MUSICGIANTS")
STATING THE TERMS THAT GOVERN YOUR USE OF THE MUSICGIANTS NETWORK
MUSIC MANAGEMENT SOFTWARE, DOWNLOAD STORE, MUSICGIANTS WEBSITE, AND
RELATED SERVICE (COLLECTIVELY THE "MUSICGIANTS NETWORK SERVICE" or
"SERVICE"). THIS AGREEMENT-TOGETHER WITH ALL UPDATES, ADDITIONAL
TERMS, SOFTWARE LICENSES, AND ALL OF MUSICGIANTS' RULES AND
POLICIES-COLLECTIVELY CONSTITUTE THE AGREEMENT ("AGREEMENT") BETWEEN
YOU AND MUSICGIANTS. TO AGREE TO THESE TERMS, CLICK "AGREE". IF YOU
DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE
THE MUSICGIANTS NETWORK SERVICE. IF YOU USE ANY PART OF THE
MUSICGIANTS NETWORK SERVICE, BY THAT USE, YOU ARE AGREEING TO THE
TERMS OF THIS AGREEMENT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS
PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT
ACCEPTABLE, AND, IN ADDITION TO OTHER REMEDIES, MUSICGIANTS MAY
REFUSE ACCESS TO THE MUSICGIANTS NETWORK SOFTWARE FOR NONCOMPLIANCE
WITH ANY PART OF THIS AGREEMENT.
1. Definition of the "MusicGiants Network Service" and "Products".
MusicGiants, Inc., a Nevada corporation is the provider of the
MusicGiants Network Service that manages your music collection and
permits you to purchase downloads of digital content ("Products")
encoded using a full-resolution or "lossless" codec, such as
Microsoft Corporation's Windows Media Audio Codec-Lossless
("WMA-Lossless"), under certain terms and conditions as set forth in
this Agreement. Our Products are files of recordings that are
downloaded to and stored on the hard drive of your computer and may
be played as often as you like on the same personal computer to
which they are downloaded, may be copied onto a CD, and may be
transferred to other digital devices, all in conformance with the
rules applicable to each Product when it is purchased. Our Products
may be purchased individually, collectively as albums, or, in some
cases, only in the form of an album. However, as addressed more
fully below, each purchase of a Product shall be deemed a final,
nonrefundable sale. Because the record companies that have
authorized MusicGiants to sell Products have different rules
concerning how their recordings may be used, your ability to
transfer or make copies ("burns") of Products may vary, depending on
the rights that the respective companies controlling rights in the
Products have granted to MusicGiants. Presently, Products may be
transferred only to portable digital devices supporting the Windows
Media Audio Lossless format (please check to confirm "Lossless"
support, even if the devices says its support WMA). Further, there
is no assurance that Products will be compatible with any particular
compact disc burner, or that any compact discs that are burned will
function properly.
2. System Requirements. Use of the Service requires a compatible
device, Internet access (fees may apply), and certain software (fees
may apply), and may require obtaining updates or upgrades from time
to time. Because use of the Service involves hardware, software, and
Internet access, your ability to use the Service may be affected by
the performance of these factors. Do not use the Service unless you
have high speed Internet access. You acknowledge and agree that such
system requirements, which may be changed from time to time, are
your responsibility. The Service is not part of any other product or
offering, and no purchase or obtaining of any other product shall be
construed to represent or guarantee you access to the Service.
3. Policies and Rules. Your use of the Service and purchases made
through it are subject to MusicGiants' Sales Policies, which can be
readily viewed on the Service, and any end-user agreements or other
terms and conditions required for use of the Service, all of which
are hereby made a part of this Agreement. Additionally, except as
otherwise expressly provided for in this Agreement, the Service is
subject to the MusicGiants Network Software User License Agreement
which is expressly made part of this Agreement.
4. MusicGiants' Privacy Policy. Except as otherwise expressly
provided for in this Agreement, the Service is subject to
MusicGiants' Privacy Policy, which is expressly made a part of this
Agreement. If you have not already read MusicGiants' Privacy Policy,
please do so now.
5. Your Information. You agree to provide accurate, current, and
complete information required to register with the Service and at
other points as may be required in the course of using the Service
("Registration Data"). You further agree to maintain and update your
Registration Data and Account Information as required to keep it
accurate, current, and complete. MusicGiants may terminate your
rights to any or all of the Service if any information you provide
is false, inaccurate or incomplete. You agree that MusicGiants may
store and use the Registration Data and Account Information you
provide (including credit card information, even if we state we are
not storing your credit card information) for use in maintaining
your accounts and billing fees to your credit card.
6. Age requirements for use of the Service. This Service is
available for individuals aged 13 years or older. If you are 13 or
older but under the age of 18, you should review these terms and
conditions with your parent or guardian to make sure that you and
your parent or guardian understand and agree to the terms and
conditions in this Agreement. If you are under 13 years of age, do
not use the Service. If you are a parent or legal guardian of a
child under 13 years of age, do not permit your child to use the
Service. By permitting your child under 13 years of age to use the
Service, you are agreeing that that child's use of the Service shall
be subject to the terms and conditions in this Agreement as amended
from time to time.
7. Objectionable Material. You understand that by using the Service,
you and/or your children 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 MusicGiants shall have
no liability to you for content that may be found to be offensive,
indecent, or objectionable.
8. User Account and Security.
a. Account and Password. As a registered user of the Service, you
may receive or establish an account and sub accounts (individually
and collectively referred to as "Account"). You are solely
responsible for maintaining the confidentiality and security of your
Account. You should not reveal your Account information to anyone
else or use anyone else's Account. You are entirely responsible for
all activities that occur on or through your Account, and you agree
to immediately notify MusicGiants of any unauthorized use of your
Account or any other breach of security. MusicGiants shall not be
responsible for any losses arising out of the unauthorized use of
your Account.
b. Security. You understand that the Service, and Products purchased
through the Service, include a security framework using technology
that protects digital information and limits your usage of Products
to certain usage rules established by MusicGiants and its licensors
("Usage Rules"). You agree to comply with such Usage Rules, as
further outlined below, and you agree not to violate or attempt to
violate any security components. You agree not to attempt to, or
assist another person to, circumvent, reverse-engineer, decompile,
disassemble, or otherwise tamper with any of the security components
related to such Usage Rules for any reason whatsoever. Usage Rules
may be controlled and monitored by MusicGiants for compliance
purposes, and MusicGiants reserves the right to enforce the Usage
Rules with or without notice to you. You will not access the Service
by any means other than through software that is provided by
MusicGiants for accessing the Service. You shall not access or
attempt to access an Account that you are not authorized to access.
You agree not to modify the software in any manner or form, or to
use modified versions of the software, for any purposes including
obtaining unauthorized access to the Service. Violations of system
or network security may result in civil or criminal liability.
9. Purchase of Content from MusicGiants.
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
MusicGiants shall be without liability to you in the event of any
loss, destruction, or damage.
b. Use of Products. You acknowledge that Products contain security
technology that limits your usage of Products to the following Usage
Rules, and you agree to use Products in compliance with such 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 burn a playlist up to seven times.
You shall be able to store Products from up to five different
Accounts on certain registered portable devices, at a time.
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.
You agree that you will not attempt to, or encourage or assist any
other person to, circumvent or modify any security technology or
software that is part of the Service or used to administer the Usage
Rules.
You shall be authorized to use the Products on five MusicGiants-registered
devices at any time.
You shall be entitled to export, burn or copy Products, subject to
usage restrictions imposed by our licensors, solely for personal,
noncommercial use.
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 security
technology is an inseparable part of the Products. 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. MusicGiants reserves the right to modify the
Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and
administering of the Usage Rules entails the ongoing involvement of
MusicGiants. Accordingly, in the event that MusicGiants changes any
part of the Service or discontinues the Service, which MusicGiants
may do at its election, at any time, with or without notice to you,
you acknowledge that you may no longer be able to use Products to
the same extent as prior to such change or discontinuation, and that
MusicGiants shall have no liability to you in such case.
e. The Service may offer interactive features that allow you to,
among things, submit or post information and materials on areas of
the Service accessible and viewable by other users of the Service
and the public. You agree that any use by you of such features shall
be your sole responsibility, shall not infringe or violate the right
of any other, contribute to or encourage unlawful conduct, or
otherwise be obscene, objectionable or in poor taste. Moreover, you
hereby grant MusicGiants a worldwide, royalty-free, non-exclusive
license to use such materials as part of the Service, and in
relation to Products, without any compensation or obligation to you.
f. MusicGiants reserves the right not to post or publish materials,
and to delete, remove or edit any material, at any time in its sole
discretion without liability.
g. ALL SALES ARE FINAL. We will NOT issue refunds.
10. Territory. The Service is currently 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 from outside of the available
territory, and that MUSICGIANTS may use technologies to verify your
compliance.
11. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you
purchase through the Service, and that MusicGiants may charge your
credit card for any Products purchased, and for any additional
amounts (including any taxes, as applicable) as may be accrued
(collectively "Fees") by or in connection with your Account. YOU
AGREE TO TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MUSICGIANTS
WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. YOU HEREBY
AUTHORIZE MUSICGIANTS, INC. TO BILL THE CREDIT CARD YOU PROVIDE US
FOR ALL FEES ACCRUED OR INCURRED FROM USE OF THE SERVICE. If you
want to designate a different credit card or if there is a change in
your credit card status, you must change your credit card
information online at the Add Funds screen in the My Account section
of the Service. (There may be a temporary disruption of your access
to the Service until MusicGiants can verify the validity of the new
credit card information.)
b. Right to Change Prices and Availability of Products. Prices and
availability of any Products are subject to change at any time.
c. 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 WHEN USING OUR SERVICE,
INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND
APPLICATIONS.
d. Required Hardware and Software. In order to access and retain
your electronic records, you may be required to have certain
hardware and software, which are your sole responsibility.
12. 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 MusicGiants.
13. 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 MUSICGIANTS 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 MUSICGIANTS Content or Other Materials.
Notwithstanding any other provision of this Agreement, MusicGiants
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 MusicGiants be liable for the removal of or disabling of
access to any such Products, content or materials under this
Agreement. MusicGiants 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 MusicGiants Network (including the compilation
of content, postings, links to other Internet resources, and
descriptions of those resources), and software, are owned by
MusicGiants and/or its licensors. THE USE OF THE SOFTWARE OR 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. MusicGiants, the MusicGiants logo, Your Music Loud
and Clear, Soundvault, Roboripper, Max the Ripper, Jack the Ripper,
Digital Master Quality, DMQ, High Performance Audio, HPA, High
Definition Downloads, and other MusicGiants trademarks, service
marks, graphics, and logos used in connection with the Service are
trademarks or registered trademarks of MusicGiants, Inc. 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.
14. Termination.
a. Termination by MusicGiants. If you fail, or if MusicGiants
suspects in its sole determination 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
MusicGiants with a valid credit card or with accurate and complete
Registration Data, Billing Information, User Profile information,
and information in Add Funds, failure to safeguard your Account
information, or violation of the Usage Rules or any license to the
software, MusicGiants, in 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) terminate the license
to the software; and/or (iii) preclude access to the Service (or any
part thereof).
b. Termination of the Service. MusicGiants 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 MusicGiants
will not be liable to you or to any third party should it exercise
such rights.
15. General Compliance with Laws. The Service is controlled and
operated by MusicGiants 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.
16. Enforcement of These Terms. MusicGiants reserves the right to
takes steps MusicGiants believes are reasonably necessary or
appropriate to enforce and/or verify compliance with any part of
this Agreement (including but not limited to MusicGiants' 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 MusicGiants 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 MusicGiants believes is reasonably
necessary or appropriate to enforce and/or verify compliance with
any part of this Agreement (including but not limited to
MusicGiants' 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).
17. 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, MusicGiants
may provide links to certain third party websites. You acknowledge
and agree that MusicGiants is not responsible for examining or
evaluating the content or accuracy of any such third-party material
or Web sites. MusicGiants 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.
18. Disclaimer of Warranties; Liability Limitations.
a. MUSICGIANTS 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 MUSICGIANTS MAY REMOVE THE SERVICE FOR
INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME,
WITHOUT NOTICE TO YOU AND WITHOUT LIABILITY TO YOU.
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 MUSICGIANTS) 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 MUSICGIANTS, 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, MUSICGIANTS'
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. MUSICGIANTS 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 MUSICGIANTS HEREBY DISCLAIMS ANY AND ALL
LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH
INFORMATION IN ANY WAY.
e. MUSICGIANTS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL
BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING, OR OTHER SECURITY INTRUSION, AND MUSICGIANTS DISCLAIMS ANY
LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP
YOUR OWN SYSTEM.
19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO
INDEMNIFY AND HOLD MUSICGIANTS, 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 MUSICGIANTS 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 MUSICGIANTS, 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 MUSICGIANTS' 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.
20. Changes. MusicGiants 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
MusicGiants Network Service after Additional Terms have been imposed
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.
21. Notices. MusicGiants may send you notice with respect to the
Service by sending an email message to the email address listed in
your MusicGiants Account contact information, by sending a message
to you in your MusicGiants' Message Center, by sending a letter via
postal mail to the contact address listed in your MusicGiants
Account contact information, or by a general posting in the
MusicGiants Network Service. Notices shall become effective
immediately.
22. Governing Law. The laws of the State of Nevada, 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 MusicGiants or
relating in any way to your use of the Service resides in the courts
of the State of Nevada.
23. Miscellaneous. These Terms of Service constitute the entire
agreement between you and MusicGiants and govern your use of the
Service, superseding any prior agreements between you and
MusicGiants. 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. MusicGiants' 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. MusicGiants will not be responsible for failures
to fulfill any obligations due to causes beyond its control.
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