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Membership Agreement
(STANDARD TERMS AND
CONDITIONS) FOR
Coolstreams' Membership Listening Options Program
(Membership Listening Options)
Welcome to Coolstreams, Inc.
/ Coolstreams.com's
(Coolstreams) Membership Listening Options Program ("Membership
Listening Options"). Before
you can gain access and listen to Coolstreams' Membership
Listening Options offerings (including
"Programs On-Demand," "Fresh Cuts," or "MP3 Coolstreams"), or take
advantage of any Membership Listening Options, you must read and
accept the terms of Coolstreams' Membership Agreement
below. The Membership Agreement provides important
information about the Membership Listening Options and details your
rights and obligations as a Member. From time to time it may
be necessary for Coolstreams to update or revise
certain portions of this Membership Agreement. By making
voluntary monetary Donations (contributions) to qualify for the
Membership Listening Options and accepting the Membership Agreement
you agree that Coolstreams may change the terms of this
Membership Agreement. If Coolstreams makes any material
changes or revisions to the Membership Agreement, we will
provide notice to you by email fifteen (15) days in advance.
If you don't agree to the changes proposed by
Coolstreams, or to any of the terms in this Membership
Agreement, your only remedy is to make no further
contributions to Coolstreams and/or terminate your
Coolstreams Membership. Contributions are not
refundable if we are no longer able to provide any
Membership Listening Options, however, contributions may be
refunded for unused portions of the Membership Period only,
and only if we are financially able to make such refunds.
1. BASICS OF THE
MEMBERSHIP AGREEMENT
This Agreement constitutes
your entire agreement with Coolstreams and governs your
use of the Membership Listening Options. To access the
Membership Listening Options, you must accept the terms
of this Agreement. Your contributions to our service
entitles you to access Coolstreams' Membership Listening
Options and to receive such other products,
offers and services as Coolstreams may offer from time
to time, in its sole discretion, to Members at various
Membership Levels. You agree not to reproduce, duplicate,
copy, sell, resell, syndicate, distribute or exploit for
commercial purposes, any portion of the Membership Listening
Options, use of the Membership Listening Options or access to the
Membership Listening Options.
2. CONTRIBUTIONS AND
MEMBERSHIP LEVEL INFORMATION
Membership Levels are no
longer awarded and are not required to access Membership
Listening Options. If you were awarded a
Membership Level under an older Membership Level
arrangement, it may allow you to receive a discount on
Membership Listening Options as long as we are able to
provide such an offer. We cannot guarantee that any
such discounts on Membership Listening Options will be
offered indefinitely.
Coolstreams reserves the
right to change our Membership Listening Options, our Membership Levels, as well as the
Membership Listening Options offered at any Membership
Levels, at any time and Coolstreams will provide notice
of any such change at least fifteen (15) days in advance in
the same manner described above for changes to the
Membership Agreement. If you have questions about
Coolstreams' Membership Levels that are not answered
at this link, please contact Coolstreams by email at
members@musicsojourn If you disagree with the changes to
our Membership Listening Options and/or Membership Levels, you may let your Membership lapse at
any time, but Coolstreams will not refund any portion
of contributions made to support our service.
You must reach the Membership
Level required, or pay a specified Membership fee, or
both, for any Membership Listening Options before you
can receive Membership Listening Options. A
Membership can apply to, and be utilized by up to TWO people
(Spouse, Boyfriend, Girlfriend, Roommate, etc. i.e.: any two
people). Programs On-Demand ONLY may be accessed by up
to TWO people at one time, MP3 CoolStreams may be accessed
by only ONE PERSON at any one time.
A GROUP (defined as more than
two people) may NOT qualify for a Membership though either a
single or pooled contributions. Children under age 18
may utilize a parent's Membership.
3. WARRANTY DISCLAIMER;
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
(a) YOUR USE OF THE
MEMBERSHIP LISTENING OPTIONS IS AT YOUR SOLE RISK. ALL
MEMBERSHIP LISTENING OPTIONS ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. COOLSTREAMS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
(b) COOLSTREAMS MAKES NO
WARRANTY THAT (i) THE MEMBERSHIP LISTENING OPTIONS WILL
MEET YOUR REQUIREMENTS, (ii) THE MEMBERSHIP LISTENING
OPTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE
MEMBERSHIP LISTENING OPTIONS WILL BE RELIABLE, AND (iv)
THE QUALITY OR DELIVERY OF THE MEMBERSHIP LISTENING OPTIONS WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL STREAMED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE MEMBERSHIP
LISTENING OPTIONS IS DONE AT YOUR DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
USE OF SUCH MATERIAL.
(d) NO ADVICE OF INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
COOLSTREAMS OR FROM THE MEMBERSHIP LISTENING OPTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE MEMBERSHIP AGREEMENT.
(e) COOLSTREAMS (AND ITS
AFFILIATES) SHALL NOT BE LIABLE TO YOU THE USER OR TO ANY
THIRD PARTY FOR OR IN RESPECT OF ANY DIRECT, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL LIABILITY, LOSS OR DAMAGE
ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE
MEMBERSHIP LISTENING OPTIONS AND/OR THE COOLSTREAMS
WEB SITE, OR FOR ANY LOSS OF DATA, LOSS OF PROFIT, REVENUE
OR BUSINESS OR OTHER INTANGIBLE LOSSES (EVEN IF
COOLSTREAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM THE USE OF THE MEMBERSHIP LISTENING
OPTIONS OR THE COOLSTREAMS WEB SITE
HOWSOEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE OR
BREACH OF THIS AGREEMENT OR OTHERWISE).
(f) Some states,
jurisdictions or foreign countries provide rights in
addition to those above, or do not allow excluding or
limiting implied warranties, or limitation of certain types
of liability. Therefore, the above exclusions or limitations
might not apply to you or there may be state provisions that
supersede the above. Any clause declared invalid shall
be deemed severable and not affect the validity or
enforceability of the remainder.
4. CANCELLATION
You may stop contributing to
the Membership program at any time.
You understand and agree that no refunds will be issued for
any contributions made to our service (e.g.:
Membership Contributions made under prior Membership Level
arrangements). Unused portions of Membership
contributions may be refunded. You also understand and agree that
lapse of your Membership and/or cancellation of your
Membership is your sole right and remedy with respect to
any dispute with Coolstreams. This includes, but is not
limited to, any dispute related to or arising out of: (1)
any term of this Agreement or Coolstreams' enforcement
or application of this Agreement; (2) any policy or practice
of Coolstreams, including Coolstreams' Privacy
Policy, or Coolstreams' enforcement or application of
these policies; (3) the content available through the
Membership Listening Options or the Coolstreams web
site; (4) your ability to access and/or use the Membership
Listening Options or the Coolstreams web site; or
(5) the level or amount of contributions made.
5. MODIFICATIONS TO THE
MEMBERSHIP SERVICE
Coolstreams reserves the
right to at any time and from time to time to modify or
discontinue, temporarily or permanently, the Membership
Listening Options (or any part thereof) with or without
notice. You agree that Coolstreams shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of the Membership Listening
Options.
6. MODIFICATIONS TO THE
WEB SITE
Coolstreams reserves the
right to at any time and from time to time to modify or
discontinue, temporarily or permanently, the programming on
the web site, or the manner in which the programming is
presented, whether or not accessed from the Membership
Listening Options (or any part thereof) with or without
notice. You agree that Coolstreams shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of any programming on the
Coolstreams web site.
7. TRADEMARK INFORMATION
Coolstreams, the
Coolstreams logo, Coolstreams program logos
(Including, but not limited to, Coolstreams, CoolStreams,
Cool Celtic, Cool Age,
Celtic Currents, Celtic Rock 'N Reel, Ambient Caverns, Timeless Canyons, Folk
Rock Cafe, Soul of the Web, Retro Rock Adventures, Coffee
House, Alt-80, Alt Aspects and others) and other Coolstreams logos and product and service names are
trademarks of Coolstreams, Inc or affiliates of
Coolstreams, Inc. (the "Coolstreams Marks").
Without Coolstreams' prior written permission, you
agree not to display, or use in any manner, the Coolstreams Marks.
8. MEMBER SERVICES
INQUIRIES
All Membership Listening
Options
inquiries related to the Membership Listening Options
Program should be emailed to Coolstreams at:
members@musicsojourn.
9. PURCHASED PRODUCTS
If you purchase CDs or other
products through the links on the Coolstreams web site
you are not purchasing them from Coolstreams, but a web
site with which we have an affiliate agreement (e.g.:
Amazon.com, Wal-Mart). Please contact the vendor site's
customer service directly, and be familiar with their terms
and conditions before entering into a purchase. On
some occasions, we sell hard to find LPs and CDs through our
catalog page on a quoted basis, and terms for returning
items purchased will be supplied at the time of the
quotation.
10. LAWS AND LEGAL NOTICES
This Membership Agreement
represents your entire agreement with Coolstreams and
governs your use of the Membership Listening Options.
You agree that this Membership Agreement is not intended to
confer and does not confer any rights or remedies upon any
person other that the parties to this Agreement. 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. The failure
of Coolstreams to exercise or enforce any right or
provision of the Membership Agreement shall not constitute a
waiver of such right or provision. The laws of the State of
Pennsylvania, excluding its conflicts-of-laws rules, govern
this Agreement and your use of the Membership Listening
Options. You
expressly agree to submit to the exclusive and personal
jurisdiction of the courts located within the County of
Allegheny, Pennsylvania for any claim or dispute with
Coolstreams arising from the Membership Agreement or
relating in any way to your use of the Membership Listening
Options. |
