Sunday, October 9, 2005

End User License Agreement

Between Leather Impressions LI, trading as jewishmusic.net, a duly registered and incorporated Corporation (hereafter: Nigunim), and you, the registrant of a Nigunim Account (hereafter: You).

This agreement is binding on all transactions between Nigunim and its registered users. When you register for a Nigunim account you agree to be bound by all of the terms and conditions set out in this agreement.

1. License
1.1 When you download a .mp3 file from Nigunim, you are buying a license to keep two (2) copies of the file for your personal use. You do not own the downloaded file(s) or any copies which you make of it.
1.2 It is unlawful and illegal for you to retain more than two copies for personal use, and it is unlawful and illegal for you to transfer any copies to other parties if you also keep a copy for yourself.
1.3 If you transfer your license to a third party, it must be on the condition that the third party will be bound by this Agreement, and that you will not retain any copies of the file of which you transferred the license.
1.4 The license that Nigunim grants you is valid only as long as you do not violate any of the conditions of this agreement, or any laws regulating the use and distribution of Intellectual Property. You agree that if you will violate any of the conditions of this agreement, specifically, but not limited to, the conditions regulating the copying and transfer of the files, that you will lose your license to retain and use any copies of the relevant file.
1.5 All copies of any file downloaded from Nigunim remain the property of Nigunim, or its respective owner. Likewise, the same condition will apply to any copy made from such files.


2. Billing
2.1 When you click on the 'download' button to begin the download of a file, we will immediately debit the credit card which you provided when you opened your account. You will not be asked for any further confirmation.
2.2 When you place a mail order, Nigunim will make every effort to only debit your card after your order has been mailed. Nigunim reserves the right, however, to process the charge at any time after you place the order.


3 Delivery
3.1 When you download a file from Nigunim you will be presented with a system message box asking you if you want to open or save the file. At this point Nigunim will be considered as having delivered the file which you requested. You must click on the 'save' button to keep the file, and Nigunim will not be required to reimburse you in any way if you instead click on the 'cancel' or 'open' buttons.


4 Warranty
4.1 When you download a file, Nigunim is responsible to deliver a complete and functional .mp3 file of the song/s which you have chosen. Nigunim does not bear any further responsibilities to you.
4.2 If a file which you receive from Nigunim is in any way defective, you must e-mail Nigunim at nigunim@gmail.com, with a description of the problem, within one week of the purchase, and you must attach the defective file to your e-mail. Nigunim is responsible to reply within seven business days, and will send any replacements in a return e-mail. If you did not use your own account to get the file, you must tell Nigunim whose account you used.


5 Applicable Law
5.1 This agreement shall be subject to the applicable laws of the state of New York.
5.2 Applicable forum. Any dispute which may arise between Nigunim and yourself shall be referred to the sole and exclusive jurisdiction of a local New York Beis Din of Nigunim's choice. The decision of such Beis Din shall be final and binding upon the parties to disagreement.
5.3 Nigunim reserves to itself the exclusive right to alter or amend the Terms and Condition of this agreement as and when such need may arise. Any amendments or alterations, when made, shall be immediately become fully binding upon yourself.