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Download Agreement

Customers purchasing downloads must agree to these terms.

You should carefully read the following terms and conditions before downloading, installing, copying, or otherwise using the downloadable material. This Agreement is a binding legal agreement between you and Sea Song LLC. All updates, additional terms, software licenses, and rules and policies of thecallmovie.org are incorporated into and form a part of this Agreement. If you do not agree to these terms, do not download any material from thecallmovie.org. By downloading our Soundtrack or Movie, you agree to be bound by the terms of this Download Agreement.

1. USAGE RULES

The terms “Soundtrack” and “Movie” as used herein shall mean all music, movies, images, artwork, text, and other copyrightable materials available for download from thecallmovie.org.

You understand and acknowledge that your use of the Soundtrack or Movie is conditioned on your prior acceptance of the terms of this Agreement. You agree to use the Soundtrack or Movie solely in accordance with and compliance with the terms of this Download Agreement.

You agree to pay for the Soundtrack or Movie that you download and that thecallmovie.org may charge you through our website’s store for any Soundtrack and Movie so downloaded and you expressly authorize thecallmovie.org to so charge you.

The Soundtrack or Movie is sublicensed to you and not sold notwithstanding use of the terms “sell,” “purchase,” “order,” or “buy” on thecallmovie.org web site or this Agreement.

thecallmovie.org grants to you alone a non-exclusive, non-transferable, non-sublicensable, limited license to use the Soundtrack or Movie solely as herein provided.

You may use the Soundtrack or Movie only for your own personal, noncommercial use. You may use the Soundtrack or Movie an unlimited number of times on the personal computer or device to which the Soundtrack or Movie is downloaded.  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, artwork or cinematography embodied in the Soundtrack or Movie. You understand and acknowledge that technical problems may delay or prevent delivery of Soundtrack or Movie at the time you order it. Your sole and exclusive remedy with respect to the Soundtrack or Movie that is not delivered to you within a reasonable time is the refund of the purchase price paid for such Soundtrack or Movie or the replacement of the Soundtrack or Movie to be determined at the sole discretion of thecallmovie.org.

You understand and acknowledge that in order for you to download the Soundtrack or Movie or use the Soundtrack or Movie, you may be required to have certain hardware and software and that it is your sole responsibility to obtain such hardware and software at your sole expense. You hereby expressly authorize us to communicate to you at the email address, mailing address, and telephone number which you designate during the checkout process.

You may not, nor may not permit or allow others to, modify, improve, reverse compile, decompile, reverse assemble, reverse engineer, re-engineer, or disassemble the Soundtrack or Movie, in whole or in part. You may not upload any Soundtrack or Movie to the Internet, any intranet, or any private network. You shall not make any Soundtrack or Movie available through any file sharing system or program. You may not include any Soundtrack or Movie in any derivative work, without the written permission and/or paid lease directly with the originating studio. You may not distribute or otherwise transfer the Soundtrack or Movie except as expressly authorized herein. You may not copy or otherwise reproduce the Soundtrack or Movie except to the extent specifically authorized herein.

You agree to and shall comply with all local, state, federal, national, and international laws, statutes, ordinances, rules and regulations relating to this Agreement and your use of the Soundtrack or Movie, as protected by copyright law.

You acknowledge and agree that SEA SONG LLC reserves the right to take steps that SEA SONG LLC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that SEA SONG LLC has the right, without liability to you, to disclose any purchase data to law enforcement authorities, government officials, and/or a third party, as SEA SONG LLC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SEA SONG LLC’s right to cooperate with any legal process relating to your use of the Soundtrack or Movie, and/or a third party claim that your use of the Soundtrack or Movie is unlawful and/or infringes such third party’s rights).

You understand and acknowledge that the Soundtrack or Movie includes materials from third parties and that thecallmovie.org may provide links to certain third party web sites. You acknowledge and agree that thecallmovie.org is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. thecallmovie.org 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 programs of third parties. Links to other websites are provided solely as a convenience to you.

The within Agreement is personal to you and neither this Agreement nor the Soundtrack or Movie may be sold, licensed, sublicensed, leased, loaned, assigned or otherwise transferred in any manner.

2. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Soundtrack or Movie is protected by applicable intellectual property laws including, without limitation, copyright and trademark laws. You will not use the Soundtrack or Movie in any manner whatsoever that infringes upon the intellectual property rights of SEA SONG LLC and its licensors.

SEA SONG LLC, the thecallmovie.org logo and other thecallmovie.org content trademarks, graphics, and logos used in connection with the web site are trademarks or registered trademarks of SEA SONG LLC in the United States and other countries. Other trademarks, software marks, graphics, and logos used in connection with the Soundtrack or Movie 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. All right, title and interest in and to such trademarks are and remain with SEASONG LLC and/or its respective licensors. All rights not specifically granted to you hereunder are expressly reserved to SEA SONG LLC and its licensors, including, without limitation, any and all rights under state, federal, and international copyright laws. You may not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warnings which are included in the Soundtrack or Movie or on the thecallmovie.org web site.

THE USE OF THE SOUNDTRACK, MOVIE, AND WEB SITE EXCEPT AS EXPRESSLY PERMITTED HEREUNDER IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF SEA SONG LLC AND ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

3. DISCLAIMER OF WARRANTY; DISCLAIMER OF CONSEQUENTIAL DAMAGES; INDEMNIFICATION; AND LIMITATIONS ON SEA SONG LLC LIABILITY.

THE SOUNDTRACK AND MOVIE ARE PROVIDED ON AN “AS IS” BASIS AND thecallmovie.org MAKES NO WARRANITES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SOUNDTRACK AND MOVIE. thecallmovie.org MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERUPTED OR ERROR FREE.

SEA SONG LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON SEA SONG LLC’S PART RELATING TO ANY ALLEGEDLY DEFECTIVE SOUNDTRACK OR MOVIE, AND SEA SONG LLC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SEA SONG LLC ANY OTHER LIABILITIES OR OBLIGATIONS.

SEA SONG LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY PERFORMANCE WITH THE SOUNDTRACK OR MOVIE.

SEA SONG LLC LIABILITY, IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH THE USE OF THE SOUNDTRACK OR MOVIE AND thecallmovie.org WEB SITE SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE PAID.

SEA SONG LLC SHALL HAVE NO LIABILITY TO ANY THIRD PARTY ARISING FROM THE USE OF THE SOUNDTRACK OR MOVIE AND thecallmovie.org WEBSITE.

YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD SEA SONG LLC HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOUNDTRACK OR MOVIE AND WEBSITE.

SOME STATES DO NOT ALLOW FOR EXCLUSION OF AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

4. TERM AND TERMINATION

The term of this Agreement and of the license granted hereunder shall run from the effective date hereof and continue until such time as SEA SONG LLC terminates this Agreement. This Agreement may be terminated at any time for any reason by SEA SONG LLC without notice to you.

5. MODIFICATION OF TERMS OF USE AGREEMENT

SEA SONG LLC reserves the right, in its sole discretion, to modify and amend this Agreement in any manner at any time by posting a change notice or new Agreement on thecallmovie.org or by sending you written notice by email or regular mail. IF ANY SUCH MODIFICATION OR AMENDMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DISCONTINUE BUYING AND/OR DOWNLOADING THE SOUNDTRACK OR MOVIE FROM thecallmovie.org. ANY DOWNLOAD OF SOUNDTRACK OR MOVIE FOLLOWING OUR POSTING OR NOTIFYING YOU OF A CHANGE NOTICE OR NEW AGREEMENT SHALL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE AND/OR NEW AGREEMENT.

6. CHANGES TO PRODUCTS AND PROGRAM

SEA SONG LLC reserves the right to make any changes to the Soundtrack or Movie, or to discontinue the sale of the Soundtrack or Movie, or to cease operations without notice and without liability to you. SEA SONG LLC reserves the right to make any changes to or discontinue the operation of thecallmovie.org without notice and without liability to you.

7. JURISDICTION AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Each party hereto hereby consents to the personal jurisdiction and subject matter jurisdiction of any of the courts in the State of Illinois, whether federal or state, for any purpose or matter pertaining directly or indirectly to this Agreement or any matter arising from or in connection with the performance of this Agreement. Each party agrees that any action or proceeding commenced for any purpose or matter pertaining directly or indirectly to this Agreement or any matter arising from or in connection with the performance of this Agreement shall be commenced and maintained only in a court in the State of Illinois.

8. INDEMNIFICATION

You agree to and hereby do indemnify and hold SEA SONG LLC harmless from and against any and all costs, damages, losses, and expense, including attorney’s fees, whatsoever arising from your breach of or default under this Agreement.

9. NOTICES

All notices to you will be sent by e-mail to the e-mail address you designate as part of the order process or by first class mail, postage prepaid, to you at the mailing address you designate as part of the order process. All notices to SEA SONG LLC shall be sent by e-mail to info@thecallmovie.org or by first class mail, postage prepaid, to:
SEA SONG LLC
312 N. Grove Ave.
Oak Park IL, 60302

10. MISCELLANEOUS

All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.

The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity.

Any failure by SEA SONG LLC to enforce any provision of this Agreement or of any order shall not constitute a waiver of the provisions or prejudice the right of SEA SONG LLC to enforce the provision at any subsequent time.

Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.

This Agreement may be assigned, in whole or in part, by SEA SONG LLC at any time upon notice to you.

This Agreement shall be binding upon and inure to the benefit of each party’s heirs, successors, and assigns.

The provisions of Sections 1-3 and 7-10 shall survive the termination of this Agreement regardless of the manner or cause of termination.

Effective date: November 11, 2012