Your purchase of copies of Classical Oasis, Inc. (“Classical Oasis“, “we“, “us“, or “our“) audio recordings in Mp3 format (the “Purchased Music“) from the music purchasing page within ClassicalOasis.com (the “Music Store“) is governed by these terms and conditions (the “Agreement“). The Agreement does not apply to your general use of and receipt of information from ClassicalOasis.com, which is governed by the ClassicalOasis.com Terms & Conditions (the “General Terms & Conditions“). You can find the General Terms & Conditions at classicaloasis.com/termsandconditions.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE MUSIC THROUGH THE MUSIC STORE.
Your Consent. By purchasing through or otherwise using the Music Store, you agree to be bound by this Agreement.
The Purchase Process
Payment to Classical Oasis. Your rights in the Purchased Music are conditioned upon payment to Classical Oasis of the fees in effect at the time of your purchase (the “Purchase Fees“). You agree to pay all charges, including sales taxes, that are associated with the Purchase Fees.
Payment Information. In order for you to pay the Purchase Fees, you will be asked to supply certain payment information, such as your credit card information. Classical Oasis will handle the information you submit in accordance with Section 6 (Privacy of Your Information). You agree that all information you provide is accurate and complete. If we are unable to authenticate the payment information that you submit during the purchasing process, we will cancel the transaction and you will not be able to purchase music through the Music Store.
Download. Once you have paid the Purchase Fees, you will have seven (7) days to download the Purchased Music to your device. You will not be able to download the Purchased Music more than once.
Classical Oasis Ownership; Your Use of The Purchased Music
Classical Oasis Ownership. Classical Oasis and/or its licensors own all right, title and interest to The Music Store and all content displayed on or offered through the Music Store, including the Purchased Music.
Rights in the Purchased Music. Once you have paid the Purchase Fees, you will have a non-exclusive, non-transferable right to use the Purchased Music only for personal, non-commercial use, subject to the terms of this Agreement.
Restrictions on Your Use of Purchased Music. Your only set of rights with respect to the Purchased Music is set forth in Section 3.2 (Rights in the Purchased Music). For example, you shall not modify, redistribute, transmit, assign, sell, share, publicly perform, stream, or license the Purchased Music or otherwise violate copyright law.
Amendments to Pricing and Content. Classical Oasis reserves the right to change the music offered through the Music Store at any time and without prior notice. If we change pricing in the music store, you will not be entitled to a refund of any kind if the pricing associated with your Purchased Music is reduced after you make your purchase.
Privacy of Your Information. Your use of the Music Store and the information you provide is governed by our Privacy Policy [include link to PP].
Termination. If you violate the terms of this Agreement, your rights in the Purchased Music will automatically terminate.
Disclaimer of Warranties. The Purchased Music is made available to you “as is,” and classical oasis expressly disclaims warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. CERTAIN STATES PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES. IF THE LAWS OF THESE STATES APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
All Sales Final. We do not accept returns of Purchased Music. You cannot obtain a refund for any Purchased Music.
Disputes. Any dispute, controversy, or claim (collectively, a “Claim“) arising out of or relating to this Agreement shall be resolved by binding arbitration and shall be governed by The Federal Arbitration Act, related federal arbitration law and Massachusetts law, without regard to principles of conflict of laws. The Commonwealth of Massachusetts shall be the exclusive jurisdiction in which to bring a Claim, and the venue shall be the judicial county in which Classical Oasis resides.
Indemnification. You agree to indemnify Classical Oasis against damages, liabilities and reasonable expenses in connection with third party claims arising from your breach of this Agreement.
Limitation of Liability. In no event will Classical Oasis’ total liability in the aggregate to you for all damages arising from your use of the Music Store, purchase of Purchased Music, and actions and omissions under this Agreement exceed the amount that you paid for the Purchased Music that is the subject of your claim against Classical Oasis.
Third Party Beneficiaries. Classical Oasis and its licensors own all rights in the Purchased Music. Third party rights holders in the Purchased Music are intended third-party beneficiaries of this Agreement and may enforce this Agreement against you.
Amendments. Classical Oasis reserves the right to amend this Agreement at any time in its sole discretion. By continuing to purchase through or otherwise use the Music Store after this Agreement is amended, you agree to be bound by the terms of the amended version of this Agreement.
Severability. If any provision of this Agreement is held to be prohibited by or invalid under applicable law, that provision shall be deemed severable and shall not affect the validity of the remainder of the provisions of this Agreement.
Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersedes any prior or contemporaneous understanding, whether written or oral.
