Last updated: October 27, 2021.
THESE TERMS AND CONDITIONS (“TERMS”) SET OUT BELOW GOVERN YOUR USE OF THE 789TEN EDUCATING INC. (“789TEN”) WEBSITE, FEATURES AND SERVICES (THE “SERVICES”) PROVIDED VIA 789TEN’S WEBSITE WWW.789TEN.COM (THE “WEBSITE”). BY USING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING, BROWSING, OR PLACING AN ORDER ON THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING ANY ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. 789TEN PROVIDES THE SERVICES SUBJECT TO THE FOLLOWING TERMS, WHICH MAY BE MODIFIED OR AMENDED AT ANY TIME IN 789TEN’S SOLE DISCRETION WITHOUT NOTICE, AND BY USING OR CONTINUING TO USE THE SERVICES AND/OR PLACING AN ORDER THROUGH THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY AND ALL AMENDMENTS THERETO. PLEASE READ THEM CAREFULLY.
Electronic Communications. When you use any Service or send an e-mail to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically, including without limitation, e-mails, notices posted on the Website, or through the Services. You hereby agree that any such communications sent to you electronically satisfy any legal requirement that such communication from us to you be in writing.
Services and Products. 789TEN provides the Services through the Website, which permits you to purchase or otherwise access digital media content, either via download or streamed from the Website, produced either by 789TEN or its content suppliers (the “Providers”), and may include, without limitation, audio arrangement recordings or collections of musical loops and tracks, instrument presets, MIDI files, project files, and other content provided through the Website (“Soundpacks”), educational multimedia content, such as audio, video, photographic or written media (“Educational Content”), and any other product or content as 789TEN may decide to offer for sale in its sole discretion (collectively, the “Products”). Tutorial videos are available via streaming only on 789ten.com and are not available for download.
Account. If you use any 789TEN Service, including without limitation, placing an order for a Product via the Website, you will be required to establish an account and password (collectively, an “Account”). During registration you are prohibited from creating or using as a username: (i) a name of another person with the intent to impersonate that person; (ii) a name that is subject to any rights of a person other than you without appropriate authorization (including, without limitation, the name of a famous artist or performer); or (iii) a name that is otherwise offensive, vulgar, or obscene. You will be solely responsible for maintaining the confidentiality and security of your Account and its contents, and you hereby accept responsibility for all activities that occur under your Account. You agree that 789TEN will not be responsible in any way for any losses arising out of the unauthorized use of your Account. If you are under the age of majority in your province of residence, you may use the 789TEN Services only with the involvement and supervision of a parent or legal guardian. Your Account is only for your personal use. If you represent a company or other organization, the Account cannot be accessed by multiple individuals within your group. (If you wish to discuss group or organization pricing, please contact us for further information.) 789TEN reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in its sole discretion. You further agree to provide accurate and complete information when you register with, and as you use, the 789TEN Services, and you agree to update your Account information to keep it accurate and complete. You further agree that 789TEN may store and use any information you provide for use in maintaining and billing fees to your Account. If you are given the choice to create your Account via a third-party service, such as Google or Facebook, you acknowledge that you are bound by the terms governing any such service in addition to these Terms.
Mailing List. Upon creating a new Account, users will be added to our mailing list unless they choose to option out in the Account settings at any time.
Privacy. Please review our Privacy Notice, which also governs your use of the Services and the Website.
Copyright. Any and all content included in or made available through any Service, including without limitation, Products, Soundpacks, Educational Content, text, graphics, videos, multimedia, logos, layouts, design, button icon, images, audio clips, digital downloads, data compilations and software (“Content”), are the exclusive property of 789TEN or its Providers, and is protected by Canadian and international copyright laws. The compilation of all Content included in or made available through any Service is the exclusive property of 789TEN and is protected by Canadian and international copyright laws.
Trademarks. Any and all graphics, logos, page headers, button icons, scripts, and service or trade names included in or made available through any Services are trade-marks or trade dress of 789TEN or its affiliates, in Canada and other countries, where applicable (collectively, the “Trademarks”). You are prohibited from using the Trademarks in any manner or purpose, including without limitation, in connection with any product or service that is not 789TEN’s or its affiliates’, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits or dilutes the goodwill of 789TEN or its affiliates. All other trademarks not owned by 789TEN or its affiliates that appear on the Website or made available or appears on any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 789TEN or its affiliates.
License. Subject to your compliance with these Terms, including without limitation, your payment of any applicable fees and/or taxes, 789TEN and/or its Providers grant you a limited, non-exclusive, personal, non-transferable license to access and use the Services and any Products purchased via Services for personal use (the “License”). For the avoidance of doubt, the License does NOT include: (i) any collection and use of any product listings, descriptions, or prices; (ii) any downloading or copying of information for the benefit of another merchant; (iii) any use of data mining, bots, or similar data-gathering and extraction tools; (iv) commercial use of Educational Content; (v) creation of derivative works of Educational Content; (vi) the resale of any unmodified content provided in Soundpacks in whole or in part; or (vii) any conduct or activity otherwise prohibited under the provisions of these Terms. The License does, however, include the right for you to amend, alter, modify, adapt, combine, create derivative works from the Soundpacks you have purchased, to include elements from the Soundpacks in your own work, and to use the program presets provided on the Website for personal and/or commercial use. Any Content purchased from the Website will be royalty free, unless otherwise stated.
License Limitations. While you are free to create and commercially exploit original creative works incorporating elements from the Soundpacks, including, without limitation, songs incorporating the performances and/or lyrics contained in so-called lyrics packs, you may not register copyright in and/or to any individual components of your original compositions obtained from 789TEN, including, without limitation, the lyrics contained in lyrics packs, which remain the sole property of 789TEN. (For clarity, if registering original compositions utilizing said lyrics with music rights organizations such as SOCAN or ASCAP, you shall likewise not register the lyrics writer or performer for any royalties, mechanical or otherwise.) You shall furthermore have no right to claim copyright infringement against any other individual for the use of any samples or other materials obtained from 789TEN, including, without limitation, the lyrics.
Rights Reserved. All rights not expressly granted to you under the License or these Terms are reserved and retained by 789TEN or its licensors, suppliers, publishers, rights-holders or other Providers. No Service, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of 789TEN. You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) of 789TEN without express written consent. You may not use any meta tags or any other “hidden text” utilizing the name or Trademarks of 789TEN without the express written consent of 789TEN. For the avoidance of doubt, any consent required to be obtained from 789TEN may be unreasonably withheld by 789TEN. You may not misuse the Services. You may use the 789TEN Services only as permitted by law and as set forth in these Terms. The License granted by 789TEN will automatically terminate in the event you fail to comply with these Terms, or any part thereof. 789TEN further reserves the right to modify, suspend or discontinue the Website and/or the Services, or any part thereof, at any time and without notice to you, and 789TEN will not be liable to you or to any third party should it exercise such rights.
Personality Rights. The Providers retain all personality rights. While you may incorporate elements from Soundpacks and the program presets in your own creative works, you may not use or reference the name of the Provider, including without limitation musicians and artists, who created the Content you use. For example, you may not reference any such Provider in your created works, commercial or otherwise, as “featuring,” “with,” or any other language which would create the impression of a direct collaboration. Any such use, or other deemed breach of any Providers’ personality rights may be cause for immediate termination of your Account and may result in legal action taken against you.
Product Descriptions. While 789TEN attempts to accurately describe all Products offered for sale through the Services, 789TEN does not warrant that such descriptions, or any other Content of any Services is accurate, complete, reliable, current, or error-free.
Payments and Taxes. You agree that you will pay for all Products you purchase through the Services using Tokens (defined below), and that 789TEN may charge your payment method for said Tokens purchased via your subscription Plan (defined below) and for any additional amounts (including without limitation, taxes and late fees, where applicable) that may be accrued by or in connection with your Account. You further agree and acknowledge that all prices, including any related taxes and/or fees, will be charged in United States Dollars (USD), unless 789TEN exercises its right to, at any time, to charge such amounts in any other currency, without notice to you. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING 789TEN WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL PURCHASES AND APPLICABLE FEES AND TAXES. The total purchase price for Products will include the price of the Product plus any applicable sales tax. Such sales tax is based on your billing address and the sales tax rate in effect at the time you download or purchase the Product. 789TEN will charge tax only in states where digital goods are taxable. All sales of Products are final. In the event a Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund of the total purchase price. If technical problems prevent or unreasonably delay delivery of your purchased Product, your exclusive and sole remedy is either replacement or refund of the total purchase price paid, as determined by 789TEN in its sole discretion.
Subscription Plans. In order to make purchases via the Website you will need to purchase an annual or monthly subscription plan (each a “Plan”) which will renew automatically unless and until you cancel your Plan, or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, the “Payment Method”) to use the Plan service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership fee before it renews each month (as explained below) in order to avoid billing of the next month’s membership fees to your Payment Method. A Plan will provide you a set number tokens (“Tokens”), depending on the Plan plan you choose. Tokens are redeemable for Products and Services on the Website. The number of Tokens per Product and Service will vary.
Purchases And Access After Cancellation. If you cancel your Plan, your Account will remain active and will retain access to any purchases made with your Tokens, but you will not be able to purchase further Products and Services until you activate a new Plan. In order to continue to access your purchases, you must maintain access to your Account.
Compatible Devices. In addition to an active Account, use of the Services and Products requires a compatible device, Internet access, and certain software (fees may apply). High-speed Internet access is strongly recommended for regular use and is required for video content. The latest version of certain software may be required or recommended to access the Website and/or Services and may be required for certain transactions or features of the Services and to purchase or download the Products, or to continue viewing or accessing purchased Products. You agree that meeting these requirements, which may change from time to time, is your sole responsibility.
Third-Party Software. There are software programs and technology contained within, or available through, the Website or the Services, that have been licensed to us by third parties (collectively “Third-Party Software”). Any Third-Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third-Party Software will not be held liable for the removal or other unavailability of such Third-Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third-Party Software contained in the Service. 789TEN does not assume any responsibility or liability for your use of such Third-Party Software.
Third-Party Materials. Certain content, products and services available via the Website or Services may include material, data, content, logo or information from third parties or hyperlinks to third party websites. 789TEN may provide links to third-party websites or products. You agree that 789TEN is not responsible for examining or evaluating the content, accuracy or safety of such third-party content or websites, and 789TEN does not warrant 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. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that 789TEN is not in any way responsible for any such use by you.
Reviews, Comments, Communications, and Other Content. Upon purchase of a Product, you may be admitted into a private forum for that Product (a “Forum”). (Certain Forums may require more than one purchase for access.) Providers connected to the related Product may, from time to time, participate on said Forum, but there is no guarantee of direct communication to or with any Provider or any other individual on a Forum. You may post reviews, comments, suggestions, ideas, questions and other content (“User Content”) publicly on the Website so long as such User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights of any party, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages, any of which 789TEN may, but is under no obligation to, determine in its sole discretion. To post User Content, you must be logged in to your Account. 789TEN reserves the right, but not the obligation, to regularly screen, remove or edit User Content. If you post User Content, and unless 789TEN indicates otherwise, you grant 789TEN a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such User Content throughout the world in any media for any purpose, commercial or otherwise. You represent and warrant that you own all rights to the User Content you post on the Website, that such User Content is accurate and that use of such User Content does not violate these Terms and will not cause injury to any third party. You hereby indemnify 789TEN for any and all claims resulting from your User Content, and you hereby acknowledge and agree that 789TEN takes no responsibility and assumes no liability for any User Content. All of the above-stated User Content limitations and requirements will apply to any and all Forums, including without limitation abusive or confrontational communications directed at Providers, 789TEN representatives, or other Forum users, which 789TEN may, in its sole discretion and without any obligation, enforce as we see fit.
Objectionable Material. You understand that by using the Services or Website you may encounter, directly or indirectly, material that you may deem to be offensive, indecent or objectionable, and that such material may or may not be identified as having explicit material, including without limitation, graphics, videos, lyrics, text and song titles. Nevertheless, you agree to use the Services at your sole risk and 789TEN will have no liability to you for any such material.
Termination. If you fail, or 789TEN suspects that you have failed, to comply with any provisions of these Terms, 789TEN, in its sole discretion, without notice to you may: (i) terminate these Terms and/or your Account, whereupon you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) prohibit access to the Services or Website, or any part thereof.
Suspension And Cancellation. 789TEN may, at any time, without notice to you, restrict, block suspend or cancel any or all of your use of the Website, the Services, or your Account if you fail to comply in full with any of these Terms or any other terms, agreements or policies that apply to a Website and the use of it. Any cancellation by us will not relieve you of any obligation to pay fees accrued to your Account prior to cancellation.
Disclaimer of Warranties and Limitation of Liability. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES ARE PROVIDED BY 789TEN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 789TEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
789TEN WORKS TO PROVIDE PRODUCTS AND SERVICES THAT ARE FREE AND CLEAR OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RESTRICTIONS. 789TEN CANNOT THOROUGHLY REVIEW ALL CONTAINED ON THE WEBSITE, AND YOU HEREBY INDEMNIFY AND SAVE HARMLESS 789TEN FOR ANY THIRD-PARTY COPYRIGHT CLAIMS ARISING FROM YOUR USE OF ANY PRODUCTS OR INDIVIDUAL ELEMENTS THEREIN. IN THE EVENT THAT ANY PRODUCTS, INCLUDING WITHOUT LIMITATION MUSIC SAMPLES, PROGRAM PRESETS AND PROJECT FILES, ARE FOUND TO BE IN BREACH OF ANY RELEVANT LAW, 789TEN RESERVES THE RIGHT TO CANCEL, DISCONTINUE, DELETE, OR OTHERWISE REMOVE FROM SALE AND ACCESS ANY OFFENDING PRODUCT OR PRODUCTS, OR THE OFFENDING ELEMENTS CONTAINED THEREIN. YOU FURTHERMORE DISCLAIM ANY CAUSE OF ACTION AGAINST 789TEN ARISING OUT OF LOSS OF ACCESS TO ANY CONTENT ACCESSED VIA THE WEBSITE OR 789TEN’S SERVICES IN THE EVENT OF ANY SUCH INTELLECTUAL PROPERTY BREACH.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 789TEN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 789TEN DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 789TEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES (INCLUDING THOSE PRODUCED BY THE PROVIDERS) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes. Any dispute or claim relation in any way to your use of the services, or to any products or services sold or distributed or otherwise made available by 789TEN through the Website or Services will be resolved by binding arbitration, rather than in court. The Arbitration Act of British Columbia will apply to these terms and conditions. The forum for arbitration will be Vancouver, Canada.
Special Notice for International Users. Products and Services available in connection with the Website and the transmission of applicable data, if any, is subject to Canadian export controls. No software or copyrighted material may be downloaded via the Services or Products, or otherwise exported or re-exported in violation of Canadian export laws. Downloading or using the Products or Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Products and/or Services, including as it concerns online conduct and acceptable content.