Last updated: JUNE 24, 2016
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 downloadable content, 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 ("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”).
Account. If you use any 789Ten Service, including without limitation, placing an order for a Product via the Website, you may be required to establish an account and password ("Account”), and you agree to accept responsibility for all activities that occur under your Account, maintaining the confidentiality and security of your Account and its contents. You agree that 789Ten shall 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. 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.
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, sound packs, educational media, 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, non-transferable license to access and use the Services and any Products purchased via Services (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, robots, or similar data-gathering and extraction tools; (iv) commercial use of Educational Content, (v) creation of derivative works of Educational Content, or (vi) any conduct or activity otherwise prohibited under the provisions of these Terms. The License does, however, include the right for you to use, amend, alter, modify, adapt, combine or create derivative works from the Soundpacks you have purchased for personal or commercial use.
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 shall 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.
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, and that 789Ten may charge your payment method for any Products purchased 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 the purchase price for all Products, including any related taxes and/or fees, shall be charged in United States Dollars (USD), unless 789Ten exercises its right to, at any time, charge such amounts in any other currency, without notice to you. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDNG 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.
Compatible Devices. Use of the Services 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 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. 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. To post User Content, you must be logged in to your account with Facebook, Inc. ("Facebook). You may not use a false account with Facebook or illegally or wrongfully use a third party’s account with Facebook without their consent, including without limitation, to impersonate a third party. 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 shall 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.
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 shall 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.
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.
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, 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 Commercial Arbitration Act of British Columbia shall apply to these terms and conditions. The forum for arbitration shall be Vancouver, Canada.