1. The Sale

GraphicAudio® offers downloads and CDs of digitized versions of audio recordings, artwork and information relating to such audio recordings, and other content (individually and collectively, "Digital Content"). If you purchase MP3 Downloads on our mobile store, then we recommend that you download the MP3 zip file on your desktop or laptop computer. Most mobile devices can not download and unzip the MP3 files.

2. Digital Content

2.1  Rights Granted. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Sale. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Sale. Any unauthorized duplication or exploitation of the audio downloads other than for one time, home or personal use constitutes copyright infringement and is subject to civil and criminal penalties.

2.2  Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.  You should limit the backup copies to one copy.

2.3  Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

2.4  All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it.  You should limit the backup copies to one copy.  If you are unable to complete a download after having reviewed our online help resources, please contact GraphicAudio® customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the GraphicAudio® online store, www.graphicaudio.net without notice.

3. Reservation of Rights

Except for the rights explicitly granted to you in the Terms of Sale, all right, title and interest in the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.

4. Territorial Restrictions

As required by our providers, MP3 Downloads and Audio CDs will, unless otherwise designated, be available only to customers located in the United States and Canada.

5. General

5.1  Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the GraphicAudio.net Conditions of Sale: in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your purchase of the Digital Content, or information, materials or products included on or otherwise made available to you through www.graphicaudio.net, exceed the amount you paid to purchase the Digital Content related to your claim for damages.  These limitations will apply to you even if the remedies fail of their essential purpose.

5.2  Termination; Amendments. Your rights under the Terms of Sale will automatically terminate without notice from us if you fail to comply with any of our terms. In case of such termination, you must cease purchasing Digital Content from www.graphicaudio.net, and we may immediately revoke your username and password without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms of Sale will not constitute a waiver of any of our rights. We may amend any of the Terms of Sale at our sole discretion by posting the revised terms on our website. Your continued purchase of the Digital Content after any such amendment’s effective date evidences your agreement to be bound by it.

5.3  Contact Information. For communications concerning the Terms of Sale, please write to GraphicAudio®/The Cutting Corporation Attn: Legal Department, 4940 Hampden Lane, Suite 300, Bethesda, MD  20814 or email support@graphicaudio.net.

6.  Electronic Communications

When you visit www.graphicaudio.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of GraphicAudio® or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GraphicAudio® and protected by U.S. and International copyright laws. Any software on this site is the property of The Cutting Corporation, Inc., or its software suppliers, and its intellectual property rights are protected under applicable laws.

8. Trademarks

GraphicAudio®, A Movie in Your Mind™, GA™ and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of The Cutting Corporation, Inc. in the U.S. and/or other countries. GraphicAudio®’s trademarks and trade dress may not be used in connection with any product or service that is not GraphicAudio®’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GraphicAudio®. All other trademarks not owned by GraphicAudio® that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GraphicAudio®.

9. Privacy

Please review our Privacy Notice, which also governs your visit to www.graphicaudio.net, to understand our practices.

10. License and Site Access

GraphicAudio® grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GraphicAudio®. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GraphicAudio®. 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 GraphicAudio® without express written consent. You may not use any meta tags or any other “hidden text” utilizing GraphicAudio®’s name or trademarks without the express written consent of GraphicAudio®. Any unauthorized use terminates the permission or license granted by GraphicAudio®. You may not use any GraphicAudio® logo or other proprietary graphic or trademark as part of the link without express written permission.

11.  Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GraphicAudio® does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use GraphicAudio.net only with involvement of a parent or guardian. GraphicAudio® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

12.  Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, 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.” We have the right to refuse any posting for whatever reason.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GraphicAudio® reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant GraphicAudio® a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GraphicAudio® and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GraphicAudio® for all claims resulting from content you supply. GraphicAudio® has the right but not the obligation to monitor and edit or remove any activity or content. GraphicAudio® takes no responsibility and assumes no liability for any content posted by you or any third party.

13. Risk of Loss

All items purchased from GraphicAudio® are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

14. Product Descriptions

GraphicAudio® attempts to be as accurate as possible. However, GraphicAudio® does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by GraphicAudio® itself is not as described, your sole remedy is to return it in unused condition.  Digital Downloads do not apply and are non returnable.

15.  Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GRAPHICAUDIO® ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

GRAPHICAUDIO® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRAPHICAUDIO® DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRAPHICAUDIO® DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GRAPHICAUDIO® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRAPHICAUDIO® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16. Applicable Law

You agree to defend, indemnify and hold harmless The Cutting Corporation, Inc and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

17. Disputes

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of the Cutting Corporation Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit The Cutting Corporation, Inc.’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed solely under District of Columbia, USA, law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of the District of Columbia, USA and you consent to the exclusive personal jurisdiction of such courts for any action brought by any party and agree that as to The Cutting Corporation Inc. a solely legal remedy may be inadequate and injunctive relief shall be available for its protection.

18.  Site Policies, Modification, and Severability

Please review our other policies, such as our privacy policy, shipping policy and return policy. These policies also govern your visit to GraphicAudio.net. We reserve the right to make changes to our site, policies, and these Terms of Sale and Conditions of sale at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

GraphicAudio®
4940 Hampden Lane, Suite 300
Bethesda, MD  20814
http://www.GraphicAudio.net