THIS LEGAL AGREEMENT BETWEEN YOU AND STAR RECORDING, INC. ("ONEMUSICPH") GOVERNS YOUR USE OF THE STARMUSIC.PH WEBSITE (“WEBSITE”):
1. TERMS OF AGREEMENT
a. ONEMUSICPH, a corporation duly organized under Philippine laws, with business address at the 2nd Floor, Eugenio Lopez Communications Center, Lopez Drive, Quezon City 1103 PHILIPPINES, allows you to access to the “Website conditioned on your agreement to all of the terms and conditions contained in this Agreement. Your use of the Website constitutes your agreement to all such terms and conditions, and any rules of conduct as STAR may implement. By downloading Content directly from the Website,or purchasing the card or e-pin or redeeming e-pins at the Website, as hereinafter defined, you agree to these Terms and Conditions of Use and the policies expressed in our Privacy Statement. If you have any questions regarding these Terms and Conditions of Use and Privacy Statement, please contact us through our customer hotline at (02) 480-2274 (the “Hotline”) or email us via [email protected] You may also fax us at (632) 415-2272, extension 3423.
b. Amendments. ONEMUSICPH may amend this Agreement at any time in its sole discretion by posting the amended Agreement at the Website. Your use of the Website after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement periodically so you will be familiar with their content as amended or modified from time to time.
Should you decide that you are no longer interested to receive Alerts via cellphone, telephone, e-mail and/or post, you have the option be taken off ONEMUSICPH’ mailing list. This option may be availed of by going to the Accounts Management Page of the Website and ticking the Account Cancellation button. If you choose to avail of this option, you will no longer receive any Alert from ONEMUSICPH. If after availing of this option, you decide that you wish to receive Alerts or any other correspondence from ONEMUSICPH at a future time, kindly go to the Accounts Management Page and tick the button allowing ONEMUSICPH to contact you at a future time for Alerts and other correspondence.
2. DESCRIPTION OF SERVICE
a. STARRECORDS offers the Website as a downloading and/or redemption portal (the “Service”) accessible through the Internet at the Website. ONEMUSICPH reserves the right to change the URL address of the Website at any time and from time to time.
b. ONEMUSICPH does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Website is an active part of the Service and any use of the Website is governed by this Agreement. ONEMUSICPH may change the Content at its sole discretion without any need of notice to you. In case of substitution of Content, ONEMUSICPH shall have the sole discretion to choose the replacement.
Should the use of the Service require the opening, use and maintenance of an account, the following terms shall apply:
a. Account ID. At the time your account is opened, you must submit your email address to identify and validate yourself to ONEMUSICPH staff (your "Account ID"). Your Account ID will be validated by ONEMUSICPH by sending an activation link to the supplied email address. If you do not have a valid email address, you will not be able to register. You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which ONEMUSICPH deems in its discretion to be vulgar or otherwise offensive. ONEMUSICPH reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
b. Account. You do not own the account you use to access the Service, the characters that ONEMUSICPH stores on ONEMUSICPH servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you created is needed to login to access the service.
c. Passwords. Upon opening of your Account, you must select a password. You are responsible for maintaining the confidentiality of your password and for damages, injuries, loss and liabilities arising from the negligent or improper disclosure of your password.
d. Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ONEMUSICPH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ONEMUSICPH has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
e. Former Members. Members whose Accounts have been terminated by ONEMUSICPH may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of ONEMUSICPH.
f. Related Accounts. If ONEMUSICPH terminates an Account, ONEMUSICPH may terminate any other accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated account.
g. Right to Ban or Forfeit Accounts. ONEMUSICPH reserves the right to ban or forfeit an account at its sole discretion.
h. Disclosure. ONEMUSICPH reserves the right at all times to disclose the identity of account holders or other information related thereto as may be necessary to comply with any law, regulation, or government request.
i. Transfers. Except to the extent necessary to effectuate the specific uses for which you have contracted with ONEMUSICPH, you shall not assign, rent, lease, sell, sublicense, or otherwise transfer your Account to another party without prior written consent of ONEMUSICPH. Any party authorized by ONEMUSICPH to receive the Account must agree to be bound by the terms and conditions of this Agreement and the Rules of Conduct.
4. USE OF THE SERVICES
a. ONEMUSICPH has designed the Website for downloads only as offered by ONEMUSICPH at the Website. You agree to use the WEBSITE and the Service only as offered at the Website and not through any other means. You further agree not to create or provide any other means through which the Service may be accessed by others, as through server emulators. You acknowledge that you do not have the right to copy, create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Service. You may not take any action, which imposes an unreasonable or disproportionately large load on the Website or the Service’s infrastructure.
b. As a condition of your use of the Website, you warrant to ONEMUSICPH that you will not use the Website, the Service or any of its components, or the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or the Service.
5. E-PIN/ PREPAID CARD PURCHASES
a. Validity. E-pins and/or prepaid cards (collectively, the “Products”) shall be valid within one (1) year from activation date.
b. Requests for Download Link. After each successful redemption or activation of the Products, in case you are not able to download the Content, you may request for a download link for a maximum of three (3) times via the Hotline, and a download link shall be sent by ONEMUSICPH to your registered e-mail address used for your Account ID. The ONEMUSICPH customer service representative at the Hotline shall have the right to verify the validity of the PIN and/or Serial Numbers for the Products and may refuse to re-send a download link should the PIN and/or Serial Number you provide be invalid.
6. CREDIT CARD PURCHASES
a. LIABILITY OF USER. By using a credit card on the Website, you warrant that you are the owner or authorized user of the credit card and shall be primarily responsible for all purchases made thereunder.
b. TRANSACTION CURRENCY. All transactions shall be in Philippine currency.
c. REPLACEMENT AND REFUND POLICY. ONEMUSICPH shall fully refund and/or reverse any payment for purchases made on the Website on the following grounds, unless it is shown that any of the grounds below is due to your fault or negligence:
i. Delivery failure;
ii. Unavailable or wrong Content; and
iii. Defective Content
All requests for refund shall be subject to investigation and approval by ONEMUSICPH, whose decision shall be final. Due to the nature of digital music downloads, which are automatically delivered and cannot be physically returned, any other ground for a request for refund and/or reversal of payment shall be at the sole discretion of ONEMUSICPH.
Alternatively, ONEMUSICPH may offer the customer a replacement by providing him or her with a download link.
d. CANCELLATIONS. You shall be allowed to cancel a transaction any time prior to delivery.
e. DELIVERY. You shall be allowed to have a maximum of five (5) attempts to download purchased Content within a 24-hour period. Should the content still be undelivered after five (5) attempts or after 24 hours, the transaction shall be deemed cancelled.
f. BILLING. Subject to the provisions of this Section, ONEMUSICPH will bill you only upon successful delivery.
7. LINKS TO THIRD PARTY SITES
The Website or the Service may contain links to other web sites ("Linked Sites"). Except for other web pages operated by ONEMUSICPH or as provided in this Agreement, the Linked Sites are not under the control of ONEMUSICPH and ONEMUSICPH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ONEMUSICPH is not responsible for webcasting or any other form of transmission received from any Linked Site. These links are provided only as a convenience, and the inclusion of any link does not imply endorsement by ONEMUSICPH of the site or any association with its operators.
8. CONTENT USAGE
a. Rights to Content. You acknowledge that:
i. by using the Website and the Service you will have access to graphics, sound effects, music (including musical compositions and sound recordings), video and text (collectively, "Content"),
ii. Such Content is provided STRICTLY FOR PERSONAL USE ONLY, and “PERSONAL USE” does not include the right to share, copy, or reproduce the Content, or use the Content as background music for any other user-generated content, or upload the Content to any other site or online services, or otherwise exploit the same, whether or not for a fee, without the written authorization of ONEMUSICPH, and
iii. Content may be provided under license by independent content providers (the "Content Providers"). You acknowledge that ONEMUSICPH and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with accessing the WEBSITE. All rights not granted herein are RESERVED by ONEMUSICPH and/or the Content Providers.
iv. Removal of Content. ONEMUSICPH has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
The personal information you provide ONEMUSICPH during registration is used for its internal purpose only and shall be used in connection with the Service. Except as otherwise expressly permitted by this Agreement or as otherwise expressly authorized by you, ONEMUSICPH will not give any of your personal information to any third party. However, ONEMUSICPH does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Furthermore, ONEMUSICPH can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as ONEMUSICPH, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ONEMUSICPH's sole discretion. If you request any technical support, you consent to our remote accessing and review of your computer for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service and any services or software which may in the future be provided by us or on our behalf.
9. INTERRUPTION OF SERVICE
a. ONEMUSICPH reserves the right to interrupt use and access to the Website and the Service from time to time, with or without prior notice, in order to perform maintenance.
b. You acknowledge that the access to the Website and/or the Service may be interrupted for reasons beyond the control of ONEMUSICPH and ONEMUSICPH cannot guarantee that you will be able to access the Website, Service or your Account whenever you may wish to do so. ONEMUSICPH shall not be liable for any interruption and/or access delay or failure to the Website or Service resulting from any causes beyond its reasonable control or for any disruptions arising from or attributable to your actions.
c. ONEMUSICPH shall not be obligated to refund all or any portion of any fee by reason of any interruption of the Service by reason of any of the circumstances described herein.
10. LIMITATIONS ON LIABILITY
a. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONEMUSICPH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
b. ONEMUSICPH PROVIDES THE SERVICE, THE ACCOUNT AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ONEMUSICPH DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE WEBSITE OR THE SERVICE.
c. IN NO EVENT SHALL ONEMUSICPH AND/OR ITS SUPPLIERS OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR THE SERVICE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE OR THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONEMUSICPH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE SERVICE OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
11. PARENTAL GUIDANCE
While ONEMUSICPH may choose to monitor and take action upon inappropriate content, chat or links to the Website, it is possible that at any time there may be language or other material accessible on or through the Website that may be inappropriate for children or offensive to some users of any age, nationality or culture. ONEMUSICPH cannot ensure that other users will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. ONEMUSICPH does not as a matter of policy pre-screen the content of the materials or communications transmitted by each user. It shall be your responsibility to screen and access content that are appropriate to your age level and further warrants that you have secured the necessary consent and advice from your parents and/or guardian to avail or use the Services.
ONEMUSICPH may terminate this Agreement (including your Account) immediately and without notice under the following circumstances:
You agree to defend, indemnify and hold harmless ONEMUSICPH, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, Content Providers from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from your breach or violation of any of the conditions of this Agreement.
a. if you breach or violate any of the conditions, obligations or provisions of this Agreement;
b. if you infringe any third party intellectual property rights or expose the Website, the Service and ONEMUSICPH, its officers, employees and representatives from any possible damages, liabilities, claim or action for infringement of intellectual property rights;
c. if ONEMUSICPH is unable to verify or authenticate any information you have provided; and
d. under any other circumstances under law or equity.
The termination of this Agreement under the foregoing circumstances shall result to your inability to access your Account without prejudice to any other rights or remedies ONEMUSICPH may have at law or in equity.
14. GENERAL PROVISIONS
Failure or omission on the part of ONEMUSICPH to avail of or enforce any term or condition provided herein or by law shall not be deemed a waiver of ONEMUSICPH’s right to enforce the same, or to avail of the remedies provided for by law, nor absolve you from liability for your obligations to ONEMUSICPH, and no novation of any of the terms and conditions herein shall be effective against ABS-CBN unless the same is made in writing by ONEMUSICPH.
In case any term or condition herein is declared void or unenforceable, the other terms and conditions unaffected thereby shall remain in full force and effect.
This Agreement is governed by the laws of the Republic of the Philippines. You hereby consent to the exclusive jurisdiction and venue of courts in the Philippines, without applying any conflicts of law principles which would require application of the law of any other jurisdiction , in all disputes arising out of or relating to the use of the Website or the Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ONEMUSICPH, or its parent, subsidiary or affiliate as a result of this Agreement or use of the Website or the Service. ONEMUSICPH' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ONEMUSICPH’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or Service, or information provided to or gathered by ONEMUSICPH with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and ONEMUSICPH with respect to the Website and the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ONEMUSICPH with respect to the Website or Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
15. COPYRIGHT NOTICE
All contents of the Website are: © 2011 Star Recording, Inc. and/or its suppliers. All Rights Reserved. The individual musical compositions and sound recordings offered for sale on the Website are © on the dates they were created.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
17. CONFIDENTIALITY CLAUSE
All personal information you provided in availing the Service will be treated with utmost confidentiality. However, you hereby acknowledge that the Service Provider and/or ONEMUSICPH may have to disclose such information to its authorized agents or representative, employees, consultants, and personnel on a need to know basis in any and all instances when such disclosure is necessary for the execution of efforts geared towards overall customer satisfaction, which include information dissemination through marketing or telemarketing of ONEMUSICPH and its subsidiaries’ products and other means, facilitating services requests and maintenance work, and the like. In the event that during the effectivity of this Agreement, ONEMUSICPH is requested or required to disclose such personal information in order to comply with an investigatory, legal, regulatory or administrative proceeding (including a subpoena, civil investigative demand or similar process) or a court order, the User or its representatives, heirs or assigns shall permit ONEMUSICPH, without liability hereunder, to disclose such personal information.