Terms of Sale

Revised on June 24, 2008

Certain products and services may from time to time be made available to you ("you" or "User") by JamLegend operated by Foo Brew, Inc. or its corporate affiliates (collectively, "us", "we" or "the Company") through the JamLegend web site (the "Site") and service ("JamLegend" or the "Service"). By purchasing any products or services through JamLegend, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of JamLegend are also governed by the JamLegend Terms of Use ("Terms of Use"), which are incorporated herein by reference.

These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on JamLegend. If we make a material change to our subscription service we will use reasonable efforts to notify you by email at your designated email address. If any modification is unacceptable to you, you agree that your only recourse is to terminate your subscription as provided herein.

To make a purchase on JamLegend, you must be a registered JamLegend User and comply with these Terms of Sale (including the Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. The Company sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on JamLegend only with the involvement of a parent or guardian. We reserve the right to refuse or cancel orders or terminate accounts, at any time in our sole discretion. In the event, we terminate your or any gift recipient’s account, products and services purchased pursuant to these Terms of Sale may be forfeited without recompense.

We accept Visa, MasterCard, American Express, and Discover credit cards and certain debit cards, as forms of payment. By submitting an order through JamLegend, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. If JamLegend does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by JamLegend. All payments are to be made in United States Dollars. We may seek authorization of your credit card to validate your ability to charge the fees to access the applicable product or services prior to the first purchase. The authorization amount is typically between $1 to $20, but may vary. This authorization is not a charge but may reduce your available credit by the authorization amount until your bank's next processing cycle.

By completing the subscription service registration, you authorize JamLegend to charge applicable recurring subscription fees to your designated billing payment method. Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term at the then-current fee. ALL SUBSCRIPTION FEES ARE SUBJECT TO CHANGE ON A PROSPECTIVE BASIS UPON NOTICE FROM US SENT TO YOUR DESIGNATED EMAIL ADDRESS. IF YOU DO NOT ACCEPT THE NEW FEES, YOU SHOULD TERMINATE YOUR SUBSCRIPTION IMMEDIATELY. You will be charged for the renewal term of the subscription service on your billing date ("Billing Date"), based on the type of subscription (e.g., on a particular date each month for a monthly subscription; on the anniversary for an annual subscription; on the two-year anniversary for a biennial subscription, etc.). If, however, the activation date of your subscription is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information here.

JamLegend reserves the right to establish and charge fees for the Services and to change its fees and charges at any time for any reason. You agree that as a condition of your use of the Site and Services, you authorize JamLegend or its agents to charge your credit card for any fees or charges you incur in the use of the Site or Services. You agree that JamLegend may (at its option) accumulate charges and fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that JamLegend may delay obtaining authorization from your card issuer until submission of the accumulated charges and fees.

To cancel your subscription, please follow the instructions set forth here. Once you have terminated your subscription, we will stop billing your credit card until and unless you re-subscribe. However, all fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.

You acknowledge, however, that cancellation will result in your forfeiture of any goods or services to which you were entitled through our service and of access to any web storage made available prior to your cancellation.

You agree that we, in our sole discretion, with or without prior notice, may freeze or terminate your use of the subscription service for any reason, including, without limitation, if we believes that you have violated these Terms of Sale or the Terms of Use. We may also in our sole discretion and at any time modify or discontinue providing the subscription service, or any part thereof, with or without notice. Further, you agree that we shall not be liable to you or any third-party for any interference with or termination of your access to the subscription service.

All sales are final. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit with a value at least equal to the amount charged to your credit card. JamLegend reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. Unless you notify us of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you and you release us from all liabilities and claims of loss resulting from any such error or discrepancy.

For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here. If you cannot find the answers you are seeking, you can send us an email at support@JamLegend.com. Responses to emails will be provided as soon as possible.

User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the right to collect such taxes or other fees from you at any time.

We care about the privacy of our Users. Click here to view the Site's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

You agree to indemnify and hold JamLegend, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your purchase or use of the products and services, or from a breach of terms of this Agreement or your representations and warranties. You agree to hold JamLegend harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT PURCHASE OF ANY PRODUCTS OR SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, JamLegend DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE OR SERVICE OR ANY PRODUCTS OR SERVICES PURCHASED HEREUNDER. TO THE FULLEST EXTENT PERMITTED BY LAW, JamLegend DISCLAIMS ANY WARRANTIES FOR OTHER PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, JamLegend DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE OR ANY PRODUCTS OR SERVICES PURCHASED THEREON. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by JamLegend.

UNDER NO CIRCUMSTANCES WILL JamLegend BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF JamLegend HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF USERS PURCHASE OF PRODUCTS OR SERVICES ON THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, SERVICE OR PRODUCTS OR SERVICES PURCHASED HEREUNDER, FROM INABILITY TO USE THE SITE, SERVICE OR PRODUCTS OR SERVICES PURCHASED HEREUNDER, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE OR PRODUCTS OR SERVICES PURCHASED HEREUNDER. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, JamLegend’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO JamLegend FOR PRODUCTS OR SERVICES HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

YOU AND JamLegend AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE (INCLUDING THE TERMS OF USE) OR THE SALE OF THE PRODUCTS OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, JamLegend will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.

These Terms of Sale constitutes the entire agreement between you and JamLegend and governs your purchase of products and services from JamLegend, superseding any prior agreements between you and JamLegend. In the event of a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale shall be controlling. These Terms of Sale will be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Sale will be filed in a court of competent jurisdiction sitting in San Francisco County, California. Both parties consent to exclusive jurisdiction in that county. The failure of JamLegend to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to purchase of products or services from JamLegend must be filed within one (1) year after such claim or cause of action arose or be forever barred.