FAQ
Welcome
the Frequently Asked Questions section of FoxTrotDance!
Here you will find comprehensive answers to the most common asked
questions about our web site and the download service we provide.
If you don’t see an answer to your question, feel free to
contact us and we will
respond to your question as soon as possible.
»
Using
Fox Trot Dance
»
Fox Trot Dance Terms of Use
»
Fox Trot Dance End User License Agreement
» How
do I use FoxTrotDance to purchase audio or video files?
» Do
I need a high speed Internet Connection to use your service?
» What
are the recommended System Requirements to use FoxTrotDance.com’s
service?
» Where
do I get the software to create audio CD’s using my computer’s
CD burner?
» How
do I resume interrupted downloads from FoxTrotDance?
» What
am I entitled to do with the digital files that I purchase from
FoxTrotDance?
» Where
are the digital media files I purchase and download from FoxTrotDance
stored?
» What
if I lose the file(s) I purchased from Fox Trot Dance, can I download
them again without paying?
» What
types of media file formats does FoxTrotDance offer?
» Are
digital media file downloads from FoxTrotDance.com legal?
» Are
digital media files from FoxTrotDance.com safe?
» Why
can't I find a song or music genre I'm looking for?
» What
does CD-quality mean?
» How
much do audio files cost?
»
How much do video files
cost?
» Can
I sell the audio or video files I download from FoxTrotDance.com?
» Can
I become an affiliate seller of FoxTrotDance’s digital media
content?
» Can
I upload audio or video files that I purchase to a shared server?
» Where
can I find the End User License Agreement that I agreed to when
I made my first purchase?
» Is
there a subscription fee or any other additional charges associated
with purchasing digital media files from FoxTrotDance?
» Can
I send a digital media download as a gift to someone?
» Can
I transfer digital media file downloads from FoxTrotDance to another
computer?
» What
do I need to burn audio files I downloaded onto a CD?
» How
many times can I burn an audio file onto a custom CD?
»
Where can I play the audio
CD’s that I burn?
»
What
should I do if I have trouble burning CDs?
How do I use FoxTrotDance to purchase audio or
video files?
Using FoxTrotDance.com is simple. Here's a brief introduction.
You can choose to purchase and download one file at a time or
multiple files all at once using our convenient shopping cart
system. All you need to do is navigate to the specific audio or
video file you would like to purchase in our Audio or Video sections
of FoxTrotDance.com. Once there, you will notice two small icons
next to each file title and description labeled “Buy Now”
and “Add to Cart”. If you want to just purchase and
download one specific file at a time then select the “Buy
Now” option. If you want to purchase and download more than
one file at a time then choose the “Add to Cart” option.
This will add each item you specify to your cart and when you
are ready you can pay for all the items in your cart with one
transaction. Once the transaction payment is complete you will
be able to download your file(s) immediately after paying for
your item using PayPal. Once you click on the "Continue to
Download" link after Payment has been processed, you will
be taken to a download page. If the order has been paid for but
has not been processed yet, or the payment is pending, then you
will receive an email with the download links as well as detailed
instructions on how to download and retrieve your purchased file(s).
We accept most major credit cards as well as Paypal, if you would
like to secure a new Paypal account you can do so now by clicking
here. All customer purchases are processed safely and securely
on FoxTrotDance using the latest SSL encryption technology.
Do
I need a high speed Internet Connection to use your service?
No, but it will make the experience easier and more enjoyable.
What
are the recommended System Requirements to use FoxTrotDance.com’s
service?
Connection: 56kbps minimum, 256kbps recommended.
Our download service is designed for use with a broadband Internet
connection; however, you may still use the service with a Dial-up
modem connection. Please note, dial-up users may have longer download
wait times than broadband users.
Player: Windows Media Player version 7 or higher,
Windows Media Player version 9 is
recommended. [ download
]
Browsers: Internet Explorer 5.0 or higher [ download
] ; Netscape 4.7 or higher [ download
]
PC: Pentium; Sound card; 56 Kbps Internet connection
(min);
Mac: OS 8.1 or later; PowerPC 603e 180MHz or
better; 32MB RAM; virtual memory turned on;
Burner: 4X CD/R/RW internal or external drive,
48X recommended.
Software: Audio CD writing software compatible
with your CD/R/RW drive.
Where
do I get the software to create audio CD’s using my computer’s
CD burner?
If
you computer came pre-installed with a CD/R/RW drive then you
should also have pre-installed software to use with the drive.
Most commonly these programs are Roxio Easy CD Creator, Toast,
or Ahead Nero. All are fine programs that will allow you to create
audio CD’s with the file(s) you purchase from FoxTrotDance.
If you need support for use with all Roxio related software products
then click
here.
If you need support for Ahead Nero software then click
here.
If you need new software for creating audio CD’s then click
here. (this page lists quite a few good
freeware programs that will allow you to create audio CD’s
with your CD/R/RW drive.)
How
do I resume interrupted downloads from FoxTrotDance?
If
a digital media file you purchase is interrupted as it is being
downloaded, it will finish downloading the next time you.
Your
download could be incomplete for one of the following reasons:
Power
Outage
Canceling before a download is complete.
Restarting or turning off the computer during a download.
Disconnecting or getting booted from the Internet while downloading.
This
could occur whether you are purchasing files separately or with
the Shopping Cart system.
If
this occurs, you will need to access your e-mail address that
you provided when paying for the digital media files you purchased.
For each digital media file you purchase from FoxTrotDance you
will be sent an e-mail containing a link and specific instructions
on where you can download the file(s) you purchased. You have
a total of 48 hours from the time of payment to retry downloading
the digital media file(s) as many times as you need. If for some
reason you are unable to download the digital media file(s) from
our servers within the 48 hour period of time you will need to
contact us (e-Mail link) and request additional time.
What
am I entitled to do with the digital files that I purchase from
FoxTrotDance?
Use of all our digital media files is outlined in our Terms
of Use
Where
are the digital media files I purchase and download from FoxTrotDance
stored on my computer?
When
you begin the download process of your purchased file(s) you will
be given the option to save the file(s) to whatever location you
specify on your computer’s hard drive.
What
if I lose the file(s) I purchased from Fox Trot Dance, can I download
them again without paying?
No,
you may only download the file(s) you purchase from FoxTrotDance
once. The only exception to this rule is if the download connection
somehow becomes broken during the initial download process. You
will have a period of 7 days to acquire the digital content in
there entirety from our servers, once you completely download
the file(s) you purchase they are your responsibility to back
up on your computer or removable media.
What
types of media file formats does FoxTrotDance offer?
Presently,
we offer audio files that have been encoded using the .wma format
and video files using the .wmv format. Both formats are for use
with Windows Media Player and can easily be used to create an
audio or backup CD.
Are
digital media file downloads from FoxTrotDance.com legal?
All
the music downloads you purchase from FoxTrotDance.com are legal,
so long as you comply with our Terms of Use, including the End
User License Agreement & Usage Rules. We only sell digital
media that has been legally licensed for sale to the general public
for personal use within the United States.
Are
digital media files from FoxTrotDance.com safe?
We ensure that all files you purchase and download from FoxTrotDance.com
are virus free and safe for your computer. Please note that FoxTrotDance.com
is not responsible for any computer issues related to your system
software, application software, or hardware.
Why
can't I find a song or music genre I'm looking for?
Sometimes, record labels, artists or other rights owners will
not release rights to a song for use or sale as a download. We
are always adding audio files that become available as downloads
to our library, so please check back often!
What does CD-quality mean?
CD-quality means that the sound quality of the music downloads
you buy are of similar quality as those you would get on a physical
CD. When you play your music or burn it to a CD, you will get
great sound quality that is similar if not equivalent to the quality
of a physical CD.
How much do
audio files cost?
$1.99 and up depending on the audio file
How
much do video files cost?
$4.99 and up depending on the video
Can
I sell the audio or video files I download from FoxTrotDance.com?
No. You may not sell any digital media files that you purchase
or acquire from FoxTrotDance. The End User License Agreement you
accept when you purchase digital media files from FoxTrotDance
outlines what you may use the file(s) for, please consult the
End User License Agreement for more information.
Can
I become an affiliate seller of FoxTrotDance’s digital media
content?
Yes, we have created an affiliate program that will allow you
to select the digital media file(s) you want to offer on your
web site and with some very easy HTML insertion add the item(s)
to your own web page. The affiliate program allows you to keep
track of all your customers’ purchases that you have generated.
We offer commission payments to all of our affiliates for every
sale they help generate. Click here(e-mail link) to become a FoxTrotDance
affiliate, start offering our content on your web site, and make
money in the process.
Can
I upload audio or video files that I purchase to a shared server?
No. The End User License Agreement you accept when you purchase
digital media files from FoxTrotDance prohibits you from making
the music you download available on a shared server, web site,
or anywhere on the Internet. For more information, please consult
the End User License Agreement.
Where
can I find the End User License Agreement that I agreed to when
I made my first purchase?
View the End User License Agreement.
Is
there a subscription fee or any other additional charges associated
with purchasing digital media files from FoxTrotDance?
No. There is no monthly subscription fee or other additional charges.
You only pay for the files you want to own, with no other fees.
Can
I send a digital media download as a gift to someone?
Yes, but not at the moment.
Can
I transfer digital media file downloads from FoxTrotDance to another
computer?
Yes, you may back up your music to as many additional computers
as you own but you must own the computers that you are transferring
or backing up the file(s) to.
What
do I need to burn audio files I downloaded onto a CD?
You need two things to burn your music to a CD:
1- An internal or external CD-RW drive that is connected to the
computer that you use to play your music.
2- A blank CD-R disc that is compatible with the write speed of
your CD-RW drive, and that is able to record audio files.
Please refer to the packaging for the blank CDs, and consult the
documentation that came with your CD-RW drive if you have questions.
How many times
can I burn an audio file onto a custom CD?
You are licensed to burn a song to a CD 10 times.
Where
can I play the audio CD’s that I burn?
When you burn an audio CD, you can play the CD on any optical
CD player that plays music (e.g., your car stereo, home audio
system, boom box, or portable CD player). Please remember that
digital media content downloads from FoxTrotDance.com are for
personal use only and not for resale, as indicated in the End
User License Agreement & Usage Rules.
What should
I do if I have trouble burning CDs?
Please open Microsoft Windows Media Player 9 on your computer.
From the Help menu, click on "Help Topics." Under the
"Contents" tab, navigate to the help topic regarding
"Creating Your Own CDs." This help section will walk
you through the steps you need to take to create audio CDs using
the Windows Media Player rather than other software installed
on your computer.
Please
note, your use of CD’s that you create are subject to the
terms outlined in the End User License
Agreement.
Using
FoxTrotDance.com
Using FoxTrotDance.com is simple. Here's
a brief introduction.
You can choose to purchase and download one file at a time or
multiple files all at once using our convenient shopping cart
system. All you need to do is navigate to the specific audio or
video file you would like to purchase on FoxTrotDance.com. Once
there, you will notice two small icons next to the file title
and description labeled “Buy Now” and “Add to
Cart”. If you want to just purchase and download one specific
file then select the “Buy Now” option. If you want
to purchase and download more than one file at a time then choose
the “Add to Cart” option. This will add each item
you specify to your cart and when you are ready you can pay for
all the items in your cart with one transaction. Once the transaction
payment is complete you will immediately receive an e-mail containing
a link to download the file(s) you purchased as well as detailed
instructions on how to download and retrieve your purchased file(s).
We accept most major credit cards as well as Paypal, if you would
like to secure a new Paypal account you can do so now by clicking
here.
Please
remember, the use of all our digital media files is subject to
our “Terms of Use”.
Fox
Trot Dance Terms of Use
Use
of this Site
By accepting these Terms of Use through
your use of the Site, you certify that you are 18 years of age
or older. If you are under the age of 18 but at least 13 years
of age you may use this Site only under the supervision of a parent
or legal guardian who agrees to be bound by these Terms of Use.
FOXTRODANCE.COM does not intentionally collect personal information
about children under the age of 13. Children under the age of
13 may not use this Site and parents or legal guardians may not
agree to these Terms of Use on their behalf. If you are a parent
or legal guardian agreeing to these Terms of Use for the benefit
of a child between the ages of 13 and 18, be advised that you
are fully responsible for his or her use of this Site, including
all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms
and conditions, do not use this Site. All billing and registration
information provided must be truthful and accurate. Providing
any untruthful or inaccurate information may constitute a breach
of these Terms of Use. By confirming your purchase at the end
of the checkout process, you agree to accept and pay for the item(s)
requested.
All materials, including images, text, illustrations, designs,
icons, photographs, programs, video clips and written and other
materials that are part of this Site (collectively, the "Contents")
are intended solely for personal use and not for resale. You may
download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only. No right, title
or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may
not reproduce (except as noted in the End User License Agreement),
publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit in any
way, in whole or in part, any of the Contents, the Site or any
related software. All software used on this Site is the property
of FOXTRODANCE.COM or its suppliers and protected by U.S. and
international copyright laws. The Contents and software on this
Site may be used only as a shopping resource. Any other use, including
the reproduction, modification, distribution, transmission, republication,
display, or performance, of the Contents on this Site is strictly
prohibited. FOXTRODANCE.COM is owned and operated by Digital Enterprises,
Ltd.
Site Security
Users are prohibited from violating or attempting
to violate the security of the Site, including, without limitation,
(a) accessing data not intended for such user or logging onto
a server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service
to any user, host or network, including, without limitation, via
means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;"
(d) sending unsolicited email, including promotions and/or advertising
of products or services; or (e) forging any TCP/IP packet header
or any part of the header information in any email or newsgroup
posting. Violations of system or network security may result in
civil or criminal liability. FOXTRODANCE.COM will investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to use
any device, software or routine to interfere or attempt to interfere
with the proper working of this Site or any activity being conducted
on this Site. You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search this Site other than
the search engine and search agents available from FOXTRODANCE.COM
on this Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
Order Acceptance
Please note that in some cases there may
be certain orders that we are unable to accept and must cancel.
We reserve the right, at our sole discretion, to refuse or cancel
any order for any reason. For your convenience, you will not be
charged until your payment method is authorized, the order information
is verified for accuracy and your order is processed. Some situations
that may result in your order being canceled include but are not
limited to, inaccuracies or errors in product or pricing information,
or problems identified by our credit and fraud avoidance department.
We will contact you if all or any portion of your order is canceled
or if additional information is required to accept your order.
If your order is canceled after your credit card has been charged,
we will issue a 100% credit back to you in the amount of the charge(s).
Quantity
Limits & Dealer Sales
FOXTRODANCE.COM reserves the right, at our
sole discretion, to limit the quantity of items purchased per
person, per household or per order. These restrictions may be
applicable to orders placed by the same customer, the same credit
card, and also to orders that use the same billing and/or shipping
address. We will provide notification to the customer should such
limits be applied.
Copyrights and Trademarks
Unless otherwise noted, all Contents are
copyrights, trademarks, trade dress and/or other intellectual
property owned, controlled or licensed by FOXTRODANCE.COM, one
of its affiliates or by third parties who have licensed their
materials to FOXTRODANCE.COM and are protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement,
and assembly) of all Contents on this site is the exclusive property
of FOXTRODANCE.COM and is also protected by U.S. and international
copyright laws.
FOXTRODANCE.COM and its suppliers and licensors expressly reserve
all intellectual property rights in all text, programs, products,
processes, technology, content and other materials which appear
on this Site. Access to this Site does not confer and shall not
be considered as conferring upon anyone any license under any
of FOXTRODANCE.COM's or any third party's intellectual property
rights.
The
FoxTrotDance names and logos and all related product and service
names, design marks and slogans are property of FOXTROTDANCE.COM
All other marks are the property of their respective companies.
No trademark or service mark license is granted in connection
with the materials contained on this Site. Access to this Site
does not authorize anyone to use any name, logo or mark in any
manner.
Fox
Trot Dance End User License Agreement
FoxTrotDance
Digital Media Downloads
Welcome
to FOXTROTDANCE.COM a digital media download service. These Terms
of Service are a legal agreement ("the Agreement") between
you and FOXTROTDANCE.COM ("FOXTROTDANCE.COM ") stating
the terms that govern your use of FOXTROTDANCE.COM digital media
downloads (the "Service"). Please read the entire Agreement
carefully. You must accept and abide by the terms of the Agreement
as presented in order to use the Service. Changes, additions,
deletions or counteroffers will not be accepted.
FOXTROTDANCE.COM
may from time to time amend, supplement or modify the terms of
this Agreement. It is your responsibility to check these Terms
of Service (available in the FAQ section or on the bottom of all
our web pages) periodically for changes. Your continued use of
the Service following the posting of changes will mean that you
accept and agree to the changes. If you do not agree to be bound
by the Agreement as amended, you must stop using the Service.
1. Terms of Use and Privacy Policy.
Your
use of the Service and purchases made through it are subject to
the provisions of this Agreement and of FOXTROTDANCE.COM's general
Terms of Use, which can be viewed by clicking here. If you have
not already read the general Terms of Use you should do so now.
The general Terms of Use are incorporated into, and made a part
of, this Agreement. By agreeing to be bound by the terms of this
Agreement, you also agree to be bound by the general Terms of
Use.
Except
as otherwise expressly provided for in this Agreement, the Service
is subject to FOXTROTDANCE.COM's Privacy Policy, which is incorporated
into and made a part of this Agreement. You may access the Privacy
Policy by clicking here. If you have not already read the Privacy
Policy, you should do so now. Although FOXTROTDANCE.COM uses commercially
reasonable efforts to protect the security of your information,
FOXTROTDANCE.COM cannot guarantee that any information sent via
the Internet will not be read or intercepted by others, even if
there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
2.
Your Information.
You agree to provide accurate, current, and complete information
required to register with the Service and at other times as may
be required in the course of using the Service ("Registration
Data"). You further agree to maintain and update your Registration
Data as required to keep it accurate, current, and complete. FOXTROTDANCE.COM
may terminate your right to use any or all of the Service if any
information you provide is false, inaccurate or incomplete as
determined by FOXTROTDANCE.COM in its sole discretion. You agree
that FOXTROTDANCE.COM may store and use the Registration Data
you provide (including credit card information) for use in providing
the Service, including but not limited to, maintaining and collecting
your accounts and billing fees to your credit card. FOXTROTDANCE.COM's
use of your Registration Data is subject to the terms of our Privacy
Policy.
3.
User Account and Service Security.
Account and Password. As a registered user
of the Service, you may receive or establish an account ("Account").
You are solely responsible for maintaining the confidentiality
and security of your Account. You should not reveal your Account
information to anyone else, and must not use, or attempt to access
or use anyone else's Account. You are entirely responsible for
all purchases and other activities that occur on or through your
Account, and you agree to immediately notify FOXTROTDANCE.COM
of any unauthorized use of your Account or any other breach of
security. FOXTROTDANCE.COM shall not be responsible for any losses
arising out of unauthorized use of your Account.
Security.
You understand that the Service, and products
purchased through the Service, such as music, images, video, artwork,
text, software and other copyrightable materials ("Products"),
include a security framework using technology that protects digital
information and imposes usage rules established by FOXTROTDANCE.COM
and its licensors ("Usage Rules"). The Usage Rules are
part of this Agreement and may be directly accessed by clicking
here. You agree that your purchase of Products constitutes your
agreement to use such Products solely in accordance with the Usage
Rules, and that any other use of the Products may result in civil
or criminal liability. FOXTROTDANCE.COM reserves the right to
modify the Usage Rules at any time. Your compliance with the Usage
Rules may be monitored by FOXTROTDANCE.COM, and FOXTROTDANCE.COM
reserves the right to enforce the Usage Rules with or without
notice to you.
4.
Technical Requirements.
Product and Service Requirements. You acknowledge
that use of Products requires other hardware and software tools
(e.g., for making copies of Products on physical media and rendering
performance of Products on authorized digital player devices),
and that such hardware and software is your sole responsibility.
Once a Product is downloaded, and you receive it, FOXTROTDANCE.COM
shall be without liability to you in the event of its loss, destruction,
or damage. Before using the Service you must first install Microsoft
Corporation's Windows Media™ Player 9 Series, or a later
higher version. You will also have to install a software program
that is used to compress and decompress ("codec") music
files. At present, the only approved codec is Microsoft Corporation's
Windows Media™ Audio version 9, or higher. FOXTROTDANCE.COM
reserves the right to change at any time, with or without prior
notice to you, the software required to download, transfer, copy
and use or limit use of the Products.
5.
Usage Rules.
You
are entitled to download, export, burn or copy Products solely
for personal, noncommercial use in accordance with the terms of
this Agreement. Any burning or exporting capabilities are solely
an accommodation to you and shall not constitute a grant or waiver
of any rights of the copyright owners in any Product or in any
content, sound recording, underlying musical composition, artwork
or other copyrightable matter embodied in any Product. No right,
title or interest in any downloaded Products or software is transferred
to you as a result of any downloading or copying or otherwise.
All rights in the Products are owned by FOXTROTDANCE.COM or its
licensors and you have only a limited, nontransferable, nonexclusive,
revocable, non-sublicensable right to use the Products for personal
use in accordance with the terms of this Agreement.
You
may not reproduce (except as noted above), publish, transmit,
distribute, display, broadcast, re-broadcast, modify, create derivative
works from, sell or participate in any sale of or exploit in any
way, in whole or in part, directly or indirectly, any of the Products,
the Service or any related software. You may not reverse engineer,
decompile, disassemble, modify or disable any copy protection
or use limitation systems associated with the Products. You may
not play and then re-digitize any Products, or upload those Products
to the Internet. You may not use the Products in conjunction with
any other third-party content (e.g, to provide sound for a film).
You may not sell or offer to sell the Products, including but
not limited to, posting any Product for auction, on any Internet
auction site. All Products are sublicensed to you and not sold,
notwithstanding the use of the terms "sell," "purchase,"
"order," or "buy" on the Service or in this
Agreement.
You
may download music to a single computer. You may then transfer
music files and backup files to up to two (2) additional personal
computers. You may play music an unlimited number of times on
up to three (3) personal computers. You shall be entitled to 1)
burn Products solely for personal, non-commercial use up to ten
(10) times and 2) export Products solely to a portable device
capable of playing Windows Media ™ Audio ("WMA")
files such as a WMA-compliant MP3 player an unlimited number of
times. FOXTROTDANCE.COM is a reseller to you and does not accept
orders from music dealers, exporters, wholesalers, any businesses
of any kind or other customers who intend to resell.
WITHOUT
LIMITING ANY PROVISION HEREIN, FOXTROTDANCE.COM MAKES NO WARRANTY
THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL
BE COMPATIBLE WITH THE SERVICE OR THAT ANY COMPACT DISC BURNED
USING THE SERVICE WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT
IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND
PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
The
delivery of a Product does not transfer to you any commercial
or promotional use rights in the Product.
Security
Technology. You acknowledge that Products contain security technology
that limits your use of Products in accordance with the Usage
Rules. The security technology is an inseparable part of the Products.
6.
Order Acceptance Policy; Other Restrictions.
All
Sales are final and all charges from those sales are nonrefundable,
except as otherwise set forth in this Agreement.
There
may be certain orders that we do not accept and/or must cancel.
FOXTROTDANCE.COM's Order Acceptance Policy is explained in our
general Terms of Use, and may be accessed by clicking here.
In
addition, the following restrictions apply to your purchase:
Age
Requirement for use of the Service. The Service is available only
for individuals who are eighteen (18) years of age. FOXTROTDANCE.COM
is relying on your representation that you are at least 18 years
of age; FOXTROTDANCE.COM would not enter this Agreement with you
and would not allow you to access the Service but for your representation
that you are at least 18 years of age. If you are under the age
of 18 but at least 13 years of age, you may use the Service only
under the supervision of a parent or legal guardian who agrees
to be bound by this Agreement. FOXTROTDANCE.COM does not intentionally
collect personal information about children under the age of 13.
Children under the age of 13 may not use the Service and parents
or legal guardians may not enter into to this Agreement on their
behalf. If you are a parent or legal guardian entering into to
this Agreement for the benefit of a child between the ages of
13 and 18, be advised that you are fully responsible for his or
her use of the Service, including all financial charges and legal
liability that he or she may incur. If you do not agree to (or
cannot comply with) any of these terms and conditions, do not
use the Service.
Territory.
Purchases from FOXTROTDANCE.COM Music Downloads are available
only in the United States and are not available in any other location.
You agree not to use or attempt to use the service from outside
of the available territory. FOXTROTDANCE.COM may use technologies
to verify your compliance. You agree to abide by United States
and other applicable export control laws and not to transfer,
by electronic transmission or otherwise, any content or software
subject to restrictions under such laws to a national destination
or person prohibited under such laws.
Use
on up to three computers. You may download music to a single computer.
You may then transfer music files and backup files to up to two
(2) additional personal computers. You may play music an unlimited
number of times on up to three (3) personal computers. You shall
be entitled to 1) burn Products solely for personal, non-commercial
use up to ten (10) times total, and 2) export Products solely
to a portable device capable of playing Windows Media ™
Audio ("WMA") files such as a WMA-compliant MP3 player
an unlimited number of times.
Download
within 90 days. You must download the Product within 90 days of
purchase. After 90 days, the Product will no longer be available
for you to download. There is no refund for Products that are
not downloaded within 90 days.
7.
Agreement to Pay.
Payment for Products. You agree to pay for all Products you purchase
through the Service, and that FOXTROTDANCE.COM is authorized to
bill your chosen payment method for any Products purchased, and
for any additional amounts (including any taxes and late fees,
as applicable) as may be accrued by or in connection with your
Account. You are responsible for the timely payment of all fees
and for providing FOXTROTDANCE.COM with a valid payment method
for payment of all fees. All fees will be billed to the payment
method you designate during the registration process. If you want
to designate a different payment method or if there is a change
in your credit or debit card status, you must change your credit
or debit card information online at the Account Info section of
the Service. (There may be a temporary disruption of your access
to the Service until FOXTROTDANCE.COM can verify the validity
of the new credit or debit card information.)
Electronic
Signatures and Contracts. Your use of the Service includes the
ability to enter into agreements and/or to make purchases electronically.
You acknowledge that your electronic submissions constitute your
agreement and intent to be bound by such agreements and to pay
for such purchases. Your agreement and intent to be bound by electronic
submissions applies to all transactions you enter into on this
Service, including notices of cancellation, policies, contracts,
and applications.
Payment
Methods. FOXTROTDANCE.COM Music Downloads currently only accepts
credit, debit cards, and Paypal as a form of payment. At the time
your order is placed, FOXTROTDANCE.COM obtains a pre-approval
from the credit card or payment processing company for the amount
of the order. Your credit or debit card will be billed when the
payment is authorized. For purposes of the Service, an order will
be deemed "authorized when the link for the Product or file
download is presented to you . We are unable to accept credit
or debit cards issued by banks outside of the United States. Debit
cards and check cards have daily spending limits that may prevent
the processing of your order. If a purchase has been declined
online due to credit or debit card issues, please ensure all data
is correct and resubmit. If the transaction is not accepted online,
you will be unable to use that card for your purchase and should
use another credit or debit card.
Sales
Tax. FOXTROTDANCE.COM Digital Media Download purchases will include
any applicable sales tax based on the bill-to address and the
sales tax rate in effect at the time of purchase. If the sales
tax rate for the billing address changes before the Product is
purchased, the new tax rate in effect at the time of purchase
will apply. We will only charge tax in states and localities where
music downloads are taxable. No customers are eligible for tax
exemptions for purchases made on FOXTROTDANCE.COM Music Downloads.
Prices.
FOXTROTDANCE.COM reserves the right to change prices for Products
offered at FOXTROTDANCE.COM Digital Media Downloads at any time.
Customer
Service. For assistance with billing questions or other order
inquiries, please refer to our FAQ page by clicking here. If you
cannot find the answers you are seeking, you can contact us via
telephone at 1-212-592-3173 9-5 EST Monday through Friday, or
via email at admin@foxtrotdance.com
8.
Delivery of Product/File(s).
FOXTROTDANCE.COM makes every effort to provide
a broad content offering. For this reason, FOXTROTDANCE.COM reserves
the right to change content options without notice.
On
occasion, technical and other problems may delay or prevent delivery
of your Product/File. Your exclusive and sole remedy with respect
to Product/File that is not delivered within a reasonable period
will be either replacement of such Product/File, or refund of
the purchase price paid for such Product/File, as determined by
FOXTROTDANCE.COM.
9.
Intellectual Property.
Acknowledgement of Ownership. You agree
that the Service, including without limitation all software, technology,
web sites, text, graphics, user interfaces, visual interfaces,
photographs, trademarks, trade dress, logos, sounds, music, artwork,
compilation of content, postings, links to other Internet resources,
and computer code comprising, incorporated in, appearing on, or
used by the Service, together with the design, structure, selection,
coordination, expression, look and feel, and arrangement of all
such elements of the Service, are owned by FOXTROTDANCE.COM and/or
its licensors, and are protected by applicable intellectual property
and other laws, including but not limited to copyright, and that
you will not use the Service or any element thereof in any way
whatsoever except in strict compliance with the terms of this
Agreement. No portion of the Service or any element thereof may
be reproduced in any form or by any means. You agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works
based on the Service or any element thereof, in any manner, and
you shall not use the Service or any element thereof to trespass
or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED
BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT
YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY
DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Trademarks.
FOXTROTDANCE.COM, and other FOXTROTDANCE.COM trademarks, service
marks, graphics, and logos used in connection with the Service
are trademarks or registered trademarks of FOXTROTDANCE.COM in
the U.S. and/or other countries. Other trademarks, service marks,
graphics, and logos used in connection with the Service are the
trademarks of their respective owners. You are granted no right
or license with respect to any of the aforesaid trademarks and
any use of such trademarks.
10.
Termination.
FOXTROTDANCE.COM, in its sole discretion,
reserves the right to modify, suspend or discontinue the Service
at any time and in any way, in whole or in part, with or without
notice, and with no liability to you, including without limitation
with respect to Products, content or other materials comprising
a part of the Service. FOXTROTDANCE.COM will not be liable for
the removal of or disabling of access to any Products, content
or other materials under this Agreement. FOXTROTDANCE.COM further
reserves the right, in its sole discretion, to terminate this
Agreement with you and/or your use of the Service (or any part
thereof) at any time, with our without notice, for any or no reason.
In particular, if you fail, or FOXTROTDANCE.COM suspects that
you have failed, to comply with any of the provisions of this
Agreement, including but not limited to failure to make payment
of fees due, failure to provide FOXTROTDANCE.COM with a valid
credit card or with accurate and complete Registration Data, failure
to safeguard your Account information, or violation of the Usage
Rules, FOXTROTDANCE.COM, at its sole discretion, without notice
to you may: (i) terminate this Agreement and/or your Account,
and you will remain liable for all amounts due under your Account
up to and including the date of termination; and/or (ii) preclude
access to the Service (or any part thereof).
Survival.
The provisions of Sections 7, 9, 10, 12, 13, 14, 15, 17 and 18
will survive termination of this Agreement.
11.
General Compliance with Laws.
The Service is controlled and operated by
FOXTROTDANCE.COM from its offices in the United States. You agree
to comply with all local, state, federal, and national laws, statutes,
ordinances, and regulations that apply to your use of the Service.
12.
Enforcement of These Terms of Service.
FOXTROTDANCE.COM reserves the right to takes
steps FOXTROTDANCE.COM believes are reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this Agreement
(including but not limited to FOXTROTDANCE.COM's right to cooperate
with any legal process relating to your use of the Service and/or
Products, and/or a third party claim that your use of the Service
and/or Products is unlawful and/or infringes such third party's
rights). You agree that FOXTROTDANCE.COM has the right, without
liability to you, to disclose any Registration Data and/or Account
information to law enforcement authorities, government officials,
and/or a third party, as FOXTROTDANCE.COM believes is reasonably
necessary or appropriate to enforce and/or verify compliance with
any part of this Agreement (including but not limited to FOXTROTDANCE.COM's
right to cooperate with any legal process relating to your use
of the Service and/or Products, and/or a third party claim that
your use of the Service and/or Products is unlawful and/or infringes
such third party's rights).
13.
No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services
available via the Service may include materials from third parties.
In addition, FOXTROTDANCE.COM may provide links to certain third-party
web sites. You acknowledge and agree that FOXTROTDANCE.COM is
not responsible for examining or evaluating the content or accuracy
of any such third-party material or web sites. FOXTROTDANCE.COM
does not warrant or endorse and does not assume and will not have
any liability or responsibility for any third-party materials
or web sites, or for any other materials, products, or services
of third parties. Links to other web sites are provided solely
as a convenience to you. If you decide to link to any such third-party
web sites, you do so entirely at your own risk.
14.
Disclaimer of Warranties; Limitation of Liability.
FOXTROTDANCE.COM DOES NOT GUARANTEE, REPRESENT,
OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FOXTROTDANCE.COM
MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL
THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. FOXTROTDANCE.COM
DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE
FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING,
OR OTHER SECURITY INTRUSION, AND FOXTROTDANCE.COM DISCLAIMS ANY
LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP
YOUR OWN SYSTEM.
YOU
EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES
DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER
IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FOXTROTDANCE.COM
OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT
LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY
OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF FOXTROTDANCE.COM HAS BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
FOXTROTDANCE.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER
OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH
THE CLAIM AROSE OR (2) $10.
YOU
ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT
YOUR SOLE RISK, AND FOXTROTDANCE.COM HEREBY DISCLAIMS ANY AND
ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH
INFORMATION IN ANY WAY.
FOXTROTDANCE.COM
MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER
DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE
OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING
THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY
TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND
SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SERVICE.
15.
Waiver and Indemnity.
By using the Service, you agree to indemnify
and hold FOXTROTDANCE.COM, its directors, officers, employees,
affiliates, agents, contractors, and licensors harmless with respect
to any claims arising out of your breach of this Agreement, your
use of the Service, or any action taken by FOXTROTDANCE.COM as
part of its investigation of a suspected violation of this Agreement
or as a result of its finding or decision that a violation of
this Agreement has occurred. You cannot sue or recover any damages
from FOXTROTDANCE.COM, its directors, officers, employees, affiliates,
agents, contractors, and licensors as a result of its decision
to remove or refuse to process any information, Product, or content,
to warn you, to suspend or terminate your access to the Service,
or to take any other action during the investigation of a suspected
violation or as a result of FOXTROTDANCE.COM'S conclusion that
a violation of this Agreement has occurred.
16.
Changes.
FOXTROTDANCE.COM reserves the right, at
any time and from time to time, to update, revise, supplement,
and otherwise modify this Agreement and to impose new or additional
rules, policies, terms, or conditions on your use of the Service.
Such updates, revisions, supplements, modifications, and additional
rules, policies, terms, and conditions (collectively referred
to in this Agreement as "Additional Terms") will be
effective immediately and incorporated into this Agreement. Your
continued use of the Service following the posting of changes
will mean that you accept and agree to the Additional Terms. All
Additional Terms are hereby incorporated into this Agreement by
this reference.
17.
Governing Law; Remedies.
The
laws of the State of Ohio, excluding its conflicts of law rules,
govern these Terms and your use of the Service. Your use of the
Service may also be subject to other local, state, national, or
international laws. You expressly agree that exclusive jurisdiction
for any claim or dispute with FOXTROTDANCE.COM or relating in
any way to your use of the Service resides in the courts of the
State of Ohio.
You
understand and agree that any unauthorized use of the Service
(including all elements thereof), the Products, or any related
software or materials, would result in irreparable injury to FOXTROTDANCE.COM
and/or its affiliates or licensors for which money damages would
be inadequate, and in such event FOXTROTDANCE.COM, its affiliates
and/or licensors, as applicable, shall have the right, in addition
to other remedies available at law and in equity, to immediate
injunctive relief against you. Nothing contained in this paragraph
or elsewhere in this Agreement shall be construed to limit remedies
or relief available pursuant to statutory or other claims that
FOXTROTDANCE.COM, its affiliates and/or licensors may have under
separate legal authority, including but not limited to, any claim
for intellectual property infringement.
18.
Miscellaneous.
This Agreement, together with the Terms
of Use and Privacy Policy for the FOXTROTDANCE.COM website, constitutes
the entire agreement between you and FOXTROTDANCE.COM regarding
the Service and governs your use of the Service, superseding any
prior agreements between you and FOXTROTDANCE.COM relating to
the Service. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content,
or third-party software. If any part of this Agreement is held
invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect. FOXTROTDANCE.COM's
failure to enforce any right or provisions in this Agreement will
not constitute a waiver of such provision, or any other provision
of this Agreement. FOXTROTDANCE.COM will not be responsible for
failures to fulfill any obligations due to causes beyond its control.
FOXTROTDANCE.COM obtains permission from record companies and
other content owners to make their musical and other content available
to you through the Service. You agree that the content owners
that license their musical and other content to FOXTROTDANCE.COM
for the Service are intended third-party beneficiaries under this
Agreement with the right to enforce the provisions of this Agreement
that directly concern their content.