Intercept Music, Inc. End User License Agreement (EULA)
This Agreement governs the terms and conditions under which you (either an individual or entity) may use the proprietary software application Intercept Music (the "Software") provided by Intercept Music, Inc. ("Intercept Music," "we," "us," or "our").
PLEASE READ CAREFULLY.
By using the Intercept Music Software, services, or website, whether on a trial or paid basis, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the "Intercept Music, Inc. Terms and Conditions for Websites and Services Use Agreement" (the "Terms and Conditions Agreement"). Together, these agreements govern your rights and obligations when using the Intercept Music Software and Services.
- You affirm that you are at least 18 years old or the age of majority in your jurisdiction.
- If you do not agree to these terms, you may not use the Software or Services.
1. Enrollment and Use of Services
1.1 Service Offerings: Intercept Music offers various subscription-based services, (collectively, "Services"). Service offerings may be modified, discontinued, or added at our sole discretion.
1.2 User Representations: By subscribing to or accessing any Service, you represent and warrant that:
- You are authorized to use the credit card or payment method submitted for payment.
- If you are a parent or guardian paying on behalf of a minor, you accept full responsibility for their compliance with this Agreement and for any charges incurred by their use of the Services.
1.3 Data Privacy Compliance for CA Residents: All personal data provided to us will be handled in compliance with the California Consumer Privacy Act (CCPA). For more details, refer to our Privacy Policy.
1.4 Data Privacy Compliance for DE Residents: All personal data provided to us will be handled in compliance with the Delaware Online Privacy and Protection Act (DOPPA). For more details, refer to our Privacy Policy.
2. Fees, Payments, and Automatic Renewal
2.1 Initial Payment: Fees for subscriptions or Services are charged upfront upon registration or purchase.
2.2 Automatic Renewal: Subscriptions automatically renew at the end of the subscription term unless canceled.
- For California residents, we provide clear renewal notices and instructions for cancellation as required by law.
2.3 Billing Date: Renewal fees are charged on the corresponding billing date of your subscription cycle.
2.4 Early Termination: Early termination fees may apply, as disclosed during registration.
2.5 Refunds: All fees paid are nonrefundable, except where required by applicable law.
2.6 Changes to Fees: We reserve the right to adjust fees and billing terms with at least 30 days' written notice.
- If you disagree with the changes, you may cancel your subscription before the changes take effect without penalty.
- Continued use of the Services after the notice period constitutes acceptance of the updated fees.
3. Termination
3.1 Termination by You: You may cancel your subscription at any time, notwithstanding anything to the contrary to this agreement, in our privacy policy, in our terms and conditions agreement, and any and all addendum thereto, by:
- Accessing your account dashboard and following the cancellation instructions, or
- Contacting customer support via support@interceptmusic.com.
3.2 Termination by Us: We reserve the right to terminate or suspend your account for:
- Violations of this Agreement or the Terms and Conditions Agreement.
- Nonpayment of fees.
- Inactivity or inability to contact you using the information provided.
3.3 Effects of Termination: Upon termination:
- Access to the Software and Services will immediately cease.
- Any royalties or amounts due to you will be paid within 90 days, provided the balance exceeds $10.
- Royalties may be forfeited for unresolved copyright claims or balances under $10.
4. Modification of Terms via Addendum
Intercept Music reserves the right to modify this Agreement at any time. Material changes will be communicated via:
- Email notification to the registered email address on file, and/or
- A "Change of Terms" notice posted on our website or within the Software.
For optional or supplemental Services, this Agreement may be modified or supplemented by separate addenda, which must be acknowledged and agreed to.
5. Intellectual Property and License
5.1 Ownership: All rights, title, and interest in the Software, Services, and related intellectual property remain with Intercept Music or its licensors.
5.2 License: You are granted a non-exclusive, non-transferable license for personal use only.
5.3 Prohibited Use: Unauthorized sharing, resale, or commercial exploitation of the Software or Services is strictly prohibited.
5.4 Infringement Notification: You must promptly notify Intercept Music of any suspected unauthorized use or infringement of our intellectual property.
6. Limitation of Liability and Disclaimer
6.1 No Warranty: The Software and Services are provided "AS IS" without warranties of any kind, express or implied, including but not limited to merchantability or fitness for a particular purpose.
6.2 Limitation of Liability: To the maximum extent permitted by law:
- Intercept Music shall not be liable for indirect, incidental, consequential, or punitive damages.
- Our total liability for claims arising out of or relating to this Agreement shall not exceed the amount paid by you to Intercept Music in the 12 months preceding the claim.
7. Data Privacy and Consumer Rights
Intercept Music does not sell any personal data. Intercept Music complies with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and the Delaware Online Privacy and Protection Act (DOPPA).
You have the following rights:
- Access: Request access to your personal data.
- Deletion: Request deletion of your personal data.
8. Governing Law and Dispute Resolution
8.1 Governing Law: This Agreement is governed by the laws of the State of California without regard to its conflict of law principles.
8.2 Dispute Resolution: All disputes arising out of or relating to this Agreement shall be resolved through binding arbitration conducted under the rules of the American Arbitration Association (AAA).
- By agreeing to arbitration, you waive the right to participate in a class action or jury trial.
8.3 Exceptions: Claims for injunctive relief or intellectual property infringement may be brought in courts located in San Francisco, California.
9. Optional Services and Addenda
Intercept Music may offer additional or optional services, such as:
- Customized digital advertising.
- Placement of physical merchandise in retail stores.
10. General Provisions
10.1 Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.2 Entire Agreement: This Agreement constitutes the entire agreement between you and Intercept Music, superseding all prior agreements.
10.3 Assignment: You may not assign or transfer this Agreement without our prior written consent.
Intercept Music is a trademark of Intercept Music, Inc. For any questions regarding this Agreement, please contact us at support@interceptmusic.com.