Terms & Conditions

Careful Reading is advised

This document represents a legal agreement between you (user) and the music store MP3 Orion situated at http://mp3orion.com/ and/or its respective filial (further referred to as «Site»), which represents the property of MP3Orion LLC., supplying music in order to perform digital downloading (further referred to as «Service») presenting general terms, which will govern your usage of MP3 Orion music store. Hereby you have to accept the terms and follow the rules and regulations, which are being provided. The MP3Orion LLC. preserves the main right to alter, add, as well as remove certain parts of present agreement at any time needed. Be aware that it is your personal responsibility to check this Agreement every time before you start using this website. Hereby your subsequent usage of this website automatically indicates that you accept any of types of changes. BY USING THIS SITE YOU AUTOMATICALLY CONFIRM THAT YOU ARE AGREE WITH THE TERMS OF THIS WEBSITE. HEREBY IN CASE IF YOU DO NOT AGREE WITH THESE RULES, THEN THE USAGE OF THIS SERVICE IS PROHIBITED.

1. Service description.

All content being provided to you by the Site is intended for only your personal use only and hereby you accept the rule of noncommercial usage of the content. Hereby be aware of your personal responsibility for any types of hardware, as well as systems or software programs you may use and any respective fees and also expenses, which you might incur for (1) connection to, browsing or usage of Internet and/or (2) getting an access to those websites where this Service is being offered, and/or (3) process of browsing, streaming, as well as downloading and playing back and also burning or transferring certain Tracks or Materials obtained with the help of the Service. Be also aware that the Service does not represent any part of any types of other offerings as well as products, for example, purchase or obtainment of any other types of product and hereby does not take the responsibility to guarantee or provide you an access to those services. You may also need to install certain software programs, which are necessary to use all possible opportunities in the whole specter, which is being offered by the Site and not ordered on it.

2. Registration Data & Accounts information.

In order to be able to use the Service you have to register and provide certain type of information to the Site (“Data of Registration”), for example ((user) name, as well as your password and email address, which is valid). These operations are being done in order to create an Account, which is called «My Account.» So you have to know that you agree to provide complete, contemporary and precise Registration Data during the registration and you will surely update your Registration Data with the necessary information in order to keep it new, full and precise. You are also allowed to create one account only and use it for your personal use only! The creation of multiple accounts is strictly prohibited and will be punished by administration of the Site.

3. Information about the Security of Account.

Be aware that you hold a sole responsibility for maintenance of your account's confidentiality, safety and also security. You have to agree to inform immediately the Site immediately in case of unauthorized use of your private password as well as your account. Site shall not take the responsibility for any types of losses, which might appear as a result of unauthorized usage of your private Registration Data and account data. So you should accept the agreement to hold your account in a harmless way and to indemnify the Site, as well as its partners or parents, subsidiaries or agents, filial branches or licensors in case of any improper, unauthorized and illegal usage of the aforesaid. Do not try to get an unauthorized access to this Site. In case if you do so or use the assistance of others in process of implementing such illegal attempts, or distributing software and/or tools for this purpose, then the administration of the Site will instantly terminate your personal Account.

4. Agreement to our contact with You through E-Mail.

By creating an Account at the Site and purchasing any Service or goods through our Site, you automatically give the permission for our Site to contact you with the help of your e-mail address.

5. Information about Objectionable Material.

While using the service, you should understand that you might accidentally or unintentionally get the Content that might be considered objectionable or indecent, as well as offensive, while this particular content was or was not identified as a content, which has explicit language. Hereby you agree to use this particular or doubtful Service at your personal risk and hereby the Site shall not have any obligation to you for the content, which might be considered as objectionable or indecent, or/and offensive.

USAGE OF CONTENT, AS WELL AS SERVICE AND SOFTWARE, TRACKS, AND MATERIALS. All rights are not expressly given to you in this part of Agreement and are reserved to Site and/or its personal licensors.

6. Content Information.

All downloaded music content, as well as downloaded samples, and all other software, as well as artworks and graphics, videos and text, interfaces and Trademarks, logotypes and images, photographs and any other particular elements and parts of the Site (further collectively called Content), including the layout and election, organization and coordination of such type of Content, which is available on the particular website is the property the Site and is licensed to it. It is protected by the trademark, as well trade dress, copyright and also other laws of intellectual property rights. No Content can be transmitted or translated, as well as publicly displayed or uploaded, published and/or recorded and also retransmitted, as well as rented or sold, distributed or digitized, reproduced, marketed or altered to make new works compiled in any way to any other computer or/and website, or other type of medium for any type commercial or personal commercial purpose is PROHIBITED without the former written copy of agreement of the Site for exception of those, which are provided in this particular Agreement.

7. Rules and Regulations of Content Usage.

THE SITE PRESERVES THE RIGHT TO URGE THE RULES OF CONTENT USAGE WITH OR WITHOUT YOUR NOTIFICATION. Your personal usage as well as access to any Track(s) will be automatically limited according to the appointed to the Track(s) by the Site (further called as «Content Usage Rules») and described within this particular section.

Music samples are offered to you for free. So hereby you may play as many music Samples as you wish. You are prohibited to attempt or support attempts of others to copy, as well as download or capture music Samples.

A «Download» option provides you the possibility for you to (a) transfer to your compatible portable device, (b) save to your personal hard drive with the availability of unlimited playback time, (c) burn to a CD/DVD the purchased Track or other types of Purchased Digital Materials. The Site shall not have any obligations to you for damaged, as well as lost or terminated Downloads. Any type security technology that is being provided to you with the help of Download option is an inseparable part of the Download option itself. The capability of the Download option does not operate for limitation of any rights of the owners of copyright license in sense of Tracks and/or Material or any works connected to them.

The Download option is authorized to you for noncommercial and personal use ONLY!

8. Prohibited Usage of Digital Downloads.

You cannot decompile or disassemble, modify or disable any of the copyright protected material. You also cannot use limitation systems, which are associated directly with the Downloads option. You are also prohibited to play and then re-digitize any of the Downloads. You are also prohibited to create any types of «derivative works» by changing any of the Content. You cannot use the Downloads together with any types of other content of the third-party (for example, to supply a film with sound). YOU ARE PROHIBITED TO UPLOAD DOWNLOADS TO INTERNET. MOREOVER FILE SHARING WITH THE HELP OF PEER-2-PEER IS STRICTLY PROHIBITED. Any other types of Downloads file sharing or transfer through the network to other devices for such type of purposes is strictly prohibited as well!

9. Process of Site's Loss of Rights.

The Site can at any time lose its right to put certain Tracks and/or other Materials to availability. If such case occurs, then you will no longer have an access to those Tracks and/or Materials from the Site's Library or will not be able to obtain them from the catalogue of the Site.

Charges / Billing Information

10. Agreement to Pay information.

You agree to pay for the Service, which is being provided to you by the Site. You also agree with the prepaid payment system used on the Site. Hereby you are fully responsible for any charges of your account that have been incurred by any person or individual through your private account, and besides that you hold a sole responsibility for security and confidentiality of your Account.

11. Sales performed to End Users Only.

The Site sells its products to end user customers only. Hereby the sale with an intention to resell is not possible to any music dealers, exporters, wholesalers, or any other types of businesses.

12. Site's Right of Refusal Information.

Site preserves the general right to refuse its Service or sale of its Products for any possible reason, to any End User.

13. Site's Right to Change its Prices and Product Availability.

Prices and Product Availability (for example, Tracks and other Materials), which is being offered with the help of the Site's Service are able to be changed at any time. Hereby the Site does not provide any price protection or any refunds in case of a sudden price drop as well as promotional offering.

14. Refunds Information.

If you are not satisfied with the quality of Site's services, you may also request a certain refund. It will be discussed and considered by the administration of the Site. In such case you should send the application form to refund email address: sales@mp3orion.com with provision of detailed explanation of your reason why this particular refund has to be given to you. Refunds can be done in one of the following cases: corrupted content on our web site; double and/or accidental deposition; unauthorized payments.

Be aware that after the refund your personal account will be blocked. In the future you will not have a chance to register at MP3 Orion web site. You will never be able to use our services again.

NOTE: The refund will not be processed by the Site if your deposit has been done more than 45 days ago and if you purchased 1 song or album ONLY!

15. Taxes Information.

All taxes are included in the price of song or album. We don't have any extra fees added. Hereby you pay for the purchased music ONLY.

16. Types of Payment and Credit Card Terms and Information.

The Site currently can accept payment being done with the help of Master Card and Visa credit cards. Our Site does not accept any cash, as well as money orders and checks. Site preserves the general right to change the policy at any period of time. Hereby you agree to pay off all the fees and also charges, which are associated with your personal purchase(s), (any types of applicable taxes are included). You and not the Site carry the responsibility for any types unauthorized payments made through your personal credit card to a third party. As a cardholder, you have to understand and undertake all the rules of card usage. Hereby you have to refer to the agreement between you and the third party in order to identify your private rights as well as liabilities as an official cardholder.

Other Features, Information and Terms

17. Restrictions Information.

You are prohibited to use the Service (or any particular part of it) to upload or post, as well as transmit and display, perform and make available any of messages, materials and content: (1) which are illegal, indecent, menacing, represent the spam, defamatory, or also an invasion of your privacy; (2) violate (intentionally as well as unintentionally) a contractual and confidentiality or duty that you have to any of the third parties; (3) that constitute commercial solicitation or political campaigning as well as those, which may contain software viruses or other designed computer code , which is intended to damage the functionality of your computer system or performance; (4) that violate the third-party's rights or hold the harm. In addition, you are prohibited to use an email address, which is actually false or confuse other members and users with your false identity.

18. Site's Rights Information.

By posting various messages and any other type of input data you automatically agree that the Site can copy, adapt or transmit, as well as publicly perform or display any of such content in order to provide as well as promote its Service. It may also be done in order to answer to any of legal requirements, as well as claims and threats. Hereby by signing the agreement you automatically certify that you take the responsibility to own and control all the respective rights to the respective content, as well as material and messages. You have to make sure that the messages that you provide or post do not violate any of third-party's rules or rights and hereby will not cause any type of damage to any person as well as entity You also agree that any sort of loss or possible damage of any type, which might happen as a result of usage of any your messages, as well as content and material, which have been presented by you is under your sol responsibility.

19. Privacy Information.

Site's Privacy Policy can be referred to in case of need in additional information related to usage of the Site related to the Service.

20. Copyrights Information.

All copyrights of the particular Service together with the Site music store (inclusive of contents and postings, links to other resources of the Internet and particular descriptions of these resources) are under the private property of their respective owners. Hereby the usage of any portion of the service is prohibited and refers to civil and also criminal penalties, for exception usage the services which are being permitted in this Agreement.

The right to supply the content and materials in the Internet by the MP3 Orion is directly authorized by the following license #2/65M-42. It is being provided by the Rightholders Federation for Collective Copyright Management of Works Used Interactively (NP «FAIR») and is being issued for MP3Orion LLC.. All the provided material and content is intended solely for personal use ONLY. Any types of distribution, as well as resale and broadcasting are prohibited.

21. Trademarks Information.

All trademarks, as well as available service marks and trade names or logos, slogans and other identifications of Site's origin, which can be related to the Site's Service, are under the sole property of Site as well as its filial branches, licensees and licensors. Hereby you are prohibited to copy, as well display or use any of the aforesaid marks and signs without written prior permission of the general owner of this particular mark.

22. Intellectual Property Rights Violation.

If our Site gets a notification about the fact that you have been occupied with affairs, which directly violate the intellectual property rights of the other Site's users, then the Site has the full right to suspend and even terminate your personal account without any personal notification to you. In this case the Site shall not have any liabilities to you.

23. Enforcement of These Conditions and Terms.

Site preserves its right to enlist and implement any measures that Site believes to be reasonable and necessary to be enforced or verified with any part of the present Agreement. It also includes the Site's right to cooperate with any available legal processes, which are related to your personal usage of the Site's Services as well as Products as well as for those cases when the third party claims that your usage of the Service is being unlawful and/or violates the rights of that respective third party. Hereby you agree that Site has the general right, without notification of liability to you, to expose any Registration Data of your personal Account information to respective law authorities, as well as government officials and also to the third party. It has been concluded so because the Site believes that it is appropriate to enforce and verify the particular accordance with any portion of this Agreement. It also includes the right of the Site to cooperate with any of legal processes, which are related to your personal use of the Site's Services as well as Site's Products. It also includes the claims of a third party that your private use of the Services as well as Products is being unlawful or violates certain rights or regulations of this third party.

24. Indemnity Information.

By using the Services provided by this Site you automatically agree to keep the Site and its agents, as well as its employees and directors harmless. This rule also covers Site's contractors and representatives, as well as licensors and affiliates, parents and subsidiaries This term includes any possible claims and losses, as well as demands and causes of action and/or judgments, which might have arisen from your fault in accordance to the Agreement of this Site. You will be obligated to reimburse the cost of the Service, the Tracks, the Materials, and Content and any losses and costs or expenses they might incur.

25. Termination Information.

1. If you as a user fail, or Site starts suspecting that you have failed, to follow any of this Agreement's parts, then the Site without notification to you may: (a) totally terminate this Agreement as well as your Account, and leave you liable for all the amounts related to your Account, which might also include the date of termination; and/or (b) close the access to the Service (or any part of it). It may occur if you fail to make timely payment of fees, in case if you fail to provide the Site with your valid information of your credit card or in case if you fail to perform correct and precise Registration Data. Moreover the termination applies in case if you fail to protect your personal Account information and violate the Usage Rules as well as any license of the software.
2. Site can also, at its own discretion, terminate, modify or even discontinue the Service at any moment of time with and even without notification to you. Moreover the Site will not be obligated neither to you nor to any third party.

26. Disclaimers Information.

1. The Site does not guarantee or represent that your use of its Services will be absolutely uninterrupted or failure-free, and hereby you agree that you don't have any obligations against some actions of the Site, such as removal of the certain Service for unidentified periods of time, or even cancel the service at any period of time. The Site preserves the right to do so with or without notification to you.
2. Site doesn't give any warranties that any certain CD burner or portable device will be absolutely compatible with the Site's Service or any Site's Content.
3. Any Site entity can be liable at any time under no circumstance for any type of unauthorized usage of the Site's Service or Site's Content.
4. Any Site's entity can be liable under no circumstances to you for any consequential or special damages (including damages in the result of business profits, as well as interruption of the business and loss of any business information) that might become the result of the inability to use the Site's Products, as well as its Services and Content.
5. This Site can have various links to other third-party Web sites (further called as «Linked Sites»). Be aware that these Linked Sites are provided as a mean of convenience for our visitors and users. Keep in mind that these Linked Sites are not under MP3 Orion's control, and MP3 Orion does not hold any responsibility for that and does not certify the possible content of such Linked Sites, including any type of information as well as materials, which are being contained in this Linked Sites. So you should keep in mind that you keep your own and independent judgment about your personal interaction with such Linked Sites.

MP3 ORION DOES NOT CERTIFY THAT THE SITE OR ANY OF IT'S CONTENT, SERVICES OR FEATURES OF THIS SITE WILL CONSTANTLY BE FAILURE-FREE OR TOTALLU UNINTERRUPTED. BESIDES THAT, SITE DOES NOT CERTIFY THAT ANY POSSIBLE DEFECTS WILL BE ABSOLUTELY CORRECTED, OR THAT YOUR PERSONAL USAGE OF THIS SITE WILL PROVIDE ALL SPECIFIC RESULTS. THE SITE AND SITE'S CONTENT ARE BEING DELIVERED TO YOU ON AN «AS-AVAILABLE» AND «AS-IS» BASIS. ALL INFORMATION BEING PROVIDED AT THIS SITE IS POSSIBLE TO BE CHANGED WITHOUT ANY NOTICE. MP3 ORION REJECTS FROM ALL WARRANTIES OCCURED, INCLUDING ALL THE WARRANTIES OF ACCURACY, NON-VIOLATION, MERCHANTABILITY AND OTHERS FOR ANY OF PARTICULAR PURPOSES. MP3 ORION. HEREBY YOU ACCEPT THE TOTAL RESPONSIBILITY FOR YOUR PERSONAL USAGE OF THIS SITE AND ALL THE LINKED TO IT SITES. YOUR DISSATISFACTION WITH MP3 ORION SITE OR ANY CONTENT CAN BE FINISHED BY STOPPING USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION USER'S RELIEF IS A PART OF THE CONTRACT BETWEEN THE PARTIES.

The aforesaid disclaimer is being applied to any types of damages, liability as well as injuries, which have been caused by any sort of failure of performance, omission, error, as well as interruption and deletion, defect and delay in operation of the computer or transmission of the information. Theft and destruction of or unauthorized access to or alteration of contract is also included in the list.

MP3 Orion preserves the right to perform any of the following actions, at any time, without certain notifications: (a) to modify, as well as suspend or even terminate the operation of the Site and access to it, for any possible reason; (b) to change the Site content, or any portion of it, as well as any policies or terms related to it; and (c) to interrupt the overall operation of the Site, and even any portion of it for the purposes of performing any possible routine and non-routine maintenance actions, as well as correction of errors and other possible changes.