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Terms and Conditions of Use on OnKeySongs.com Website

By using this website you agree to abide by the terms of the following agreement. If you do not agree to the following terms, do not use the Site. Terms of Use:

1. Use of Any Downloaded Music or Other Content
U.S. and Canadian copyright law and international treaties protect any music or other content, which IVL Audio Inc makes available for downloading from this Site. Use of any music or other downloaded content is subject to these Terms of Use. Use of this Site and/or the downloading of any music or content from this Site, shall be deemed acceptance of these Terms of Use. IVL Audio Inc reserves the right to change these Terms of Use at any time by posting changes online. Your non-termination or continued use of the Site or downloading of music or content after changes are posted constitutes your acceptance of these Terms of Use as modified by the posted changes.

Audio files downloaded from this Site are NFR (Not for Resale) copies and cannot be resold nor may ownership be transferred.

Users of this Site agree not to attempt to break, crack or otherwise decipher the song encryption technology used to encode and decode audio files.

2. Use of Any Materials Contained on the Site
All text, graphics, photos, and other materials and information (Materials) contained in this Site, are protected by U.S. and Canadian copyright law and international treaties. You may access and use these Materials solely to locate music and other content and services made available by IVL Audio Inc. Any other use, including the reproduction, republication, use on another web site or networked computer environment, modification, posting, public performance, public display, transmission, or distribution of the Materials is strictly prohibited. The Materials included on this Site have been compiled by IVL Audio Inc from a variety of sources, and are subject to change without notice.

3. Payment Options
At this time, this Site only accepts Visa and MasterCard as payment options.

4. Pricing Policy
Prices on this Site are based on US Dollars. The price shown on the final purchase page, where users enter credit card information, represents the exact amount to be charged to a user’s credit card. Song packages are offered at a predetermined discounted price, and will not be further discounted or otherwise adjusted regardless of whether a user already owns some or all of the songs in that package. Electronics and accessories are priced in such a manner that the price presented to a user will not increase during the course of a single active session / visit to the Site.

5. Shipping Policy
IVL Audio Inc can ship to locations within the U.S. and Canada. We are unable to ship to U.S. protectorates, prisons & penitentiaries, P.O. Boxes, and international locations. All shipments, unless otherwise stated, will ship via USPS for U.S. destinations and Canada Post for Canadian destinations. USPS and Canada Post tracking numbers are available upon request by contacting us at webcases@ivl.com. We cannot affix any special labels on packages. Reasonable effort will be made by IVL Audio Inc to ensure that deliverable merchandise is shipped as quickly as possible.

6. Returns and Warranty Policy
Please read this warranty carefully. IVL Audio Inc warrants its products to be free from manufacturing defects including original parts and workmanship for a period of ninety (90) days from the date of original purchase in, and if used in, the United States or Canada. Should you find your product is not operating properly, you may contact us at webcases@ivl.com for assistance, troubleshooting, and when appropriate, shipping address and tracking information.

Audio Files
IVL Audio Inc does not generally offer refunds for audio files. Audio samples on our site allow users to preview songs prior to purchase to ensure users receive the songs they want. In the rare case where a credit card holder did not authorize a purchase, you may contact us at webcases@ivl.com. IVL Audio Inc will at its sole discretion determine whether to approve, decline or credit a refund. If a refund is approved, the user will be asked to sign and return a Letter of Destruction, and remove the song files from their karaoke player.

Defective Electronics and Accessories
All electronics and accessories (Merchandise) sold on this Site are guaranteed to be free of manufacturer's defects at the time of shipping. Users who receive Merchandise from our Site, which is determined by IVL Audio Inc to be defective, can exchange their Merchandise within 90 days of the purchase date. The following steps are to be followed to return a product:
a) Contact IVL Audio Inc at webcases@ivl.com for product assessment and warranty validation.
b) If IVL Audio Inc deems the product defective and under warranty, you will be given a return authorization number (RMA) and shipping address.
c) Return product to address provided by IVL Audio Inc.
d) Include original receipt with package.
e) Include RMA number on the outside of the package.
f) Consumer is responsible for shipping costs to IVL Audio Inc.
g) We cannot accept packages that do not contain a valid RMA number.
h) We cannot accept returns of products missing the serial number or UPC.
i) We cannot accept returns of items purchased from OnKey & IVL Audio Inc retail partners.
j) Upon receipt of a properly authorized and addressed return, the product will be examined.
k) The product will be repaired (if applicable), replaced (if applicable), and returned to the consumer.
l) Shipping to the consumer will be paid by IVL Audio Inc.

Refunds
Non-defective products are non-returnable.
This warranty is non-transferable and applies solely to the original purchaser and does not extend to subsequent owners of the product. The extent of IVL Audio Inc’s liability under this limited warranty is the repair or replacement provided above at the sole discretion of IVL Audio Inc. Under no circumstances shall IVL Audio Inc be liable for any loss, direct, indirect, incidental, foreseen, unforeseen, special, or consequential damage arising out of or in conjunction with the use of this product.

7. Submissions
IVL Audio Inc's company policy does not allow it to accept or consider music or other creative works, ideas, suggestions, or materials (Submissions) other than those which have been specifically requested in writing by IVL Audio Inc. IVL Audio Inc shall have no obligation of confidence with respect to Submissions and IVL Audio Inc shall not be liable for any use or disclosure of any Submissions. Any notes, ideas, suggestions, concepts or similar material or information submitted will become the property of IVL Audio Inc and IVL Audio Inc shall be entitled to use these materials for any purposes, including in any media whether now known or hereafter devised without compensation to the provider of the Submission.

8. Disclaimer of Warranty
THE MATERIALS ON THIS SITE AND ANY DOWNLOADED MUSIC AND CONTENT ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IVL AUDIO INC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OR REPRESENTATIONS RELATING TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR MUSIC OR CONTENT DOWNLOADED FROM THE SITE.

9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IVL AUDIO INC OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS ON THIS SITE, OR THE MUSIC OR CONTENT DOWNLOADED FROM THE SITE, EVEN IF IVL AUDIO INC OR AN IVL AUDIO INC AUTHORIZED REPRESENTATIVE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL IVL AUDIO INC'S LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID FOR MUSIC OR CONTENT DOWNLOADED FROM THE SITE, OR $10.00, WHICHEVER IS MORE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Sites Linked from IVL Audio Inc.
Any sites linked from this Site, or any links contained in a linked site, are not under IVL Audio Inc's control and IVL Audio Inc do not assume any responsibility or liability for their content. IVL Audio Inc, provide these links for your convenience only and you access them at your own risk.

11. Prohibited Content
You are prohibited from, and you agree you will not directly or indirectly use the Site to Interfere with or circumvent any technological measure that controls access to any Material, music or content on the Site; Remove, obscure or alter any notice of copyright or other proprietary right; Transmit any Materials or downloaded music or content that you do not have a right to transmit or that would constitute or encourage a criminal offence, violate the rights of any party, or otherwise create liability or violate any local, provincial, national or international law; Interfere with or disrupt the Site, or disobey any requirements, procedures, policies or regulations of the Site; Hack or otherwise achieve unauthorized access to or use of any data, systems or networks, including any attempts to scan, probe or test the vulnerability of a system or network or to breach security or authentication measures without valid express authorization to do so; Intercept or otherwise monitor data or traffic on any network or system, or to mine data, without valid express authorization to do so; Intentionally interfere with the use of the Site by any user, host or network including, without limitation, mail bombing, news bombing and other flooding techniques, deliberate attempts to overload a system, and broadcast attacks; Avoid system restrictions or limitations placed on the Site through the use of manual or electronic means; and/or Use the Site for illegal purposes or in any unlawful manner.

12. Enforcement
We respect copyright and other laws and expect you to do the same. Violation of these Terms of Use is prohibited, may result in civil and/or criminal liability, and may require IVL Audio Inc to issue warnings, suspend or terminate your account and/or your access to the Site. We do not tolerate repeat offenders. IVL Audio Inc reserves the right, but does not assume the obligation, to monitor any activity and investigate incidents involving violations of our Terms of Use or Privacy Policy, or misuse of IVL Audio Inc's Site and may involve and will cooperate with legal process and law enforcement officials if a violation is suspected. Without limitation and notwithstanding the provisions of IVL Audio Inc's Privacy Policy, IVL Audio Inc reserves the right to report any activity and disclose any information it considers necessary or appropriate, including without limitation user information, IP addressing, and usage history in the event we suspect or are notified of a violation of any law or regulation, or to protect our Site, customers, or the integrity of our business. INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS OF USE BY A USER, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A USER, SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS OF USE BY SUCH USER.

We will respond expeditiously to claims of copyright infringement that involve use of our Site, or downloaded music or content if they are reported to our designated Copyright Agent. If you want to report any violations of these Terms of Use, please contact us at webcases@ivl.com.

13. Jurisdictions, Termination and Other Terms
These terms and conditions shall be deemed to have been made and agreed to in the Province of British Columbia and shall be governed by and construed in accordance with the laws of the Province of British Columbia without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of, or relating to, these terms shall be filed only in a provincial or federal court located in the Province of British Columbia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
This Agreement and the rights and licenses granted to you under this Agreement shall automatically terminate upon your failure to comply with its terms. If any provision of these terms and conditions shall be deemed by a competent court to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

This is the entire agreement between us relating to the subject matter herein. Any modification of this Agreement must be in writing from IVL Audio Inc. The controlling language of this Agreement is English.

14. Copyright, Trademark and Patent Notices
Copyright© 2007 IVL Audio Inc. and/or its licensors. On-Key Songs™ and On-Key Karaoke™ are trademarks of IVL Audio Inc. All other trademarks are the property of their respective holders. Compositions are created in the style of the original artist and are not original recordings. Artist names are shown for reference only.

 
 
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©2007 IVL Audio Inc. Protected by the copyright laws of Canada and the United States and by international treaties.