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HMV DIGITAL
TERMS OF SALE AND SERVICE
EFFECTIVE DATE: October 2012

READ CAREFULLY. THESE TERMS AND CONDITIONS ("TERMS" OR "AGREEMENT") ARE A LEGALLY BINDING CONTRACT BETWEEN YOU ("END USER", "YOU" AND "YOUR") AND HMV DIGITAL HOLDINGS ULC ("HMV DIGITAL," "WE," "US," OR "OUR") FOR YOUR PURCHASE AND USE OF HMV DIGITAL SERVICE AND/OR DIGITAL DOWNLOADS, AND OTHER PRODUCTS SOLD BY HMV DIGITAL THROUGH THIS SITE.

BY CLICKING THE CHECK-BOX NEXT TO THE ICON BELOW MARKED "I ACCEPT", OR BY REGISTERING FOR USE OF ANY OF OUR SERVICES OR OTHERWISE USING THEM, OR BY PURCHASING ANY DIGITAL MUSIC DOWNLOADS YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS, DO NOT DOWNLOAD OR USE ANY PRODUCTS OR SERVICES AND EXIT NOW.

Introduction
HMV DIGITAL HOLDINGS ULC ("HMV DIGITAL") is committed to providing an excellent user experience. In order to provide our digital services and products to you, you must agree to be bound by the following terms which form a legally binding agreement between HMV Digital and you.

HMV Digital offers an online music subscription service and digital download store (collectively, the "Vault Services"). The Vault Services are available to end users via the Internet or a Internet and mobile combination and are accessible through the web site located at www.inmyvault.com (the "Site").

This Agreement is in addition to, and not instead of, HMV’s Terms of Use Agreement ("Terms of Use") that you agreed to when you first accessed the Site.Acceptance of Terms
You must be a Canadian resident, a person 18 years of age or more, or a person 14 years of age with parental authorization, who purchases a Vault Service for personal use only.

You will not use the Vault Services for any purpose that is unlawful or prohibited by these terms and conditions. By using the Vault Services or creating a user account you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the Site, your account and the VaultServices.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms and conditions. If we do this, we will send a general email to Vault Customers and post the changes to these terms and conditions on this page, indicating the effective date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Vault Services. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Vault Services after any such changes constitutes your acceptance of the new terms and conditions.

Cancellation. We reserve the right to deactivate your account or suspend use of the Vault Services, your user account or any or our other services for any reason.

The Streaming Services
The Vault streaming service is a paid subscription service for the personal use of registered end users only, which gives end users access to full-length streaming of songs through their personal computers and supported mobile devices. The Vault streaming service also offers offline listening called ‘syncing’ for mobile subscribers on supported mobile devices.

Mobile Streaming
The Vault Service is compatible on iOS and Android mobile devices using HMV Digital mobile app available on the iTunes App store and Google Play. Use of HMV Digital is subject to standard data and usage charges set forth by your mobile carrier. To find out more about data charges and your individual data plan, please contact your mobile carrier directly.

The Download Store
The Vault offers music downloads to all visitors of the Site. Music downloads are made available as DRM-free MP3s, at the bit rate of 256 kpbs or higher. Downloading from the Site is subject to all applicable laws, rules and regulations, and the rights of copyright owners regarding the usage and purchase of their content. HMV Digital reserves the right to suspend or terminate your access at any time without notice. Content licensed to HMV Digital from the content owners may elect to include digital watermarks in any music downloads they make available for purchase on HMV Digital.

HMV Digital opposes all forms of content piracy. Vault users are obligated to follow applicable laws, rules and regulations, and the rights of copyright owners in connection with any music downloaded from HMV Digital. The purchaser is only entitled to one copy of any purchased song. Therefore, HMV Digital strongly recommends that end users back up all music files purchased from HMV Digital.

By creating music libraries on HMV Digital, you automatically grant permission to HMV Digital to communicate your music library information to HMV Digital’s servers.

You agree that any digital download content you may obtain as part of the Service may include security technology that limits the use of such digital download content and that, regardless of whether such digital content is subject to such security technology, you shall use such digital content solely for personal, noncommercial use and that any other use may constitute copyright infringement and be subject to legal action. Any security technology is an inseparable part of the digital content. You agree not to circumvent, render inoperable or otherwise tamper with any security technology or assist another person to do so. You agree not to access the digital download content through any means other than this website we offer in connection with the Service. Additional restrictions may apply to certain digital content, as determined by our licensing partners, and which may change from time to time, which restrictions are made a part hereof. The Service is configured in a manner to ensure compliance with those restrictions. You agree to use any tools we provide associated with the site or Service to ensure compliance with those restrictions in the manner that they were intended. Finally, you agree to comply with any and all such restrictions as applicable, and as they may change from time to time.

WE PROVIDE THIS WEBSITE, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, SOFTWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS WEBSITE, IN THE SITE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.

YOU UNDERSTAND THAT WHILE OUR LICENSEE HAS MADE A GOOD FAITH EFFORT TO REMOVE EXPLICIT CONTENT FROM THIS SITE, YOU MAY ENCOUNTER MATERIAL THAT YOU DEEM TO BE OBJECTIONABLE, OFFENSIVE OR INDECENT. YOU USE THE SERVICE AT YOUR OWN RISK AND ITS LICENSEE SHALL HAVE NO LIABILITY TO YOU FOR MATERIAL THAT IS FOUND TO BE OBJECTIONABLE, OFFENSIVE OR INDECENT.

Accuracy of Information. Although we strive to ensure the accuracy of the information found on this website, neither we, nor our affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this website.

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on this website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to this website should be sent to VerveLife, attn. DMCA Compliance, 625 N. Michigan Ave, Suite 2575, Chicago, IL 60611. Tel. (312) 893-7000, service@inmyvault.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Payment

Billing

You agree to pay HMV Digital all fees in accordance with your membership tier and/or your digital download purchases, plus applicable taxes. The fees levied will be automatically be charged by HMV Digital in the form of payment selected by the Customer.

As a condition to any sale to you by HMV Digital, you agree to provide HMV Digital with complete and accurate billing and contact information. This information includes your legal name, billing address, e-mail address, name and telephone number. If you are paying by credit card, you agree to provide HMV Digital with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.

Subscription Types

HMV Digital offers two types of subscriptions. The Web Access plan, allows Customers to log into HMV Digital from any Internet-enabled computer to access the Customer’s account and listen to streaming music.

The Web + Mobile Access Plan, allows End users to listen to music from any Internet-enabled computer and on the Customer’s supported mobile device (iPhone, iPod touch, or iPad requires iOS 4.0+ and for Android 2.2 or greater).

Free Trial

HMV Digital offers a two-week free trial of the Web Access plan to all End users with a valid email address. The free trial automatically expires at the expiration of the two-week trial period unless the Customer chooses to subscribe to either of the subscription types offered by HMV Digital prior to the expiration date. Failure to subscribe on or before the two-week free trial expires allows the Customer to view their Vault account, but will not be able to listen or access any of the music.

Subscription Rates, Renewals and right to change

HMV Digital’s Web Access plan cost $4.99 per month and the Web + Mobile Access Plan cost $9.99 per month plus any applicable taxes. HMV Digital charges and collects in advance for use of the Vault Services. HMV Digital will automatically renew and bill your credit card each month. The renewal charge will be equal to the then-current monthly subscription fee plus applicable goods and services taxes, unless HMV Digital has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter.

You may cancel your subscription for a Vault Service at any time by sending an email to service@inmyvault.com. The cancellation will take effect within 48 hours after your email is sent. HMV Digital will not refund any subscription fees already paid to us.

Music Downloads

HMV Digital offers Customers music licensed and made available for download. Each purchase is valid for one copy of the music file only. End users are encouraged to make back-up copies of all music downloads purchased from HMV Digital as the service will not be able to send the Customer another copy. The Customer bears all the risk in the loss for any product that has been purchased and downloaded from HMV Digital. 
Whenever applicable, the Customer agrees to pay all applicable taxes for music downloaded from HMV Digital.

Methods of Payment
Credit Cards, Debit Cards and Payment Services

HMV Digital offers a variety of different payment options including Visa, MasterCard, American Express, HMV Gift Card, PayPal and Interac Online from the following institutions: RBC, Scotiabank, TD Canada Trust and Bank of Montreal.

Payments, Refunds and Errors

By submitting any of the acceptable method of payments on HMV Digital, the Customer agrees to pay HMV Digital for any of the subscription tiers and/or music downloads. The Customer agrees that HMV Digital will post charges to the Customer’s designated payment method individually or collectively for all purchases made on HMV Digital. The Customer will be responsible for any charges that are incurred by any person through the Customer’s Vault account. In the event of any changes, the You is solely responsible for updating their payment and billing information through the You’s account settings on HMV Digital.

Credit Card Agreement Terms. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT HMV DIGITAL, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. If HMV DIGITAL does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by HMV Digital or its agents. Obligation to pay for the Vault Services, music downloads or other items ordered from HMV Digital will survive your termination of the Terms of Use.

Order No Responsibility To Sell Mispriced Products Or Downloads. Given the broad, rapidly expanding selection of music offered by HMV Digital, it is possible that a Product or Digital Download may be accidentally mispriced. HMV Digital reserves the right not to accept End User orders with prices based upon typographical errors.
Unauthorized Charges. Unless you notify HMV Digital of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.
PINs & Gift Cards

Vouchers ("PIN codes") issued by HMV Digital are also accepted as method of payment on HMV Digital Service. Acceptable PIN codes issued by HMV Digital will be accepted for specific products or services (e.g., 1-free download or 1-free month of Web Access subscription) or a specific denomination (e.g., $20, $50, etc.) All PIN code denominations will be issues in Canadian Funds. Any balance remaining on the PIN code may be applied against the future acquisition of the PIN code’s designated product or denomination until the PIN code’s value has been completely exhausted or the PIN code has expired. The balance of any PIN code issued by HMV Digital has no cash value and is not subject to refunds or credit. Replacement PIN codes will not be issued.You and HMV Digital is not responsible for any lost, destroyed or stolen PIN codes.


No Refunds.
All sales of Digital Downloads and purchases of subscriptions to our download service are final. All charges from those sales are nonrefundable HMV Digital does not accept any returns for any of the goods, including subscription tiers, offered on HMV Digital. Occasionally, technical problems may delay or prevent delivery of purchased products to the You. In such instances, the You may contact HMV Digital’s Customer Service Team to remedy purchases not successfully delivered. End users will be offered a replacement file, credit for a value at least equal to the amount charged to the You, or in extreme cases, a refund at HMV Digital’s discretion. End users have sixty (60) days to notify HMV Digital for any discrepancies or unauthorized charges from the time of the charge after which, the transaction will be considered accepted by the You. As such, the You releases HMV Digital from all liabilities and claims of loss as a result of any such error or discrepancy.

Termination
You may terminate, at any time, this Agreement by logging onto your account through the inmyvault.com site or by calling Customer Service understanding that fees already paid will not be refunded.

You agree that HMV Digital, in its own discretion and without notice, liability or refund, may terminate or suspend the use of, or access to, the Service if any provision of these Terms and Conditions or any applicable law, rule or regulation has been violated or non payment by you of the Service following communication informing you of a default in payment. In the event of a termination or cancellation of your user account or a VaultService, you understand that they may lose their music library, history and other information related to their account. Termination or cancellation does not release youlient from paying any outstanding amount due to HMV Digital

Your Responsibilities
You acknowledge that you must maintain the rules and regulations applicable to the use of HMV Digital as a personal and non-commercial service. You are not authorized to utilize HMV Digital Service as a radio station within any commercial establishment or public arena. You may not copy, reproduce, record, modify, distribute, send, broadcast, license, sell, rent, adapt, or use and exploit in any other way, in whole or in part, the elements provided and contained (including sound recordings, images and text) through HMV Digital Service.

General
We are not liable for any delay or failure caused by circumstances beyond our reasonable control. Any waiver by us shall not be deemed to be a waiver of any of our other rights or remedies. All disputes shall be resolved by HMV Digital in its sole and absolute discretion and shall be final and binding. These Terms and Conditions shall be governed by the laws of Ontario and Canada, as applicable. You attorn to the non-exclusive jurisdiction of the Ontario courts and agree that any legal proceedings relating to these Terms and Conditions shall be commenced in the City of Toronto.

PRIVACY POLICY
We recognize that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously.

Personal Information. If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Website/Services. HMV Digital will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.

Communications from Us and Mailing Lists. In order to keep our users informed about the operation of our Website/Services, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists. We may also allow you to choose whether to receive mailings from record labels and other promotional partners that we think will be of interest to you. Any promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list.

Contests. We may conduct promotional sweepstakes in connection with the Service, or in partnership with one or more of our partners or sponsors, as part of which, we may request contact information from you when you enter. We will use the information you provide to conduct the sweepstakes and for other purposes to which you consent. If we offer sweepstakes with third parties, we may share the information we obtain from you with them. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to participate in the applicable competition.

Payment Information. If you pay HMV Digital for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by HMV Digital other than to facilitate the provision of Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.

Use of PINs. PINs for Services may be provided from time to time by HMV Digital, its partners or sponsors. If you redeem a PIN to pay for Services, you may be required to provide additional personal information which may be shared with a third party. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to use the PIN.

USER ACCOUNT, PASSWORD AND SECURITY
Password Security. If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorized person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to set up a new password.

Unauthorized Access. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will HMV Digital be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the Websites using your username and password is either you or someone doing so with your permission.