RecordNRip™ TERMS & CONDITIONS
This is a legal agreement between you (either an individual or a single legal entity) (“You”) and
Mainstream Dollars Publishing Inc. (“Mainstream Dollars”) that governs your use of Mainstream
Dollars' online services. The following terms and conditions will apply to You if You register to use Mainstream Dollars' online services or the RecordNRip™ software (the “Software”). BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT, AS WELL AS MAINSTREAM DOLLARS' END USER LICENSE AGREEMENT (“EULA”) AVAILABLE AT http://www.recordnrip.com/eula.html . IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" RADIO BUTTON AND THE SOFTWARE WILL NOT CONTINUE INSTALLATION TO YOUR COMPUTER.
Definitions
"Software" shall be taken as referring to RecordNRip™, otherwise known as Mainstream Dollars RecordNRip™ and its support files supplied in the software archive and to any and all copies, updates, modifications, patches, functionally equivalent derivatives, or any parts or portions thereof.
"Mainstream Dollars" shall be taken as referring to Mainstream Dollars and any third party who makes its software available in conjunction with or through Mainstream Dollars.
"You" shall be taken as referring to the individual or legal entity who is evaluating the software on a limited time trial basis or has purchased a License to use this Software or for whom such License was purchased.
Age Requirement
You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Software. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 13 may not register for this Software, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Software, 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 check the acceptance box and do not attempt to access the Software.
Limited Time Free Trial Users Only
(This clause does not apply to registered users of the Software) The Software is distributed to You for a limited time for evaluation of its effectiveness. The term of the limited license to use the Software is limited to the number of days for which the free trial period is offered and will expire automatically at the end of such period. To continue using the Software, you will be required to enter into a new agreement for the use of the Software by completing the necessary registration and making the necessary payment in order to purchase a license of the Software.
Registration.
The Software is protected by intellectual property laws and your use of it is governed by this Agreement as well as any applicable end-user license agreement. A copy of the current End-User License Agreement ("EULA") is available at http://www.recordnrip.com/eula.html The Software and the accompanying documentation may not be reproduced in any form save for the sole purpose of making a backup copy for archival purposes. You may not reproduce the written documentation accompanying the Software. No individual or legal entity may charge a fee for the distribution of the Software without written permission from Mainstream Dollars.
Use Restrictions
You may not use, copy, modify, or transfer the Software or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. You shall not decompile, disassemble, or reverse engineer any of the Software or attempt to do so. You shall not rent, lease, sublicense, or transfer the Software.
You may not use the Software to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; (iii) that infringe third-party rights; or (iv) that harm minors in any way.
The burning or transfer capabilities provided by the Software shall not operate to waive or limit any rights of the copyright owners in any materials that may be copied or works embodied in them. Your use of the Software does NOT provide you with rights to use, copy or distribute any material that is subject to the legal rights of third parties. Your use of such materials must be subject to another grant of rights that you have received from the copyright holder(s) and any other legal rights holders. If You violate the copyright laws, there may be fines or criminal charges brought against You, even if You don't get any commercial benefit from the illegal copies. You agree to indemnify and hold harmless Mainstream Dollars, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from your use of such copyrighted materials and/or from your violation of any copyright laws by such use.
Proprietary Rights
All rights not expressly granted herein are retained by Mainstream Dollars and/or its licensors.
Termination
This Agreement is effective until terminated. You may terminate it at any time by destroying all copies of the Software covered by this Agreement and all support files generated by the Software. This Agreement will also terminate if You fail to comply with any term or condition of this Agreement. You agree that upon such termination to destroy this Software, including all copies, functionally equivalent derivatives, and all portions and modifications thereof in any form.
Warranties: Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (NOT MAINSTREAM DOLLARS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Mainstream Dollars does not warrant that the functions contained in this Software will meet your requirements or that the operation of this Software will be uninterrupted or error-free. Mainstream Dollars will make available technical support for the Software. Mainstream Dollars may, from time to time, revise or update the Software. In so doing, Mainstream Dollars incurs no obligation to furnish such revision or updates to you. YOU USE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAINSTREAM DOLLARS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF MAINSTREAM DOLLARS OR AUTHORIZED REPRESENTATIVE(S) OF MAINSTREAM DOLLARS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL MAINSTREAM DOLLARS'S LIABILITY EXCEED AMOUNTS PAID TO MAINSTREAM DOLLARS' BY YOU UNDER THE TERMS OF THE AGREEMENT.
Indemnity
You agree to indemnify and hold harmless Mainstream Dollars and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Software and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
Payment
You must register (See EULA at http://www.recordnrip.com/eula.html) and pay in advance the purchase price for the right to use the Software. The fee payable is US$39.95.
Suspension or Termination of Account
At Mainstream Dollars' sole discretion, it may suspend or terminate this Agreement and your use of the Software if you breach any of the terms of your agreement with Mainstream Dollars or your account is inactive for 60 consecutive days. Mainstream Dollars will not be liable for any consequences that you may suffer as a result of the suspension or termination of your account for any reason.
No Refund of Fees
If your account is suspended or terminated for any reason, whether by Mainstream Dollars or by you, Mainstream Dollars will not be liable to refund all or part of any fees paid by you.
Collection of Information
Mainstream Dollars will collect and use anonymous information relating to your use of the Software, for statistical and related purposes. Mainstream Dollars may disclose the information to third parties for these purposes but will not use or disclose information about your use of the Software for any other purpose (unless required to do so by law).
Amendments to this Agreement
Mainstream Dollars may amend this Agreement at any time by advising you by email or by posting the amended agreement on http://www.RecordNRip.com. Your continued use of the Software will be deemed to be acceptance of the amended agreement.
Your Information and Mainstream Dollars' Privacy Policy
By entering into this Agreement, You agree that Mainstream Dollars may collect and retain information about You, including your name and email address. Mainstream Dollars employs other companies and individuals to perform functions on its behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer Software. They have access to personal information needed to perform their functions, but may not use it for other purposes.
General
This Agreement is governed by the laws of the Country of Costa Rica and the laws of Costa Rica applicable therein. Any dispute between You and Mainstream Dollars regarding this Agreement will be subject to the law courts of the Country of Costa Rica. This Agreement is the entire agreement between You and Mainstream Dollars and supersedes any other communications or advertising with respect to the Software. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of Mainstream Dollars.
All Our Sales Are Final
It is with regret due to software scammers RecordNRip™has an “all sales are final” policy on all software sales. This policy has only been adopted because it is absolutely necessary. Our system was open to abuse by people downloading and keeping our Software, and then demanding a refund.
There has been a very high rate of refunds due to software theft. A glut of orders have been placed for downloadable software then requesting a full refund. We have no way of checking if they actually delete the product from their PC or not.
Each time we issue a refund it costs us money. We are a real business with real employees and real costs. If we keep giving money away we will no longer be able to operate.
Contact Information
Should you have any questions concerning this Agreement, or if you wish to contact Mainstream Dollars for any reason, please e-mail us at webmaster@RecordNRip.com. |