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Terms of Use

Welcome to KenTunes Music Downloads. These Terms of Service are a legal agreement ("the Agreement") between you and KenTunes, LLC ("KenTunes") stating the terms that govern your use of KenTunes Music Downloads (the "Service"). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.


KenTunes may from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check these Terms of Service (available in the Terms of Service section) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as amended, you must stop using the Service.

1. Terms of Use and Privacy Policy.
Except as otherwise expressly provided for in this Agreement, the Service is subject to our Privacy Policy, which is incorporated into and made a part of this Agreement. Although KenTunes uses commercially reasonable efforts to protect the security of your information, KenTunes cannot guarantee that any information sent via the Internet will not be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

2. Your Information.
You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. KenTunes may terminate your right to use any or all of the Service if any information you provide is false, inaccurate or incomplete as determined by KenTunes in its sole discretion. You agree that KenTunes may store and use the Registration Data you provide for use in providing the Service, including but not limited to, maintaining and collecting your accounts and billing fees to your credit card. KenTunes's use of your Registration Data is subject to the terms of our Privacy Policy.

3. User Account and Service Security.
Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify KenTunes of any unauthorized use of your Account or any other breach of security. KenTunes shall not be responsible for any losses arising out of unauthorized use of your Account.

4. Technical Requirements.
Product and Service Requirements. You acknowledge that use of Products requires other hardware and software tools (e.g., for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, KenTunes shall be without liability to you in the event of its loss, destruction, or damage.

5. Usage Rules.
You are entitled to download, export, burn or copy Products solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by KenTunes or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use the Products for personal use in accordance with the terms of this Agreement.

You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g., to provide sound for a video). You may not use a free or purchased track as a musical "ringer" in connection with phone calls. You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.

You may play, transfer, backup, store and burn MP3 music files as much as reasonably necessary for personal, non-commercial use on an unlimited number of personal computers or portable devices. These files are provided for your own personal entertainment use and not for redistribution of any kind. Any other copying is expressly prohibited.

WITHOUT LIMITING ANY PROVISION HEREIN, KENTUNES MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.

The delivery of a Product does not transfer to you any commercial or promotional use rights in the Product.

6. Sales Policy; Changes to the Service; Other Restrictions. Order Acceptance Policy.
All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement. There may be certain orders that we do not accept and/or must cancel. KenTunes's Order Acceptance Policy is explained in our general Terms of Use, and may be accessed by clicking here. KenTunes is a reseller to you and does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

Changes to the Service. KenTunes and/or the owners of the Content, may from time to time, remove Content from the Service without notice.

In addition, the following restrictions apply to your purchase:

Age Requirement for use of the Service. The Service is available only for individuals who are eighteen (18) years of age. KenTunes is relying on your representation that you are at least 18 years of age; KenTunes would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18 but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. KenTunes does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service and parents or legal guardians may not enter into to this Agreement on their behalf. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, 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 use the Service.

7. Agreement to Pay.
Payment for Products. You agree to pay for all Products you purchase through the Service, and that KenTunes is authorized to bill your chosen payment method for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing KenTunes with a valid payment method for payment of all fees. All fees will be billed to the payment method you designate during the checkout process.

Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service, including notices of cancellation, policies, contracts, and applications.

Payment Methods. KenTunes Music Downloads currently accepts major credit cards, Visa and MasterCard branded debit cards. Your credit or debit card will be charged when the Product is "shipped". For purposes of the Service, an order will be deemed "shipped" when the link for the Product download is presented to you. KenTunes may bill your chosen payment method after each individual Product is shipped, or may aggregate multiple purchases you make through the Service into a single charge to your account. We are unable to accept credit or debit cards issued by banks outside of the United States. Debit cards and credit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please review the data you have entered to ensure it is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card.

Prices. KenTunes reserves the right to change prices for Products offered at KenTunes Music Downloads at any time.

Customer Service. For assistance with billing questions or other order inquiries, please email us through the contact us web-page.

8. Delivery of Product.
KenTunes Music Downloads makes every effort to provide a broad music offering. For this reason, KenTunes reserves the right to change music options without notice.

On occasion, technical and other problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product.

9. Intellectual Property.
Acknowledgement of Ownership. You agree that the Service, including without limitation technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by KenTunes and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. You acknowledge and agree that your rights with respect to the Service will be limited by copyright law and you agree to make no use of the Service that would infringe on the copyright in the elements thereof. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

10. Termination.
KenTunes, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising a part of the Service. KenTunes will not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. KenTunes further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or KenTunes suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide KenTunes with a valid credit card or with accurate and complete Registration Data or failure to safeguard your Account information, KenTunes, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

11. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, KenTunes may provide links to certain third-party web sites. You acknowledge and agree that KenTunes is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. KenTunes does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.

12. Disclaimer of Warranties; Limitation of Liability.
KENTUNES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KENTUNES MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. KENTUNES DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KENTUNES DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KENTUNES OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KENTUNES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KENTUNES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND KENTUNES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

KENTUNES MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SERVICE.

13. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold KenTunes, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by KenTunes as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. You cannot sue or recover any damages from KenTunes, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of KenTunes's conclusion that a violation of this Agreement has occurred.

14. Changes.
KenTunes reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

15. Governing Law; Remedies.
The laws of the State of Missouri, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with KenTunes or relating in any way to your use of the Service resides in the courts of the State of Missouri.

You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to KenTunes and/or its affiliates or licensors for which money damages would be inadequate, and in such event KenTunes, its affiliates and/or licensors, or the owners of the copyright in any Product available through the Service, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that KenTunes, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

16. Miscellaneous.
This Agreement, together with the Terms of Use and Privacy Policy for the KenTunes website, constitutes the entire agreement between you and KenTunes regarding the Service and governs your use of the Service, superseding any prior agreements between you and KenTunes relating to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. KenTunes's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. KenTunes will not be responsible for failures to fulfill any obligations due to causes beyond its control. KenTunes obtains permission from record companies and other content owners to make their musical and other content available to you through the Service. You agree that the content owners that license their musical and other content to KenTunes for the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.