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HDGIANTS, Inc. Terms of Service

HDGiants, Inc.
Terms of Service (updated January 2009)

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HDGIANTS, INC. ("HDGIANTS") STATING THE TERMS THAT GOVERN YOUR USE OF THE HDGIANTS DOWNLOAD OR HARD DRIVE DELIVERYENTERTAINMENT STORE, THE HDGIANTS AND HDGIANTS WEBSITES AND ALL RELATED SERVICES, THE HDGIANTS NETWORK MUSIC MANAGEMENT SOFTWARE, AND THE DIGITAL CONTENT PURCHASED FROM HDGIANTS (THE "SERVICE"). THIS AGREEMENT-TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF HDGIANTS' RULES AND POLICIES-COLLECTIVELY CONSTITUTE THE AGREEMENT ("AGREEMENT") BETWEEN YOU AND HDGIANTS.
BY USING THE SERVICE, OR PURCHASING CONTENT USAGE RIGHTS FROM US, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DO NOT USE THE SERVICE OR PURCHASE CONTENT USAGE RIGHTS FROM HDGIANTS UNLESS YOU WANT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Definitions. HDGiants is the provider of various software products (“Products”) that allow you to purchase digital movies, television shows, music, and imagery content (“Digital Content”) via download or hard drive delivery in accordance with the terms of this Agreement. The Digital Content we offer is the copyrighted property of third parties and must be used by you in accordance with the terms of this Agreement and the usage rights (“Usage Rights”) applicable to that particular content. Each copyright owner has its own rules concerning how their digital content may be used, and thus your ability to transfer or make copies of Digital Content may vary, depending on the rights that the respective rights owner has established. Further, there is no assurance that the Products or Digital Content will be compatible with any particular portable device, media server, or other software or hardware product. Please check for compatibility and the Usage Rights prior to purchasing usage rights to Digital Content from us because ALL SALES ARE FINAL.
2. System Requirements. Use of the Service, Products, and Digital Content requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service, Products, and Digital Content involves hardware, software, and Internet access, your ability to use the Service, Products, and Digital Content may be affected by the performance of these factors. We recommend that you do not attempt to use the Service and Products unless you have a properly functioning, high-speed Internet connection (because you will have a substandard and very unsatisfying experience). You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service and Products are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service or the Products.
3. Policies and Rules. Your use of the Service and Products, and purchases made through them, are subject to HDGiants' Sales Policies, which can be readily viewed on the Service and Products, and any end-user agreements or other terms and conditions required for use of the Service and Products, all of which are hereby made a part of this Agreement. Additionally, except as otherwise expressly provided for in this Agreement, the Service is subject to the MusicGiants Network Software User License Agreement which is expressly made part of this Agreement.
4. HDGiants' Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service and Products are subject to HDGiants' Privacy Policy, which is expressly made a part of this Agreement. If you have not already read HDGiants' Privacy Policy, please do so now.
5. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and Products and at other points as may be required in the course of using the Service and/or Products ("Registration Data"). You further agree to maintain and update your Registration Data and Account Information as required to keep it accurate, current, and complete. HDGiants may terminate your rights to any or all of the Service, Products, and Digital Content if any information you provide is false, inaccurate or incomplete. You agree that HDGiants may store and use the Registration Data and Account Information you provide (including credit card information, even if we state we are not storing your credit card information) for use in maintaining your accounts and billing fees to your credit card.
6. Age requirements for use of the Service. This Service and our Products are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to the terms and conditions in this Agreement. If you are under 13 years of age, do not use the Service or our Products. If you are a parent or legal guardian of a child under 13 years of age, do not permit your child to use the Service or Products. By permitting your child under 13 years of age to use the Service or Products, you are agreeing that that child's use of the Service and Products shall be subject to the terms and conditions in this Agreement as amended from time to time.
7. Objectionable Material. You understand that by using the Service and Products, you and/or your children may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. You agree to use the Service and Products at your sole risk and that HDGiants and its content licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
8. User Account and Security.
a. Account and Password. As a registered user of the Service or the Products, you may receive or establish an account and sub-accounts (individually and collectively referred to as "Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify HDGiants of any unauthorized use of your Account or any other breach of security. HDGiants shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service and Products, and the Digital Content purchased through the Service and Products, may include a security framework using technology that attempts to protect digital information and may limit your usage of Digital Content to certain usage rules established by HDGiants and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by HDGiants for compliance purposes, and HDGiants reserves the right to enforce the Usage Rules with or without notice to you. You agree not to access the Service or Products by any means other than through software that is provided by HDGiants for accessing the Service or Products. You agree not to access or attempt to access an Account that you are not authorized to access. You agree not to modify our software in any manner or form, or to use modified versions of our software, for any purposes including obtaining unauthorized access to the Service, Products, or Digital Content. Violations of system or network security may result in civil or criminal liability.
9. Purchase of Content from HDGiants.
a. Products Requirements. You acknowledge that use of Digital Content may require the use of other hardware and software products (e.g., where allowed by the Digital Content copyright owner, the ability to make copies of Digital Content on physical media and render performance of Digital Content on authorized digital player devices), and that such hardware and software is your responsibility. Once Digital Content is purchased and you receive the Digital Content, it is your responsibility not to lose, destroy, or damage the Digital Content, and HDGiants shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of DRM’d Music and Film Products. You acknowledge that Digital Content may contain security technology that limits your usage of Digital Content to the following Usage Rules, and you agree to use Digital Content in compliance with such Usage Rules.
Usage Rules.
Your use of the Digital Content is conditioned upon your prior acceptance of the terms of this Agreement.
You shall be authorized to use the Digital Content only for personal, noncommercial use.
You shall not be entitled to sell, redistribute, rent, lease, broadcast, lend, modify, adapt, edit, license, sublicense or otherwise transfer the Digital Content to another. In addition, you may not decompile copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form.
Any burning or exporting capabilities are solely an accommodation to you, are subject to usage restrictions imposed by our licensors, and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Digital Content. You may not burn Paramount content to a DVD, CD or other physical media.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent, bypass, avoid, remove, deactivate, impair or modify any security technology or software that is part of the Service or Products or used to administer or enforce the Usage Rules.
You shall not edit, modify, translate or create derivative works or adaptations of the Digital Content.
The delivery of Digital Content does not transfer to you any commercial or promotional use rights in the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
c. For Digital Content where the copyright owner is Paramount Pictures Corporation (“Paramount”), you hereby consent to HDGiants sharing with Paramount, all personal and other data collected from you or in connection with your account and directly related to the purchase or use of Digital Content where Paramount is the copyright owner. Furthermore, Paramount is an intended third party beneficiary of this Agreement and shall have the right to enforce in every respect, at law or in equity, any and all obligations hereunder to the same extent as if Paramount were a party to this Agreement.
d. You agree that your purchase of Digital Content constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Digital Content may constitute a copyright infringement. The security technology is an inseparable part of the Digital Content. The Usage Rules shall govern your rights with respect to the Digital Content, in addition to any other terms or rules that may have been established between you and another party. HDGiants reserves the right to modify the Usage Rules at any time.
e. You acknowledge that some aspects of the Service, Products, Digital Content and administering of the Usage Rules entails the ongoing involvement of HDGiants. Accordingly, in the event that HDGiants changes any part of the Service and Products or discontinues the Service or Products, which HDGiants may do at its election, at any time, with or without notice to you, you acknowledge that you may no longer be able to use the Service, Products, and Digital Content to the same extent as prior to such change or discontinuation, and that HDGiants shall have no liability to you in such case.
f. The Service and Products may offer interactive features that allow you to, among things, submit or post information and materials on areas of the Service and Products accessible and viewable by other users of the Service and Products and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, you hereby grant HDGiants a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service and Products, and in relation to the Digital Content, without any compensation or obligation to you.
g. HDGiants reserves the right not to post or publish materials, and to delete, remove or edit any material, at any time in its sole discretion without liability.
h. ALL SALES ARE FINAL. We will NOT issue refunds.
i. Except for the rights explicitly granted to you in the Terms of Service, all right, title and interest in the Service, Products, and Digital Content are reserved and retained by us, our licensors, and our Digital Content providers. You do not acquire any ownership rights in the Service, Products, or Digital Content as a result of downloading the Service, Products, or Digital Content.
10. Territory. The Service, Products, and Digital Content is currently available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Service, Products, and Digital Content from outside of the available territory, and that HDGIANTS may use technologies to verify your compliance.
11. Agreement to Pay.
a. Payment for Products. You agree to pay for all Digital Content you purchase through the Products and Service, and that HDGiants may charge your credit card for any Digital Content purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued (collectively "Fees") by or in connection with your Account. YOU AGREE TO TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING HDGIANTS WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. YOU HEREBY AUTHORIZE HDGIANTS, INC. TO BILL THE CREDIT CARD YOU PROVIDE US FOR ALL FEES ACCRUED OR INCURRED FROM USE OF THE SERVICE AND PRODUCTS. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online at the Add Funds screen in the My Account section of the Service and Products. (There may be a temporary disruption of your access to the Service or Products until HDGiants can verify the validity of the new credit card information.)
b. Right to Change Prices and Availability of Products. Prices and availability of any Digital Content are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service and Products 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 AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO WHEN USING OUR SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. Required Hardware and Software. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
12. Delivery of Digital Content. On occasion, technical problems may delay or prevent delivery of your Digital Content. Your exclusive and sole remedy with respect to Digital Content that is not delivered within a reasonable period will be either replacement of such Digital Content, or refund of the purchase price paid for such Digital Content, as determined by HDGiants.
13. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service and Products, including but not limited to graphics, audio and video clips, and editorial content, contains proprietary information and material that is owned by HDGIANTS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service or Products in conformity with the terms of this Agreement. No portion of the Service and Products 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 Digital Content, Products, and Service, in any manner, and you shall not exploit the Digital Content, Products, and Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of HDGIANTS Digital Content or Other Materials. Notwithstanding any other provision of this Agreement, HDGiants and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, Digital Content, or other materials comprising a part of the Service at any time without notice. In no event will HDGiants be liable for the removal of or disabling of access to any such Products, Digital Content, content or materials under this Agreement. HDGiants may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the HDGiants Network (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by HDGiants and/or its licensors. THE USE OF THE DIGITAL CONTENT, THE PRODUCTS, THE SERVICE, AND ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SAME AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. HDGiants, the HDGiants logo, MusicGiants, the MusicGiants logo, Upgrade Your Downloads, Your Music Loud and Clear, Soundvault, Roboripper, Max the Ripper, Jack the Ripper, High Definition Downloads, and other HDGiants trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of HDGiants, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
14. Termination.
a. Termination by HDGiants, Amendments. If you fail, or if HDGiants suspects in its sole determination 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 HDGiants with a valid credit card or with accurate and complete Registration Data, Billing Information, User Profile information, and information in Add Funds, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, HDGiants, in 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) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). Furthermore, this Agreement will terminate immediately without notice from HDGiants, Inc. if you fail to comply with any term herein. In case of such termination, you must cease all use of the Service and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service, the Products or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it. Upon termination, you agree to erase, destroy or otherwise remove the Digital Content from all computers, media servers, and portable devices within your possession or control.
b. Termination of the Service. HDGiants reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and HDGiants will not be liable to you or to any third party should it exercise such rights.
15. General Compliance with Laws. The Service is controlled and operated by HDGiants from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
16. Enforcement of These Terms. HDGiants reserves the right to takes steps HDGiants believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to HDGiants' right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that HDGiants has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as HDGiants believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to HDGiants' right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
17. 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, HDGiants may provide links to certain third party websites. You acknowledge and agree that HDGiants is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. HDGiants does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
18. Disclaimer of Warranties; Liability Limitations.
a. HDGIANTS 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 HDGIANTS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU AND WITHOUT LIABILITY TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE DIGITAL CONTENT, IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE DIGITAL CONTENT, ARE (EXCEPT AS EXPRESSLY STATED BY HDGIANTS) 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL HDGIANTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DIGITAL CONTENT OR OTHER CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HDGIANTS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. HDGIANTS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HDGIANTS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. HDGIANTS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND HDGIANTS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD HDGIANTS, 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 THE DIGITAL CONTENT, OR ANY ACTION TAKEN BY HDGIANTS 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. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM HDGIANTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION 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 HDGIANTS' CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
20. Changes. HDGiants 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, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, 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 after Additional Terms have been imposed will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
21. Notices. HDGiants may send you notice with respect to the Service by sending an email message to the email address listed in your HDGiants Account contact information, by sending a message to you in your HDGiants' Message Center, by sending a letter via postal mail to the contact address listed in your HDGiants Account contact information, or by a general posting in the HDGiants Network Service. Notices shall become effective immediately.
22. Governing Law. The laws of the State of Nevada, 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 HDGiants or relating in any way to your use of the Service resides in the courts of the State of Nevada.
23. Miscellaneous. These Terms of Service constitute the entire agreement between you and HDGiants and govern your use of the Service, superseding any prior agreements between you and HDGiants. 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 these Terms of Service 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. HDGiants' failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. HDGiants will not be responsible for failures to fulfill any obligations due to causes beyond its control.
24. Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in Section 18, above: (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service , exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
25. Contact Information. For communications concerning this Terms of Service, please write to HDGiants, Inc., Attn: Legal Department, 926 Incline Way, Suite 250, Incline Village, NV 89451.
26. Third-Party Beneficiaries. Digital Content copyright owners are intended third-party beneficiaries under this Agreement and may enforce this Agreement against you and invoke all rights hereunder including limitations of liability.

Additional Terms Applicable to DRM-Free Content Only:

Upon your payment of our fees for NON-DRM MUSIC, you shall have a non-exclusive, non-transferable license to use the NON-DRM MUSIC for your personal, non-commercial use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the NON-DRM MUSIC, but only for your personal, non-commercial use.
You agree not to infringe the rights of the NON-DRM MUSIC's copyright owners and to comply with all applicable laws in your use of the NON-DRM MUSIC. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer the NON-DRM MUSIC. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction, or distribution rights for the NON-DRM MUSIC. You acknowledge that the NON-DRM MUSIC embodies the intellectual property of a third party and is protected by law.
All sales of NON-DRM MUSIC are final. We do not accept returns of NON-DRM MUSIC. Once you have purchased NON-DRM MUSIC, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact HDGiants customer service. You bear all risk of loss after purchase and for any loss of NON-DRM MUSIC you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove NON-DRM MUSIC from the Service without notice.

As required by our NON-DRM MUSIC providers, NON-DRM MUSIC will, unless otherwise designated, be available only to customers located in the United States.

We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the HDGiants' website. Your continued use of the HDGiants or the NON-DRM MUSIC after any such amendment's effective date evidences your agreement to be bound by it.

These terms and conditions constitute the entire agreement between HDGiants, Inc. and you and supersede any other communications or advertising with respect to the Digital Content, the Service, and the Products.