Service Agreement Terms
1. SERVICES AND CONDITIONS OF USE
Welcome to Music Fan Clubs' Membership Service (the "Service")!
Music Fan Clubs agrees to provide you with
the V.I.P. Membership benefits of Music Fan Clubs, as well as priority access to selected RealAudio features of The 80s Server, including
(but not limited to) the four Jukeboxes, as well as many games, including 80s Crossword, Sliding Tile, Megalibrary, Lexicon, and the Hitsstory.
Music Fan Clubs reserves the right to modify this
agreement at any time. As the customer, you agree to use
the service in a manner consistent with all applicable laws
and regulations and in accordance with this agreement.
2. PAYMENT OPTIONS
The customer agrees to pay all charges to his/her account, including
applicable taxes, in accordance with billing terms in effect at
the time the fee or charge becomes payable. Music Fan Clubs
reserves the right to change or add
fees, effective upon published notices. The customer may choose from three (3) forms of
payment: personal check, money order, or credit card.
A. Terms of Payment by Credit Card
Customer must provide Music Fan Clubs with valid credit
card information. The customer must then wait until the credit card payment is processed before
he/she may begin to use the service. Music Fan Clubs will
automatically charge the customer's account each month (on the anniversary date of the initial billing)
for the duration of the service agreement. If the payment cannot be charged to the customer's credit card or if the customer's charge is
returned to Music Fan Clubs for any reason, including charge back, Music Fan Clubs
reserves the right to either suspend or terminate the customer's access and account.
B. Terms of Payment by Check or Money Order
Customer may send check or money order to:
Music Fan Clubs
8650 College Blvd Suite 111
Overland Park, KS 66212
Payment for monthly subscriptions is due before the monthly anniversary of the initial
billing date. Music Fan Clubs reserves the right to
suspend or terminate the account if payment is not received by the due date.
3. SUBSCRIPTION AND TERMINATION INFORMATION
A. The customer may choose from two (2) types of subscriptions:
1. Monthly Music Fan Clubs Membership Terms
If the customer chooses to subscribe to the service monthly, he/she must provide
Music Fan Clubs with a payment no later than
the due date assigned to the customer to assure continued service.
The customer will be provided with a payment due reminder by e-mail at least one (1)
week prior to the due date, provided that the customer has supplied Music Fan Clubs
with a valid e-mail address.
2. Yearly Music Fan Clubs Membership Terms
If the customer chooses to subscribe to the service annually, he/she must provide
Music Fan Clubs with one payment, in full, for a total of
twelve (12) months of uninterrupted service. The customer will be notified by e-mail
at least one (1) week prior the the end of the 12-month period, provided that the
customer has supplied Music Fan Clubs with a valid
e-mail address.
B. Termination of Music Fan Clubs V.I.P. Membership
Music Fan Clubs agrees that it will terminate a customer's
account upon notice from said customer.
1. NO refunds will be given on monthly subscriptions.
2. Yearly subscribers will receive pro-rated refunds by months.
Customer must cancel subscription no later than
one (1) week before a payment due date occurs.
C. Termination of Service
Music Fan Clubs reserves the right to terminate the customer's
account or access rights to this service at any time, without notice, and will notify the
customer by e-mail.
4. ACCOUNT SECURITY
If the customer has reason to believe his/her account is no longer secure, (for example: in the event of a loss,
theft, or unauthorized disclosure or use of the customer's ID, password, or any credit debit
or charge card number stored on the service), the customer must promptly change his/her password and notify Music Fan Clubs
of the problem.
5. MUSIC LIBRARIES & COPYRIGHTED MATERIALS
All copyrighted songs on Music Fan Clubs and The 80s Server are provided
under license agreements with ASCAP and
BMI. All original content created by
Music Fan Clubs or The 80s Server is any songs and/or material is strictly
prohibited unless permission is granted in writing by
Music Fan Clubs .
6. INDEMNIFICATION
The customer agrees to indemnify and hold Music Fan Clubs
harmless from any dispute which may arise from a breach of terms of this agreement.
The customer agrees to hold Music Fan Clubs harmless
from any claims and expenses, including reasonable attorney's fees and court costs,
related to Customer's violation of this Agreement, including the
Rules of Conduct or any information, software or other content
placed on the service.
7. CHOICE OF LAW
This Agreement shall be construed and controlled by the laws of
the State of Kansas. Further, any dispute arising from the
terms of this agreement or a breach of this Agreement will be
governed by the laws of the State of Kansas. Customer agrees
to personal jurisdiction by the state and federal courts sitting
in the State of Kansas.
