Access Securepak - California MP3 Music Program - Terms of Sale

Access Securepak Media Program

Terms of Sale for Permanent Music Downloads

IMPORTANT –

THE TERMS OF SALE FOR PERMANENT DOWNLOADS ("TERMS OF SALE") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” AND “YOUR”) AND KEEFE COMMISSARY NETWORK, L.L.C. d/b/a ACCESS SECUREPAK (“SECUREPAK”, "WE”, "OUR"), A MISSOURI LIMITED LIABILITY COMPANY.

BY PURCHASING PERMANENT DOWNLOADS THROUGH THE SECUREPAK SERVICE YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF SALE, YOU UNDERSTAND THEM, AND YOU AND/OR THE END CONSUMER CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. ALL PERMANENT DOWNLOAD TERMS AND CONDITIONSCONTAINED HEREIN REMAIN IN EFFECT FOR THE LIFE OF THE PLAYER AND/OR MICROSD CARD. THESE TERMS OF SALE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASE OF PERMANENT DOWNLOADS THROUGH THE SECUREPAK SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED IN THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE ANY PERMANENT DOWNLOADS THROUGH THE SECUREPAK SERVICE.

These Terms of Sale apply to Your purchase of Permanent Downloads (as defined below) through SECUREPAK’s correctional storefront offering downloads of digital content (the “SECUREPAK Service”). As used herein, SECUREPAK, includes Keefe Commissary Network, L.L.C., and its divisions, subsidiaries, successors, parent companies, and their directors, managers, officers, employees, partners, principals, agents and representatives, and any third-party providers, licensors or sources of information, data or Permanent Downloads.

SECUREPAK reserves the right, in its sole discretion, to change, add or remove portions of these Terms of Sale at any time and all rights that it may have in law or equity to enforce the these Terms of Sale. It is Your responsibility to check these Terms of Sale each time before purchasing Permanent Downloads through the SECUREPAK Service, and any changes to these Terms of Sale shall apply to any purchases made after such changes are posted. Because the Terms of Sale are binding upon You and govern Your relationship with SECUREPAK, You should review the then current Terms of Sale from time to time.

1. Age Requirements

SECUREPAK does not provide payment facilities or sell Permanent Downloads to children. If You are under the age of 18, You should only use the SECUREPAK Service and access to the Permanent Downloads (as defined herein below) with the involvement of a parent or legal guardian.

2. Permanent Downloads

Certain content made available through the SECUREPAK Service may be downloaded to be used in an electronic storage device in accordance with the terms of these Terms of Sale (“Permanent Downloads”).

All audio Permanent Downloads sold through the SECUREPAK Service are encoded in a MP3 format.

3. Ownership of the Permanent Downloads

Permanent Downloads may be owned by SECUREPAK or its licensors (“Content Owners”), and in all circumstances, You understand and acknowledge that all Permanent Downloads embody the intellectual property of a third party and Your rights with respect to Permanent Downloads are limited by copyright laws.

You agree to comply with all applicable laws in Your use of the Permanent Downloads, including not to make any use of the Permanent Downloads that would infringe the copyright therein, and to protect the applicable Content Owner’s rights therein.

You agree that you will not attempt to modify any Permanent Downloads obtained through the SECUREPAK Service for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Permanent Downloads.

4. Usage Rules and Restrictions

Upon payment of the Permanent Download Fee, SECUREPAK grants You a non-exclusive, non-transferable right to use the Permanent Download in accordance with the following rules and subject to the provisions of these Terms of Sale.

a.Your use of any Permanent Downloads purchased via the SECUREPAK Service is conditional upon Your prior acceptance of these Terms of Sale including, without limitation, the Usage Rules set out therein.

b.Permanent Downloads will be provided in an encrypted form which restricts playback to only the latest secure MP3 player associated with the particular inmate for whom the Permanent Download is purchased. With each Permanent Download purchase, both new and appropriate previous Permanent Downloads will be encrypted on a new microSD card and sent to the inmate. In the case that the particular inmate’s player is upgraded, repaired or replaced, any prior Permanent Downloads will only be provided for up to a combination of three such events of upgrade, repair or replacement.

c.Once released the inmate may elect to use the MP3 Player Deinstitutionalization process for their most recently purchased MP3 player.

a.The player must be operational and must include a microSD card of sufficient size in order to deinstitutionalize it. Please see the player’s Quick Start Guide for additional details on the deinstitutionalization process. Players being deinstitutionalized should be sent to Access Securepak MP3 Deinstitutionalization Service, P.O. Box 50028 Sparks, NV 89435-0028 along with the fee and in accordance with required procedures set forth in the Quick Start Guide.

b.Once deinstitutionalized, the player will have publicly available firmware and therefore can communicate with personal computers. The Permanent Downloads will be provided on the microSD card in an unencrypted format. Future purchases will no longer include previously purchased Permanent Downloads that were delivered unencrypted by the deinstitutionalization process.

d.Any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, promotion, commercial use, sale, transfer, assignment or other use of the Permanent Downloads provided through the SECUREPAK Service, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, is a violation of copyright law and expressly prohibited without the prior written consent of the Content Owner.

e.You understand that once You have purchased and received a Permanent Download it is Your sole responsibility not to lose, damage or otherwise destroy the Permanent Download and SECUREPAK shall have no liability to You for any such loss, damage or destruction.

5. Permanent Download Fees

Permanent Downloads may be purchased individually. Each purchase of a Permanent Download shall be deemed a final, nonrefundable sale.

SECUREPAK reserves the right to change prices without notice for future purchases of Permanent Downloads offered on the SECUREPAK Service at any time.

6. Payment Method and Terms

All requests for Permanent Downloads (including any applicable taxes) will be made via a Special Purchase Order (SPO). SECUREPAK’s SPO program allows for orders to be placed via website, phone or mail. Payment via credit card, money order or institutional check is accepted.

7. Cancellation Policy

All sales of Permanent Downloads are final. Once an order has been submitted to Securepak You will not be allowed to cancel that order and therefore no refunds will be issued.

8. Taxes

You will be responsible for any applicable sales tax, use tax or any other governmental taxes or fees applicable to your purchase of Permanent Downloads. Any applicable sales tax will be collected at order entry.

9. Your Representations and Warranties

You represent, warrant and undertake that:

a.You are using the SECUREPAK Service hereunder for Your own personal, non-commercial entertainment use and not for redistribution of any kind.

b.You will not distribute, transmit, broadcast, publicly perform or publicly display, rent, lend, modify, adapt, edit, assign, sell, license or sub-license, or otherwise transfer or use any copies of Permanent Downloads obtained through the SECUREPAK Service.

c.You are not granted any synchronization, promotional, public performance, commercial sale, resale, reproduction or distribution rights in the Permanent Download.

d.You acknowledge and agree that the Permanent Download contains the intellectual property of a third party and is protected by law.

e.You shall not use the Permanent Download except as authorized under these Terms of Sale.

f.You shall not infringe the intellectual property rights of any third party in and to the Permanent Download and any related content and shall comply with all applicable laws in relation to Your use.

g.In consideration of Your use of the SECUREPAK Service, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

h.All information about yourself you provide to us though the SECUREPAK Service is true, accurate, current and complete.

10. Indemnification

You hereby agree to indemnify, defend and hold harmless SECUREPAK, Content Owners, third-party Licensors, and their respective officers, directors, managers, agents, employees, representatives, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability, losses, damages and costs (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of: (i) Your use of the Permanent Downloads that violate any applicable law, including without limitation that it infringes or otherwise violates the rights of a third party; and (ii) any breach of or non-compliance with any of Your representations, warranties or obligations contained in these Terms of Sale.

You shall cooperate as fully as reasonably required in the defense of any claim. SECUREPAK reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

11. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU ACKNOWLEDGE AND AGREE THAT THE SECUREPAK SERVICE INCLUDING ALL PERMANENT DOWNLOADS AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THE SECUREPAK SERVICE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM SECUREPAK OR ANY CONTENT OWNERS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SECUREPAK AND ALL CONTENT OWNERS DISCLAIM ALL WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SECUREPAK NOR ANY CONTENT OWNERS WARRANTS THAT THE SECUREPAK SERVICE OR ANY PERMANENT DOWNLOADS, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SECUREPAK SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

NEITHER SECUREPAK NOR ANY CONTENT OWNERS WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND ARISING FROM THE USE OF THE SECUREPAK SERVICE OR FROM PERMANENT DOWNLOADS, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SECUREPAK SERVICE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC PERMANENT DOWNLOAD GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND TO THE MAXIMUM AMOUNT PERMITTED BY LAW, SECUREPAK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

13. Miscellaneous

SECUREPAK reserves the right to modify these Terms of Sale at any time. You will be subject to the policies and Terms of Sale at the time you use the SECUREPAK service or order a Permanent Download, unless any change to those policies or conditions is required by law. Administering the usage rules entails the ongoing involvement of and/or monitoring by SECUREPAK and/or its licensors. Availability of any Permanent Download is subject to change at any time without notice to You.

You agree that your purchase and downloading of Permanent Downloads and use of information related to the Permanent Downloads is further acknowledgement of your acceptance of and agreement to use such Permanent Downloads solely in accordance with the applicable usage rules, and that any other use of Permanent Downloads will constitute a breach of these Terms of Sale and may constitute a violation of law, including copyright infringement.

The Content Owners are intended beneficiaries of these Terms of Sale and shall have the right to enforce these Terms of Sale against you. SECUREPAK and the Content Owners reserve all rights that they may have in law or equity to enforce the terms of these Terms of Sale or the use of the Permanent Downloads.

With respect to any claim or controversy arising out of these Terms of Sale, you irrevocably: (i) consent and submit exclusively to the jurisdiction of the courts of the State of Missouri, County of St. Louis, or if it has or can acquire jurisdiction, the United States District Court for the Eastern District of Missouri, Eastern Division, (ii) waive, and agree not to assert, as a defense in any action for the interpretation or enforcement hereof, that it is not subject thereto or that such action may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this Agreement may not be enforced in or by such courts, (iii) agree that all claims with respect to such action or proceeding shall be heard and determined in such Missouri state or federal court; and agree that this Agreement shall be governed by, interpreted and construed in accordance with, the laws of the State of Missouri, without regard to any conflicts of law.

Violations

Please report any violations of these Terms of Sale to our customer service department at customerservice@californiaqp.com.