Last modified: November 30, 2011
The Cause.fm Terms of Service provides the rules for using the Cause.fm service and the terms for purchasing music from it, payment methods, and billing.
Terms of Service
The legal agreements set out below govern your use of the Cause.fm service. To agree to these terms, click “Agree.” If you do not agree to these terms, do not click “agree,” and do not use the Cause.fm service.
1. Terms of Sale
Payments, Taxes, and Refund Policy
The Cause.fm service accepts these forms of payment: credit cards issued by U.S. banks. If a credit card is being used for a transaction, Cause.fm may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.
You agree that you will pay for all products you purchase through the Cause.fm service, and that Cause.fm may charge your credit card for any products purchased and for any additional amounts (including any taxes, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Cause.fm WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES.
All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your information online at the Cause.fm website; this may temporarily disrupt your access to the Cause.fm service while Cause.fm verifies your new payment information.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.
For every product sold, Cause.fm agrees to make a donation to the non-profit organization listed with the product in the amount designated by the artist. Cause.fm makes these donations from its revenue on a quarterly basis, and is not collecting donations on behalf of any Charity. Cause.fm is not an agent of any Charity or non-profit organization.
All sales of products are final.
Prices for products offered via the Cause.fm service may change at any time, and the Cause.fm service does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Cause.fm.
Your use of the Cause.fm service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Cause.fm is not responsible for typographic errors.
Cause.fm is the provider of the Cause.fm service, which permits you to purchase digital content (“Cause.fm Products”) for end user use only under the terms and conditions set forth in this Agreement.
Requirements for Use of the Cause.fm Service
The Cause.fm service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
The Cause.fm service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Cause.fm service from outside these locations. Cause.fm may use technologies to verify your compliance.
Use of the Cause.fm service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Cause.fm service and may be required for certain transactions or features and to download Cause.fm Products previously purchased from the Cause.fm service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Cause.fm service is 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 Cause.fm service.
As a registered user of the Cause.fm service, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Cause.fm of any security breach of your Account. Cause.fm shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download Cause.fm Products from the Cause.fm service, you must enter your Cause.fm username and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for fifteen minutes. During this time, you will be able to use Cause.fm without re-entering your password. If you are using a stored payment method for a purchase, you will need to re-enter your password at the time of purchase.
You agree to provide accurate and complete information when you register with, and as you use, the Cause.fm Service (“Cause.fm Registration Data”), and you agree to update your Cause.fm Registration Data to keep it accurate and complete. You agree that Cause.fm may store and use the Cause.fm Registration Data you provide for use in maintaining and billing fees to your Account.
Cause.fm reserves the right to change content options (including eligibility for particular features) without notice.
Use of Purchased Content
You agree that the Cause.fm Service and certain Cause.fm Products may include security technology that limits your use of Cause.fm Products and that, whether or not Cause.fm Products are limited by security technology, you shall use Cause.fm Products in compliance with the applicable usage rules established by Cause.fm and its licensors (“Usage Rules”), and that any other use of the Cause.fm Products may constitute a copyright infringement. Any security technology is an inseparable part of the Cause.fm Products. Cause.fm reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Cause.fm for compliance purposes, and Cause.fm reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Cause.fm Service by any means other than through software that is provided by Cause.fm for accessing the Cause.fm Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Cause.fm Service. Violations of system or network security may result in civil or criminal liability.
i. You shall be authorized to use Cause.fm Products only for personal, noncommercial use.
ii. The delivery of Cause.fm Products does not transfer to you any commercial or promotional use rights in the Cause.fm Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Cause.fm Product.
iii. You acknowledge that, because some aspects of the Cause.fm service, Cause.fm Products, and administration of the Usage Rules entails the ongoing involvement of Cause.fm, if Cause.fm changes any part of or discontinues the Cause.fm service, which Cause.fm may do at its election, you may not be able to use Cause.fm Products to the same extent as prior to such change or discontinuation, and that Cause.fm shall have no liability to you in such case.
Certain content, Cause.fm Products, and services available via the Cause.fm service may include materials from third parties. Cause.fm may provide links to third-party websites as a convenience to you. You agree that Cause.fm is not responsible for examining or evaluating the content or accuracy and Cause.fm does not warrant 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. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Cause.fm is not in any way responsible for any such use by you.
You understand that by using the Cause.fm service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Cause.fm service at your sole risk and Cause.fm shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Cause.fm Product types and descriptions are provided for convenience, and you agree that Cause.fm does not guarantee their accuracy.
You agree that the Cause.fm service, including but not limited to Cause.fm Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Cause.fm service, contains proprietary information and material that is owned by Cause.fm and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Cause.fm service in compliance with this Agreement. No portion of the Cause.fm service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Cause.fm service in any manner, and you shall not exploit the Cause.fm service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Cause.fm and its licensors reserve the right to change, suspend, remove, or disable access to any Cause.fm Products, content, or other materials comprising a part of the Cause.fm service at any time without notice. In no event will Cause.fm be liable for making these changes. Cause.fm may also impose limits on the use of or access to certain features or portions of the Cause.fm service, in any case and without notice or liability.
All copyrights in and to the Cause.fm service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Cause.fm and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE Cause.fm SERVICE, EXCEPT FOR USE OF THE Cause.fm SERVICE AS PERMITTED IN THIS AGREEMENT, 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.
Cause.fm, the Cause.fm logo, and other Cause.fm trademarks, service marks, graphics, and logos used in connection with the Cause.fm service are trademarks or registered trademarks of Cause.fm LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Cause.fm 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.
If you fail, or Cause.fm suspects that you have failed, to comply with any of the provisions of this Agreement, Cause.fm, 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) terminate the license to the software; and/or (iii) preclude access to the Cause.fm service (or any part thereof).
Cause.fm reserves the right to modify, suspend, or discontinue the Cause.fm service (or any part or content thereof) at any time with or without notice to you, and Cause.fm will not be liable to you or to any third party should it exercise such rights.
Disclaimer of Warranties; Liability Limitation
Cause.fm DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Cause.fm SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Cause.fm MAY REMOVE THE Cause.fm SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Cause.fm SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Cause.fm SERVICE IS AT YOUR SOLE RISK. THE Cause.fm SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE Cause.fm SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY Cause.fm) 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.
IN NO CASE SHALL Cause.fm, 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 Cause.fm SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE Cause.fm SERVICE, 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 CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Cause.fm 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, Cause.fm’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Cause.fm SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE Cause.fm SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Cause.fm HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Cause.fm DOES NOT REPRESENT OR GUARANTEE THAT THE Cause.fm SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Cause.fm DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY Cause.fm PRODUCTS PURCHASED OR RENTED FROM THE Cause.fm STORE.
Waiver and Indemnity
BY USING THE cause.fm SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD cause.fm, 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 cause.fm SERVICE, OR ANY ACTION TAKEN BY cause.fm 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 cause.fm, 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 cause.fm SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF cause.fm’S 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.
Cause.fm reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Cause.fm service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Cause.fm service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Cause.fm and governs your use of the Cause.fm service, superseding any prior agreements between you and Cause.fm. 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. Cause.fm’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Cause.fm will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Cause.fm service is operated by Cause.fm 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 Cause.fm service. All transactions on the Cause.fm service are governed by Arizona law, without giving effect to its conflict of law provisions. Your use of the Cause.fm service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Cause.fm or relating in any way to your use of the Cause.fm service resides in the courts in the State of Arizona. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Arizona upon electronic transmission to the recipient. No Cause.fm employee or agent has the authority to vary this Agreement.
Cause.fm may notify you with respect to the Cause.fm service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Cause.fm service. Notices shall become effective immediately.
Cause.fm reserves the right to take steps Cause.fm believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Cause.fm 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 Cause.fm believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Cause.fm’s right to cooperate with any legal process relating to your use of the Cause.fm service and/or Cause.fm Products, and/or a third-party claim that your use of the Cause.fm service and/or Cause.fm Products is unlawful and/or infringes such third party's rights).