FEM RECORDS TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FEM RECORDS STATING THE TERMS THAT GOVERN YOUR USE OF THE FEM RECORDS STORE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF FEM RECORDS' RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND FEM RECORDS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND FEM RECORDS MAY REFUSE ACCESS TO THE FEM RECORDS WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. BY USING THE FEM RECORDS STORE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.

1. The FEM Records Store.
FEM Records is the provider of the FEM Records Download Service that permits you to purchase downloads of digital content including without limitation sound recordings, audio-visual material, software and data files - under certain terms and conditions as set forth in this Agreement. FEM Records also provides internet-based retail sales of physical music products, merchandise, and various other products. Collectively these services are known as the FEM Records Store.

2. Age requirements for use of the FEM Records Store.
This FEM Records Store is available for individuals aged 18 years or older. If you are under 18, you may use this FEM Records Store only with the involvement of a parent or guardian.

3. Objectionable Material.
You understand that by using the FEM Records Store, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the FEM Records Store at your sole risk and that FEM Records shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

4. Policies and Rules.
Your use of the FEM Records Store and purchases made through it are subject to FEM Records' Sales Policy below and any end-user agreements or other terms and conditions required for use of the FEM Records Store, all of which are hereby made a part of this Agreement. If you have not already read FEM Records' Sales Policy, you should do so now.

5. FEM Records' Privacy Policy.
Except as otherwise expressly provided for in this Agreement, the FEM Records Store is subject to FEM Records' Privacy Policy which is expressly made a part of this Agreement. If you have not already read FEM Records' Privacy Policy, you should do so now.

6. Your Information.
You agree to provide accurate, current, and complete information required to register with the FEM Records Store and at other points as may be required in the course of using the FEM Records Store ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. FEM Records may terminate your rights to any or all of the FEM Records Store if any information you provide is false, inaccurate or incomplete. You agree that FEM Records may store and use the Registration Data you provide for use in maintaining your account.

7. User Account and Security.
a. Account and Password.
As a registered user of the FEM Records Store, 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 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 FEM Records of any unauthorized use of your Account or any other breach of security. FEM Records shall not be responsible for any losses arising out of the unauthorized use of your Account.

b. Security.
You understand that the FEM Records Store, and products purchased through the FEM Records Store, such as sound recordings and related artwork ("Products"), are protected by Copyright law and limits your usage of Products to certain usage rules established by FEM Records ("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 FEM Records for compliance purposes, and FEM Records reserves the right to enforce the Usage Rules with or without notice to you. You will not access the FEM Records Store by any means other than through the website that is provided by FEM Records for accessing the FEM Records Store. You shall not access or attempt to access an Account that you are not authorised to access. You agree not to modify the website in any manner or form, for any purposes including obtaining unauthorized access to the FEM Records Store. Violations of system or network security may result in civil or criminal liability.

8. Agreement to Pay.
a.Payment for Products.
You agree to pay for all Products you purchase through the FEM Records Store, and that FEM Records may charge you 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 FEM RECORDS WITH A VALID CREDIT CARD OR OTHER VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment method you designate during the purchase process.

b. Right to Change Prices and Availability of Products.
Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts.
Your use of the FEM Records Store 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 ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

9. Intellectual Property.
a. Acknowledgement of Ownership.
You agree that the FEM Records Store, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by FEM Records and/or its artists, 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 FEM Records Store in compliance with the terms of this Agreement. No portion of the FEM Records Store 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 FEM Records Store, in any manner, and you shall not exploit the FEM Records Store in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of FEM Records Content or Other Materials.
Notwithstanding any other provision of this Agreement, FEM Records and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the FEM Records Store at any time without notice. In no event will FEM Records be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. FEM Records may also impose limits on the use of or access to certain features or portions of the FEM Records Store, in any case and without notice or liability.

c. Copyrights.
All copyrights in and to the FEM Records Store, including but not limited to, the FEM Records website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by FEM Records and/or its artists. THE USE OF THE WEBSITE OR ANY PART OF THE FEM RECORDS STORE, EXCEPT FOR USE OF THE FEM RECORDS STORE AS PERMITTED IN THESE TERMS OF FEM RECORDS STORE, 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.
FEM Records, the FEM Records logo, and other FEM Records trademarks, service marks, graphics, and logos used in connection with the FEM Records Store are trademarks or registered trademarks of FEM Records in Tennessee, U.S.A. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the FEM Records Store 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.

10. Termination.
a. Termination by FEM Records. If you fail, or FEM Records 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 FEM Records with a valid payment method or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, FEM Records, at its sole discretion, without notice to you may 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 preclude access to the FEM Records Store (or any part thereof).

b. Termination of the FEM Records Store.
FEM Records reserves the right to modify, suspend, or discontinue the FEM Records Store (or any part or content thereof) at any time with or without notice to you, and FEM Records will not be liable to you or to any third party should it exercise such rights.

11. General Compliance with Laws.
The laws of Tennessee govern these Terms and your use of the FEM Records Store. Your use of the FEM Records Store may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with FEM Records or relating in any way to your use of the FEM Records Store resides in the courts of Tennessee.

12. Enforcement of These Terms.
FEM Records reserves the right to takes steps FEM Records believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FEM Records' right to cooperate with any legal process relating to your use of the FEM Records Store and/or Products, and/or a third party claim that your use of the FEM Records Store and/or Products is unlawful and/or infringes such third party's rights). You agree that FEM Records 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 FEM Records believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FEM Records' right to cooperate with any legal process relating to your use of the FEM Records Store and/or Products, and/or a third party claim that your use of the FEM Records Store and/or Products is unlawful and/or infringes such third party's rights).

13. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the FEM Records Store may include materials from third parties. In addition, FEM Records may provide links to certain third party websites. You acknowledge and agree that FEM Records is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. FEM Records 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.

14. Disclaimer of Warranties; Liability Limitations.
a. FEM RECORDS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FEM RECORDS STORE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FEM RECORDS MAY REMOVE THE FEM RECORDS STORE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE FEM RECORDS STORE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE FEM RECORDS STORE IS AT YOUR SOLE RISK. THE FEM RECORDS STORE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE FEM RECORDS STORE ARE (EXCEPT AS EXPRESSLY STATED BY FEM RECORDS) 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 FEM RECORDS, 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 CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FEM RECORDS STORE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR JURISDICTIONS, FEM RECORDS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. FEM RECORDS 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 FEM Records HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. FEM RECORDS DOES NOT REPRESENT OR GUARANTEE THAT THE FEM RECORDS STORE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FEM RECORDS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

15. Waiver and Indemnity.
BY USING THE FEM RECORDS STORE, YOU AGREE TO INDEMNIFY AND HOLD FEM RECORDS, 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 FEM RECORDS STORE, OR ANY ACTION TAKEN BY FEM RECORDS 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 FEM RECORDS, 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 FEM Records STORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FEM RECORDS' 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.

16. Changes.
FEM Records 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 FEM Records Store. 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 FEM Records Store following 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.

17. Notices.
FEM Records may send you notice with respect to the FEM Records Store by sending an email message to the email address listed in your FEM Records Account contact information, by sending a letter via postal mail to the contact address listed in your FEM Records Account contact information, or by a posting on the FEM Records website. Notices shall become effective immediately.

18. Miscellaneous.
These Terms of FEM Records Store constitute the entire agreement between you and FEM Records and govern your use of the FEM Records Store, superseding any prior agreements between you and FEM Records. 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 FEM Records Store 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. FEM Records' failure to enforce any right or provisions in these Terms of FEM Records Store will not constitute a waiver of such provision, or any other provision of these Terms of FEM Records Store. 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. FEM Records will not be responsible for failures to fulfill any obligations due to causes beyond its control.

SALES POLICY

1. GENERAL TERMS
No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an email to you confirming that we have accepted your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the email to you (whether or not you receive that email). This confirmation email amounts to an acceptance by us of your offer to buy products from us or a 3rd party supplier that is engaged on your behalf by us.

2. DIGITAL SALES POLICY
i. Sales to End Users
The FEM Records website sells products to end user customers only.

ii. Digital Refund Policy
All Sales are final.

iii. Delivery of Products.
On occasion, technical 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, or refund of the purchase price paid for such Product, as determined by FEM Records.

iv. Products Requirements.
You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and FEM Records shall be without liability to you in the event of any loss, destruction, or damage.

v. Use of Products.
You acknowledge that copyright laws limit your usage of Products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.

3. DOWNLOAD USAGE RULES
i. Personal Use
You shall be authorized to use the Products only for personal, noncommercial use.

ii. Copies
You shall be authorized to store as unlimited copies of the Product on any media, provided that these copies are for personal non-commercial use only. The Product or copies of the Product may not be resold or streamed either for profit or non-profit use,

iii. Export, ‘Burning’, Copies
You shall be entitled to export, burn (write the Product onto A CD or other physical media) or copy Products solely for personal, noncommercial use.

iv. No Waiver of Copyright
Any burning or exporting capabilities are solely an accommodation to you 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 Product.

v. Security Technology.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the FEM Records Store or used to administer the Usage Rules.

vi. Exclusion of Commercial or Promotional Rights
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

vii. Acceptance of Usage Rules
You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. FEM Records reserves the right to modify the Usage Rules at any time.

4 PHYSICAL SALES POLICY
i. Orders
When placing an order for any physical products from the Website, you will state, and shall also at the same time confirm to us, at your own risk, your home address, telephone number, delivery requirements and selected payment method together with such other details that may be requested at that time from you by us. Any orders received by us after 6:00PM Central Time shall be deemed to be received the following working day.

ii. Cancellation
You may cancel your order at any time prior to your order being dispatched by emailing us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it ensuring that you quote your name, address and order reference number or by telephoning (615) 773-2959 between 10am and 6pm Central Time, Monday to Friday.

iii. Our Returns Policy
Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies:

iv. Damaged or Defective Goods
In the unlikely event that you receive products which are damaged or defective, we shall, at our own option, either replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 28 working days of delivery of the products and that you return the products in the same condition that you received them. Please note that FEM Records Limited cannot accept returned goods that are returned in a condition different from that in which they were dispatched to you. FEM Records Limited will not be able to give a refund if the goods returned are not received and for your protection we recommend that you return any items via recorded delivery.

v. Our Mistake
If items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge if the items are available at the time the request is made, whichever you prefer. Please note that when you place your order, a label is automatically generated from the address you have typed into your account details, so you are responsible for getting this right. If you get your address wrong and do not notify us before the order is sent, we cannot refund the postage costs. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us.

vi. Your Mistake
If items are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the post office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the postage and packaging charge again.

vii. Acceptance of Terms
All orders are made subject to acceptance by you of these terms and conditions and fulfilment of any order is subject to availability and acceptance by us of your order. We are under no obligation to accept any customer order.

iix. Order Progress
You can check the progress of your order by visiting the "My Account" section of the Websites.

PAYMENT METHODS
FEM Records accepts credit cards and Paypal as forms of payment. Billing to your credit card occurs at the time of purchase.

PLEASE NOTE:
Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit card issues, please ensure all data 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 card.

PRICES
FEM Records endeavors to offer you competitive prices on current selections. Your total price will include the price of the product plus any applicable shipping and handling fees. FEM Records reserves the right to change prices for products offered at the FEM Records website at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

FOR ASSISTANCE WITH ORDERS
Please send us an email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We will make every effort to respond to your inquiry within 24 business hours.

OTHER TERMS AND CONDITIONS
FEM Records is not responsible for typographic errors.

FEM Records reserves the right to change the terms and conditions of sale at the FEM Records website at any time. Customers are encouraged to review the Sales Policies on a periodic basis for modifications.