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Walmart.com
Music Downloads
Welcome to Walmart.com Music Downloads. This End User License Agreement is a
legal agreement ("the Agreement") between you and Wal-Mart.com USA, LLC ("Walmart.com") stating the terms that govern your use of Walmart.com Music
Downloads (the "Service"). Please read the entire Agreement
carefully. You must accept and abide by the terms of the Agreement as
presented in order to use the Service. Changes, additions, deletions or
counteroffers will not be accepted.
Walmart.com may from time to time amend, supplement or modify the terms of
this Agreement. It is your responsibility to check this End User License
Agreement (available in the Music Downloads Help section) periodically for
changes. Your continued use of the Service following the posting of changes
will mean that you accept and agree to the changes. If you do not agree to be
bound by the Agreement as amended, you must stop using the Service.
1. Terms of Use and Privacy Policy.
Your use of the Service and purchases made through it are subject to the
provisions of this Agreement and of Walmart.com's general Terms of Use, which
can be viewed by clicking here.
If you have not already read the general Terms of Use you should do so now.
The general Terms of Use are incorporated into, and made a part of, this
Agreement. By agreeing to be bound by the terms of this Agreement, you also
agree to be bound by the general Terms of Use.
Except as otherwise expressly provided for in this Agreement, the Service is
subject to Walmart.com's Privacy Policy, which is incorporated into and made
a part of this Agreement. You may access the Privacy Policy by clicking here.
If you have not already read the Privacy Policy, you should do so now.
Although Walmart.com uses commercially reasonable efforts to protect the
security of your information, Walmart.com cannot guarantee that any
information sent via the Internet will not be read or intercepted by others,
even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
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2. Your Information.
You agree to provide accurate, current, and complete information required to
register with the Service and at other times as may be required in the course
of using the Service ("Registration Data"). You further agree to
maintain and update your Registration Data as required to keep it accurate,
current, and complete. Walmart.com may terminate your right to use any or all
of the Service if any information you provide is false, inaccurate or
incomplete as determined by Walmart.com in its sole discretion. You agree
that Walmart.com may store and use the Registration Data you provide
(including credit card information) for use in providing the Service,
including but not limited to, maintaining and collecting your accounts and
billing fees to your credit card. Walmart.com's use of your Registration Data
is subject to the terms of our Privacy Policy.
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3. User Account and Service Security.
Account and Password. As a registered user of the Service, 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, and must not
use, or attempt to access or use anyone else's Account. You are entirely
responsible for all purchases and other activities that occur on or through
your Account, and you agree to immediately notify Walmart.com of any
unauthorized use of your Account or any other breach of security. Walmart.com
shall not be responsible for any losses arising out of unauthorized use of
your Account.
Walmart.com will obtain your consent before allowing the download of any
software from the Walmart.com Site, and Walmart.com will not automatically
download any software to your computer system. Once you consent to the
initial download of any software, you may receive automatic updates or
patches pertaining to such software. You understand and agree that any
material, including but not limited to downloaded software, required or
automated updates, modifications, reinstallations, or software otherwise
obtained through the use of the Walmart.com web Site is done at your own
discretion and risk and that you will be solely responsible for any damages to
your computer system or loss of data that may result from any such material.
Security. You understand that the Service, and products purchased
through the Service, such as music, video and other copyrightable materials
("Products"), may include a security framework using technology
that protects digital information and imposes usage rules established by
Walmart.com and its licensors ("Usage Rules"). The Usage Rules are
part of this Agreement and may be directly accessed by clicking here. You agree that your purchase of Products
constitutes your agreement to use such Products solely in accordance with the
Usage Rules, and that any other use of the Products may result in civil or
criminal liability. Walmart.com reserves the right to modify the Usage Rules
at any time. Your compliance with the Usage Rules may be monitored by
Walmart.com, and Walmart.com reserves the right to enforce the Usage Rules
with or without notice to you.
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4. Technical Requirements.
Product and Service Requirements. You acknowledge that use of Products
requires other hardware and software tools (e.g., for making copies of Products
on physical media and rendering performance of Products on digital player
devices), and that such hardware and software is your sole responsibility.
Once a Product is downloaded, and you receive it, Walmart.com shall be
without liability or obligation to you in the event of its loss, destruction,
or damage. Before using the Service to purchase Products, you will have to
install a software program that is used to compress and decompress
("codec") music files. Walmart.com reserves the right to change at any
time, with or without prior notice to you, the software required to download,
transfer, copy and use or limit use of the Products.
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5. Usage Rules.
You are entitled to download, export, burn or copy Products solely for
personal, noncommercial entertainment use in accordance with the terms of
this Agreement. Any burning or exporting capabilities are solely an
accommodation to you and shall not constitute a grant or waiver of any rights
of the copyright owners in any Product or in any content, sound recording,
underlying musical composition, artwork or other copyrightable matter
embodied in any Product. No right, title or interest in any downloaded
Products or software is transferred to you as a result of any downloading or
copying or otherwise. All rights in the Products are owned by Walmart.com or
its licensors and you have only a limited, nontransferable, nonexclusive,
revocable, nonsublicensable right to use the Products for personal use in
accordance with the terms of this Agreement.
You may not reproduce (except as noted above), share, transfer, publish,
transmit, distribute, display, broadcast, re-broadcast, publicly perform,
rent or lend, modify, edit, create derivative works from, sell or participate
in any sale of or exploit in any way, in whole or in part, directly or
indirectly, any of the Products or the materials contained therein, the
Service or any related software. You may not reverse engineer, decompile,
disassemble, modify, disable or otherwise tamper with any of the security
components, special rules or other protection applications for any reason
whatsoever, including without limitation, any copy protection or use
limitation systems associated with the Products. You may not play and then
re-digitize any Products, or upload those Products to the Internet. You may
not use the Products in conjunction with any other third-party content (e.g.,
to provide sound for a film). Your purchase of the Product does not also
include any uses of the Product that implicate or require synchronization
rights or public performance rights or print publishing rights which would
need to be obtained and/or paid by you with respect to the musical
composition embodied in the Product. You may not use any Products as musical
"ringers" in connection with mobile devices. You may not sell or
offer to sell the Products, including but not limited to, posting any Product
for auction, on any Internet auction site. You may not infringe the rights of
the copyright owners of the Products and you agree to comply with all the
laws in your use of the Products. All Products are sublicensed to you and not
sold, notwithstanding the use of the terms "sell,"
"purchase," "order," or "buy" on the Service or
in this Agreement.
Album cover artwork and/or
graphics are at all times subject to all rules and restrictions applicable to
Products, including all Usage Rules in this Section 5, and no such display
shall confer any rights upon you for reproduction or use of the artwork and
graphics.
Subject to the terms hereof, you may play, transfer, backup, store and burn Products
as much as reasonably necessary for personal, non-commercial use on an
unlimited number of personal computers or portable devices.
All files are provided for
your own personal entertainment use and not for redistribution of any kind.
Any other copying is expressly prohibited.
WITHOUT LIMITING ANY PROVISION HEREIN, WALMART.COM MAKES NO WARRANTY THAT ANY
PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE
SERVICE OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL FUNCTION IN
ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR
RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
The delivery of a Product does not transfer to you any commercial or
promotional use rights in the Product.
Security Technology. You acknowledge that certain Products may contain
security technology that limits your use of Products in accordance with the
Usage Rules.
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6. Order Acceptance Policy; Changes to the Service;
Other Restrictions.
Order Acceptance Policy. All Sales are final and all charges from
those sales are nonrefundable, except as otherwise set forth in this
Agreement. There may be certain orders that we do not accept and/or must
cancel. Walmart.com's Order Acceptance Policy is explained in our general
Terms of Use, and may be accessed by clicking here.
Walmart.com is a reseller to you and does not accept orders from music
dealers, exporters, wholesalers, any businesses of any kind or other
customers who intend to resell.
Changes to the Service. Walmart.com and/or the owners of the Content,
may from time to time, remove Content from the Service without notice.
In addition, the following restrictions apply to your purchase:
Age Requirement for use of the Service. The Service is available only
for individuals who are eighteen (18) years of age. Walmart.com is relying on
your representation that you are at least 18 years of age; Walmart.com would
not enter this Agreement with you and would not allow you to access the
Service but for your representation that you are at least 18 years of age. If
you are under the age of 18 but at least 13 years of age, you may use the
Service only under the supervision of a parent or legal guardian who agrees
to be bound by this Agreement. Walmart.com does not intentionally or
knowingly collect personal information about children under the age of 13.
Children under the age of 13 may not use the Service and parents or legal
guardians may not enter into to this Agreement on their behalf. If you are a
parent or legal guardian entering into to this Agreement for the benefit of a
child between the ages of 13 and 18, be advised that you are fully
responsible for his or her use of the Service, including all financial
charges and legal liability that he or she may incur. If you do not agree to
(or cannot comply with) any of these terms and conditions, do not use the
Service.
Territory. Purchases from the Service are available only in the United States and are not available in any other location. You agree not to use or attempt
to use the service from outside of the available territory. Walmart.com may
use technologies to verify your compliance. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic
transmission or otherwise, any content or software subject to restrictions
under such laws to a national destination or person prohibited under such
laws.
Usage Rules. You must use the Product(s) in accordance with the Usage
Rules set forth in Section 5 above.
Download within 90 days. You must download the Product within 90 days
of purchase. After 90 days, the Product will no longer be available for you
to download. There is no refund for Products that are not downloaded
within 90 days.
First play within 120 days. You must play the Product for the first
time within 120 days of purchase. After 120 days, if you have not yet played
the Product, the license file that is required to play the Product will no
longer be available. There is no refund for Products that are not played
for the first time within 120 days.
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7. Agreement to Pay.
Payment for Products. You agree to pay for all Products you purchase
through the Service, and that Walmart.com is authorized to bill your chosen
payment method 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 Walmart.com with a valid payment method for
payment of all fees. All fees will be billed to the payment method you
designate during the registration process. If you want to designate a
different payment method or if there is a change in your credit or debit card
status, you must change your credit or debit card information online at the
Account Info section of the Service. (There may be a temporary disruption of
your access to the Service until Walmart.com can verify the validity of the
new credit or debit card information.)
Electronic Signatures and Contracts. Your use of the Service 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 such agreements and to pay for such purchases. Your
agreement and intent to be bound by electronic submissions applies to all
transactions you enter into on this Service, including notices of
cancellation, policies, contracts, and applications.
Payment Methods. The Service currently accepts major credit cards,
Visa or MasterCard branded debit cards, and Wal-Mart Gift cards as a form of
payment. If using a credit or debit card, Walmart.com obtains a pre-approval
from the issuing bank at the time your order is placed. Your credit or debit
card will be billed when the Product is "shipped". For purposes of
the Service, an order will be deemed "shipped" when the link for
the Product download is presented to you. Walmart.com may bill your chosen
payment method after each individual Product is shipped, or may aggregate
multiple purchases you make through the Service into a single charge to your
account. We are unable to accept credit or debit cards issued by banks
outside of the United States. Debit cards and credit cards have daily
spending limits that may prevent the processing of your order. If a purchase
has been declined online due to credit or debit card issues, please review
the data you have entered to ensure it 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 or debit card, gift card, or check.
Sales Tax. Walmart.com Music Download purchases will include any
applicable sales tax based on the bill-to address and the sales tax rate in
effect at the time of purchase. If the sales tax rate for the billing address
changes before the Product is purchased, the new tax rate in effect at the
time of purchase will apply. We will only charge tax in states and localities
where music downloads are taxable. No customers are eligible for tax
exemptions for purchases made on the Service.
Prices. Walmart.com reserves the right to change prices for Products
offered on the Service at any time.
Customer Service. For assistance with billing questions or other order
inquiries, please refer to our online support page by clicking here. If you cannot find the answers you are
seeking, you can contact us via telephone at 1-800-222-8132, seven days a week, from 8 AM to 10:00 PM CST, or via email anytime at musicdownloads@walmart.com.
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8. Delivery of Product.
Walmart.com makes every effort to provide a broad music offering. For this
reason, Walmart.com reserves the right to change music options without
notice.
On occasion, technical and other 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 Walmart.com.
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9. Intellectual Property.
Acknowledgement of Ownership. You agree that the Service, including
without limitation all software, technology, web sites, text, graphics, user
interfaces, visual interfaces, photographs, trademarks, trade dress, logos,
sounds, music, artwork, compilation of content, postings, links to other
Internet resources, and computer code comprising, incorporated in, appearing
on, or used by the Service, together with the design, structure, selection,
coordination, expression, look and feel, and arrangement of all such elements
of the Service, are owned by Walmart.com and/or its licensors, and are
protected by applicable intellectual property and other laws, including but
not limited to copyright, and that you will not use the Service or any
element thereof in any way whatsoever except in strict compliance with the
terms of this Agreement. You acknowledge and agree that your rights with
respect to the Service will be limited by copyright law and you agree to make
no use of the Service that would infringe on the copyright in the elements
thereof. MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS
and Thomson. No portion of the Service or any element thereof 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 Service or
any element thereof, in any manner, and you shall not use the Service or any
element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF
ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY
SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY
DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Trademarks. WAL-MART STORES, INC., Walmart.com, the WAL-MART logo, and
other WAL-MART trademarks, service marks, graphics, and logos used in
connection with the Service are trademarks or registered trademarks of
WAL-MART STORES, INC. in the U.S. and/or other countries. Other trademarks,
service marks, graphics, and logos used in connection with the Service are
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.
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10. Termination.
Walmart.com, in its sole discretion, reserves the right to modify, suspend or
discontinue the Service at any time and in any way, in whole or in part, with
or without notice, and with no liability to you, including without limitation
with respect to Products, content or other materials comprising a part of the
Service. Walmart.com will not be liable for the removal of or disabling of
access to any Products, content or other materials under this Agreement.
Walmart.com further reserves the right, in its sole discretion, to terminate
this Agreement with you and/or your use of the Service (or any part thereof)
at any time, with our without notice, for any or no reason. In particular, if
you fail, or Walmart.com 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 Walmart.com with a valid credit
card or with accurate and complete Registration Data, failure to safeguard
your Account information, or violation of the Usage Rules, Walmart.com, 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)
preclude access to the Service (or any part thereof).
Survival. The provisions of Sections 7, 9, 10, 12, 13, 14, 15, 17 and
18 will survive termination of this Agreement.
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11. General Compliance with Laws.
The Service is controlled and operated by Walmart.com 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.
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12. Enforcement of These Terms of Service.
Walmart.com reserves the right to takes steps Walmart.com believes are
reasonably necessary or appropriate to enforce and/or verify compliance with
any part of this Agreement (including but not limited to Walmart.com's 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 Walmart.com 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 Walmart.com
believes is reasonably necessary or appropriate to enforce and/or verify
compliance with any part of this Agreement (including but not limited to
Walmart.com's 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).
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13. 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, Walmart.com may provide links to
certain third-party web sites. You acknowledge and agree that Walmart.com is
not responsible for examining or evaluating the content or accuracy of any
such third-party material or web sites. Walmart.com does not warrant or
endorse and does not assume and will not have any liability or responsibility
for any third-party materials or web sites, or for any other materials,
products, or services of third parties. Links to other web sites are provided
solely as a convenience to you. If you decide to link to any such third-party
web sites, you do so entirely at your own risk.
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14. Disclaimer of Warranties; Limitation of Liability.
WALMART.COM 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 WALMART.COM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR
CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. WALMART.COM DOES NOT
REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION,
ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND
WALMART.COM DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR
BACKING UP YOUR OWN SYSTEM.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU
THROUGH THE SERVICE ARE 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, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO
THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF
IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMART.COM OR ANY OF
ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS
BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE
ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF WALMART.COM HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WALMART.COM BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU
IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD
PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE
RISK, AND WALMART.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY
LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WALMART.COM MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR
OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR
THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL
FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR
SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY
WITH THE PRODUCTS AND THE SERVICE.
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15. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold Walmart.com, 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 any action taken by Walmart.com
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. You cannot sue or recover any damages from Walmart.com, its
directors, officers, employees, affiliates, agents, contractors, and licensors
as a result of its decision to remove or refuse to process any information,
Product, 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 Walmart.com's conclusion that a violation of this
Agreement has occurred.
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16. Changes.
Walmart.com 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 following
the posting of changes will mean that you accept and agree to the Additional
Terms. All Additional Terms are hereby incorporated into this Agreement by
this reference.
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17. Governing Law; Remedies.
The laws of the State of California, 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
Walmart.com or relating in any way to your use of the Service resides in the
courts of the State of California.
You understand and agree that any unauthorized use of the Service (including
all elements thereof), the Products, or any related software or materials,
would result in irreparable injury to Walmart.com and/or its affiliates or
licensors for which money damages would be inadequate, and in such event
Walmart.com, its affiliates and/or licensors, or the owners of the copyright
in any Product available through the Service, as applicable, shall have the
right, in addition to other remedies available at law and in equity, to
immediate injunctive relief against you. Nothing contained in this paragraph
or elsewhere in this Agreement shall be construed to limit remedies or relief
available pursuant to statutory or other claims that Walmart.com, its
affiliates and/or licensors may have under separate legal authority, including
but not limited to, any claim for intellectual property infringement.
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18. Miscellaneous.
This Agreement, together with the Terms of Use and Privacy Policy for the
Walmart.com website, constitutes the entire agreement between you and
Walmart.com regarding the Service and governs your use of the Service,
superseding any prior agreements between you and Walmart.com relating to the
Service. 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. Walmart.com's
failure to enforce any right or provisions in this Agreement will not
constitute a waiver of such provision, or any other provision of this
Agreement. Walmart.com will not be responsible for failures to fulfill any
obligations due to causes beyond its control. Walmart.com obtains permission
from record companies and other content owners to make their musical and
other content available to you through the Service. You agree that the
content owners that license their musical and other content to Walmart.com
for the Service are intended third-party beneficiaries under this Agreement
with the right to enforce the provisions of this Agreement that directly
concern their content.
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By installing, copying or
otherwise using the Service or its software, you acknowledge that you have
read and understand this agreement and agree to be bound by its terms and
conditions. If you do not agree to (or cannot comply with) the terms
and conditions of this Agreement, do not install, copy or use the Service or
software or any music, images, video, text or other material available
through the Service.
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