Terms and Conditions
IMPORTANT – READ CAREFULLY. THE “TERMS OF SALE FOR PERMANENT DOWNLOADS” (“TERMS OF SALE”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” AND “YOUR”) AND Step N Motion, INC. D/B/A CATHE DOT COM, A NEY JERSEY CORPORATION (USA). BY PURCHASING PERMANENT DOWNLOADS THROUGH THE CATHE DOWNLOADS SERVICE YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF SALE, YOU UNDERSTAND THEM, AND YOU CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS OF SALE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASE OF PERMANENT DOWNLOADS THROUGH THE CATHE DOWNLOADS 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 CATHE DOWNLOADS SERVICE. IF YOU USE THE CATHE DOT COM DOWNLOAD SERVICE, YOU WILL BE BOUND BY EACH OF THE TERMS OF THE AGREEMENT.
1. Cathe Digital Download SERVICE
The Cathe Download Service offers digitized versions of our Video and DVD content (“Digital Content”) and other services under certain terms and conditions as set forth in this Agreement. The Cathe Download Service allows you to access and download Digital Content from our Cathe Downloads website.
2. AUTHORIZED DEVICES
In order to be able to download Digital Content from the Cathe Download Service and to view Digital Content from the Cathe Download Service, you will need to use a personal computer, portable media player, or other device (“Authorized Device”) that meets minimum system requirements that Cathe dot Com may establish from time to time on the cathedownloads.com website.
3. LICENSE TO DIGITAL CONTENT DOWNLOADS
Upon your payment of the required fee, Cathe dot Com grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to download, and to retain a permanent downloaded copy for Non-Commercial and Private Use only.
You represent, warrant and agree that you are using the Cathe Downloads Service hereunder for your own personal, noncommercial entertainment use and not for redistribution of any kind. You agree not to sell, redistribute, broadcast, publicly perform or publicly display any Permanent Downloads, or otherwise transfer any copies of Permanent Downloads obtained through the Cathe Downloads Service. You may make backup copy on of your purchased download so long as it is only for your personal use and backup protection and you don’t change or convert the original downloads file type, content or file structure. We don’t allow or give permission for our downloads to be converted into mpeg2 or any other file type. You may only make an exact copy as outlined above.
Any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, promotion or other use of the Permanent Downloads provided through the Cathe Download 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 Cathe dot Com. Furthermore, you agree not Use the Download or Digital Content for any commercial or illegal purpose.
In consideration of Your use of the Cathe Downloads 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 the United States or other applicable jurisdiction. You also represent that all information about yourself you provide to us though the Cathe Downloads Service, including, without limitation, name, address, and credit card information is true, accurate, current and complete. We reserver the right to amend and change any of our terms and conditions without notice.
4. Content Availability.
Cathe dot Com may, from time to time, remove Permanent Downloads from the Cathe dot Com Download Service. If you plan to download Digital Content that you purchase, we encourage you to do so promptly after your purchase. If you are unable to complete a download after having reviewed our online help resources, please contact customer service at [email protected] . Once you purchase Digital Content and we make the Digital Content available to you, you have the responsibility for completing the download. You assume all risk of loss of the Digital Content after downloading. In the event user loses a download from their computer they may re-download the purchased file, as long as it is still available, for a maximum of three (3) times including the original purchase.
5. RESERVATION OF RIGHTS.
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service and Digital Content are reserved and retained by Cathe dot Com. Cathe dot Com does not transfer any right, title or interest in the Digital Content you purchased. You do not acquire any ownership rights in the Digital Content as a result of downloading any of our Digital Content.
6. ALL SALES FINAL
All purchases of Digital Content are final at time of purchase. Permanent Downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of an album. However, each purchase of a Permanent Download shall be deemed a final, nonrefundable sale. The charges for Permanent Downloads are indicated on the Cathe Downloads website with respect to each Permanent Download, whether sold individually or as part of an album. Prices for Permanent Downloads are subject to change without notice. You are responsible for making sure your PC or other portable device can receive and play our Downloads. Cathe Downloads is not responible for transmission problems affecting your ability to download our files.
While we endeavour to ensure that the information on this website about each download is correct, we do not warrant the accuracy and completeness of the content on this website. We may make changes to the content on this website, or to the products and prices described in it, at any time without further notice.
7. ADDITIONAL TERMS
If you violate any of the terms or conditions of this Agreement, your license to Purchased Digital Content will immediately terminate, and Cathe dot Com may, in its discretion, may immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and Cathe dot Com shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
Cathe dot Com reserves the right to suspend, or discontinue the Cathe Download Service, or any part thereof, at any time so long as a 90 day notice is given on the Cathe Download website, and Cathe dot Com will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by this action.
8. Indemnification and Medical Disclaimer
You hereby agree to indemnify, defend and hold Cathe dot Com, and its officers, directors, agents, licensors and licensees, affiliates (collectively, the “Indemnified Parties”) harmless 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 Your use of the Permanent Downloads .
Consult your physician before beginning any workouts you download from Cathe Downloads. The instructions and advice presented are in no way intended to be a substitute for medical counseling.
Not all exercises are suitable for everyone, and the downloaded workout or any other exercise program may result in injury. Any user of this exercise program assumes the risk of injury resulting from performing the exercises shown.
Cathe dot Com, the creators, producers, participants and distributors of this program disclaim any liability or loss in connection with the exercises and advice contained herein.
You will be responsible for any applicable sales tax, use tax or any other governmental taxes or fees applicable to your Cathe Downloads purchase of Permanent Downloads.
10. Terms of Sale.
This Terms of Sale will be governed by and construed in accordance with the laws of the State of New Jersey and the Unites States of America, without giving effect to the conflict of law’s provisions of New Jersey or Your actual state or country of residence. Any claim or controversy in any way arising out of or relating to this Terms of Sale will be filed in a court of competent jurisdiction sitting in Gloucester County, New Jersey and You consent to exclusive jurisdiction in that county.
Some jurisdictions do not allow the disclaimer of implied warranties, and in such jurisdictions, the foregoing disclaimers may not apply to You insofar as they relate to implied warranties
*Violations: Please report any violations of this Terms of Sale to our customer service department [email protected]
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
CATHE DOT COM WILL NOT BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY KIND ARISING FROM THE USE OF THE DOWNLOAD SERVICE OR FROM PERMANENT DOWNLOADS, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC PERMANENT DOWNLOAD GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
CATHE DOT COM SHALL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND TO THE MAXIMUM AMOUNT PERMITTED BY LAW, CATHE DOT COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.