Bitmunk Terms Of Service

This is an agreement between you and Digital Bazaar, Inc. It is also an agreement between you and sellers, creators and ISPs that choose to participate in the Bitmunk Service. Before using the Bitmunk Service (The "Service"), please read and familiarize yourself with this document. If you use the Service to purchase, sell, or distribute media in any way, you will be bound by this agreement.

Bitmunk Terms of Use are Explained in full for each role on the Bitmunk Network:

• Overview of Bitmunk Service
• Buyer Terms of Service
• Seller Terms of Service
• Creator Terms of Service
• ISP Terms of Service

For further information:

Bitmunk Customer Service
support@bitmunk.com

Bitmunk Service Overview

The Bitmunk Service offers legal digital downloads of audio, video, book, and other digital recordings and supplementary information relating to the digital recordings, such as cover artwork, descriptions, genre categorization and other content which will be collectively referred to as "Digital Content" throughout the rest of this Terms of Use document.

General Information About The Bitmunk Service

Digital Content Delivery Mechanism

All Digital Content will be delivered via Internet-based protocols such as secure HTTP download, Bitmunk software download, peer-to-peer transfer mechanism, or password-based download.

Security

Transmission of all personal data and payment information will be encrypted and will occur using industry standard Secure Sockets Layer (SSL) technology.

Explicit Content Warning

You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable. This includes, but is not limited to cursing, rude gestures, nudity, strong themes, violence, or anything else that may offend your delicate sensibilities.

Data Privacy

Your privacy is very important to us and we will strive to protect your personal information at all times. Any private data, such as first and last names, street addresses, credit card information, purchasing history, preferences and any other personally identifiable information will never be sold or given to third parties without your express written consent or by force of law. At times we may publish aggregate information to the public or our partners, but we will ensure that all personal information is removed. More information about the data we store and how we use it can be found on our Privacy Policy page.

Transaction Currency

All credit card deposits, banking withdrawals, PeerBuy purchases and sales, and all other transactions will be performed in United States Dollars (USD) at an exchange rate roughly equivalent to the rate at the time of the transaction. There may be 3rd party services or circumstances outside of our control that use a different exchange rate. Digital Bazaar will not be held liable for fluctuating exchange rates or other market changes outside of our control.

Rights and Restrictions

Personal Use Rights

Upon your payment of all fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with these Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

Commercial Use Rights

In addition to the Personal Use Rights granted, you may additionally use the Digital Content for commercial gain through the Bitmunk network via the PeerBuy service. You may only sell content that is PeerBuy-able through the Bitmunk Service and must ensure that the Digital Content you are selling matches the description of the content on Bitmunk. You may not re-distribute Digital Content on any network that does not collect and distribute royalties to all relevant copyright owners.

Usage Restrictions

You represent, warrant and agree that you will use the Service only for your personal, limited commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this section. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in the section titled Commercial Use Rights above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, commercial resale, reproduction or distribution rights for the Digital Content other than those outlined in the Personal Use Rights and Commercial Use Rights sections. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by federal and international law.

Bitmunk Buyer Terms of Service

By using Digital Bazaar's Bitmunk service, you agree and are bound to the following "Terms of Service."

Summary of Terms

• Becoming a Bitmunk user is free.
• You are responsible for paying all transaction fees.
• You must have a valid credit card to make purchases.
• You are guaranteed to receive any media you purchase.
• Digital content sales are final, unless there is something wrong with the file.
• Pricing is set by creators, sellers, ISPs, and Digital Bazaar.
• You must be 18 or older to register as a Bitmunk user.
• If you are under 18 you may use a parent or guardian's account under their supervision.
• We reserve the right to make changes to our terms of service.

Fees and Services

Becoming a user of Bitmunk is free. The only time that you pay money when using Bitmunk is when you purchase media. You are not charged for listing media for sale or browsing for media to purchase. You are responsible for paying all fees associated with using Bitmunk.

Identity Verification

In order to purchase media using Bitmunk, you must provide your legal name and address. There is no exception to this rule. You must also use a valid credit card to deposit funds into a Bitmunk account. This allows us to protect our users from malicious behavior. We do not store your credit card number, it is only used to used to identify you and to deposit money into a Bitmunk account for future purchases. Every time you wish to deposit more money into a Bitmunk account, you will have to re-enter your credit card number. If you have any further questions about the use of your personal information, please see our Privacy Policy.

Purchase Guarantee

Whenever you purchase media on Bitmunk, we guarantee that you will receive a valid copy of the media. If a seller that you purchase the media from does not deliver a valid copy, one can be obtained from us at no further cost to you.

Return Policy

You cannot return a previously purchased song, video, book or any other media because you no longer like it, have had second thoughts on the purchase, or for any other non-technical reason. The reason that we have this rule is because digital copies of the songs that you purchase are very easy to make. Since the songs and albums that we sell are easy to copy, we cannot assure the artists that you deleted the song from all of your media devices before "returning" the digital content. Make sure that you want to own a particular piece of media before you buy it - all sales are final.

Products & Pricing

Pricing on Bitmunk is determined by the creators and sellers of media, ISP's that provide the bandwidth for transferring that media, and our transaction fee.

Children

Children (persons under the age of 18) are not authorized to use Bitmunk without the supervision of their parent or guardian. User accounts can be created for use by children, but the information contained therein must belong and identify their parent or guardian, not the child. If you are under the age of 18, you may only use Bitmunk under the supervision of your parent or guardian.

Changes to Terms of Service

From time to time we may need to modify our terms of service. We reserve the right to do so for any reason and without notice.

Bitmunk Seller Terms of Service

By using Digital Bazaar's Bitmunk service to sell material as a seller, you agree and are bound to the following "Seller Terms of Service."

Summary of Terms

• Becoming a Bitmunk seller is free.
• You must have a verified user account to sell anything.
• Pricing is set by you as well as the creators, ISPs, and Digital Bazaar.
• You are responsible for paying any transaction fees or fines.
• You must be 18 or older to sell items on Digital Bazaar.
• If you are under 18 you may use a parent or guardian's account under their supervision to sell items on Digital Bazaar.
• We reserve the right to make changes to our terms of service.

Fees and Services

Becoming a seller on Bitmunk is free. For every sale that occurs through your Sales Server, you will get a sales fee, that you have set on the particular ware that is sold, deposited into a Bitmunk financial account that you specify. The only time that you will pay money as a seller is if you are fined for providing a corrupt file on the network. You are not charged for listing media for sale or browsing for media to purchase. You are responsible for paying all fees associated with using Bitmunk.

Identity Verification

In order to sell media using Bitmunk, you must provide your legal name and address. There is no exception to this rule. It allows us to protect our users from malicious behavior. If you have any further questions about the use of your personal information, please see our Privacy Policy.

Fines

If a buyer files a complaint against you for selling a corrupt file, customer service will look into the situation and give the buyer a valid replacement file. To prove that they received a corrupted file, the buyer must give us the file that was downloaded from you and that file must contain your digital signature - proving that you did sell them the file. If you are found guilty of providing a corrupt file, you will be fined an amount equivalent to the cost of processing the complaint and giving the buyer a free download from Digital Bazaar. If you consistently provide corrupt files, you will be suspended from the network. If you continue to provide corrupt files after your suspension has been lifted, you will be ejected/blacklisted from Bitmunk.

Products & Pricing

Pricing on Bitmunk is determined by you, the creators of media, ISP's that provide the bandwidth for transferring that media, and our transaction fee.

Children

Children (persons under the age of 18) are not authorized to use Bitmunk without the supervision of their parent or guardian. User accounts can be created for use by children, but the information contained therein must belong and identify their parent or guardian, not the child. If you are under the age of 18, you may only use Bitmunk under the supervision of your parent or guardian.

Changes to Terms of Service

From time to time we may need to modify our terms of service. We reserve the right to do so for any reason and without notice.

Bitmunk Creator Terms of Service

By using Digital Bazaar's Bitmunk service to claim and provide material as a creator, you agree and are bound to the following "Creator Terms of Service."

Summary of Terms

• Becoming a Bitmunk creator is free.
• You must have a verified user account to claim works.
• Pricing is set by you as well as the sellers, ISPs, and Digital Bazaar.
• You are responsible for paying any fines.
• You are responsible for setting a license on your work.
• You are responsible for uploading a valid copy of your work, free from any visual or aural defects.
• You must be 18 or older to sell items on Digital Bazaar.
• If you are under 18 you may use a parent or guardian's account under their supervision to sell items on Digital Bazaar.
• We reserve the right to make changes to our terms of service.

Fees and Services

Becoming a creator on Bitmunk is free. For every sale that occurs on Bitmunk you will get the royalty fee(s) that you have set on the work that is sold deposited into the Bitmunk financial account(s) that you specify. The only time that you will pay money as a creator is if you are fined for providing a corrupt file on the network or for claiming works that are not your own. Claiming works that are not your own is a FEDERAL CRIME. You are responsible for paying all fees associated with using Bitmunk.

Identity Verification

In order to sell media using Bitmunk, you must provide a valid legal name and address. There is no exception to this rule. It allows us to protect our users from malicious behavior. If you have any further questions about the use of your personal information, please see our Privacy Policy.

Fines

If we determine that you have intentionally provided a corrupt "seed" file then you will be fined an amount equivalent to the cost of processing any complaints and the price paid by any buyers of your corrupt file. Seed files are stored at Digital Bazaar so we are easily able to determine if they are corrupt or not. If you consistently provide corrupt files, you will be suspended from the network. If you continue to provide corrupt files after your suspension has been lifted, you will be banned from Bitmunk. If we determine that you have intentionally provided a file that you do not have the appropriate rights to then the appropriate legal action will be taken. It is a FEDERAL CRIME to claim works that are not your own or to provide files that you do not have the appropriate rights to.

Products & Pricing

Pricing on Bitmunk is determined by you, the creators of creative works, ISP's that provide the bandwidth for transferring those works, and our transaction fee.

Children

Children (persons under the age of 18) are not authorized to use Bitmunk without the supervision of their parent or guardian. User accounts can be created for use by children, but the information contained therein must belong and identify their parent or guardian, not the child. If you are under the age of 18, you may only use Bitmunk under the supervision of your parent or guardian.

Changes to Terms of Service

From time to time we may need to modify our terms of service. We reserve the right to do so for any reason and without notice.

Bitmunk Internet Service Provider Terms of Service

By using Digital Bazaar's Bitmunk service as an Internet Service Provider, you agree and are bound to the following "ISP Terms of Service."

Summary of Terms

• Charging for ISP transfer fees is a free service.
• You must have a valid credit card to register as an ISP, and you must fax us a form detailing the amounts that you want to charge.
• Pricing is set by you, creators, sellers, and Digital Bazaar.
• You must be 18 or older to register your ISP.
• You must verify your ISP as a legitimate business.
• We reserve the right to make changes to our terms of service.

Fees and Services

Becoming an ISP operating on Bitmunk is free. The only time that you pay money when using Bitmunk is when you purchase media or are fined. You are not charged for listing creative works for sale or browsing for media to purchase. You are responsible for paying all fees associated with using Bitmunk.

Identity Verification

In order to gain usage and transfer fees via Bitmunk as an ISP, you must provide your legal name and address and verify your ISP as a valid business. This no exception rule allows us to protect our users from malicious behavior. If you have any further questions about the use of your personal or ISP information, please see our Privacy Policy.

Products & Pricing

Pricing on Bitmunk is determined by the creators and sellers of media, ISP's that provide the bandwidth for transferring those works, and our transaction fee.

Changes to Terms of Service

From time to time we may need to modify our terms of service. We reserve the right to do so for any reason and without notice.