Terms of Service

1. General. Use of this service is governed by the terms and conditions described below. By your use of this service you hereby represent and warrant that you have read and accepted these terms and conditions. Ripshark, LLC (“Ripshark”) reserves the right to make modifications to these terms and conditions at any time. Reasonable notice will be given to all current users of this service if there is any material modification to these terms and conditions. Ripshark reserves the right to modify these terms and conditions without further notice to you.

2. Copyright Material. This service is used to transform your own materials into a digital format. It is only available for conversion of materials you are authorized or legally permitted to change in format, materials in which you own the relevant copyrights, or materials which lack copyright protection. It is your responsibility to ensure compliance with the Copyright Act of 1976 and its amendments. You may not authorize, encourage or allow any resulting digital files to be used in a manner which would not be in accordance with any state or federal regulations. You agree to hold Ripshark harmless from any actual or alleged violation of copyright laws. If you are uncertain about your right to copy, convert or permit access to any material, you should contact your legal advisor.

3. Denial of Service. If Ripshark receives notice alleging, or reasonably suspects, that you have engaged in behavior that infringes other's intellectual property rights or reasonably suspects the same, Ripshark may terminate your order. If Ripshark suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, other than the return of any property received by Ripshark from you, including for any amounts that you have previously paid.

4. Refund Policy. At our option, we will either refund or credit the charges you paid for the services (including shipping charges, if applicable) upon your request if we fail to properly provide the services or to properly ship the products, subject to limitations described above. In order to qualify for a refund or credit due to service failure, the following limitations apply: To obtain a refund or credit, at our option, for a service failure, you must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment.

In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection.

5. Execution. No contract is formed between you and Ripshark until Ripshark exercises the authorization to charge your credit card, and the charge is validated and accepted by your credit card company.

6. Availability. Because this site is viewable internationally, not all products and services mentioned will be available in your country. If you have any questions about international service, email us at customerservice@ripshark.com.

7. LIMITATION OF LIABILITY. YOU AGREE THAT YOUR USE OF RIPSHARKS’ CD TO MP3 CONVERSION SERVICE IS AT YOUR OWN RISK AND RIPSHARK ACCEPTS NO LIABILITY FOR ACTIONS UNDERTAKEN BY YOU. NEITHER RIPSHARK NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATED TO THIS SERVICE, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OF THE LESSER OF $100.00 OR THE AMOUNT PAID TO RIPSHARK FOR SERVICES PROVIDED.

IN NO EVENT WILL RIPSHARK OR ITS AFFILIATES, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR, NOR MAKE ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND FOR, ANY LOSS, CORRUPTION, DELAY, INCLUSION, OMISSION, SHIPMENT, MISDELIVERY, NONDELIVERY, MISINFORMATION, OTHER DIRECT OR INDIRECT DAMAGES, OR FAILURE TO PROVIDE CONVERTED MATERIALS, OR SHIPPING SERVICES TO THE EXTENT CAUSED BY OR RESULTING FROM:

A. YOUR ACTS, DEFAULTS OR OMISSIONS;

B. YOUR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS CONTAINED HEREIN.

C. YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER PERTINENT INFORMATION;

D. ACTS, DEFAULTS OR OMISSIONS OF ANY PERSON OR ENTITY OTHER THAN RIPSHARK, INCLUDING OUR COMPLIANCE WITH VERBAL OR WRITTEN INSTRUCTIONS FROM THE SENDER, RECIPIENT OR PERSONS CLAIMING TO REPRESENT THE SHIPPER OR RECIPIENT;

E. OUR INABILITY TO PROVIDE A COPY OF THE DELIVERY RECORD OR A COPY OF THE SIGNATURE OBTAINED AT DELIVERY;

F. OUR FAILURE TO PROVIDE A VALID SHIPPING ACCOUNT NUMBER IN GOOD CREDIT STANDING IN THE BILLING INSTRUCTIONS ON SHIPPING DOCUMENTATION;

G. OUR FAILURE TO NOTIFY YOU OF ANY DELAY, LOSS OR DAMAGE IN CONNECTION WITH YOUR SHIPMENT OR ANY INACCURACY IN SUCH NOTICE;

H. OUR RELEASE OF SHIPMENTS WITHOUT OBTAINING A SIGNATURE IF A SIGNATURE RELEASE IS ON FILE.

NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE LIABILITY. YOU ALSO AGREE TO PROVIDE TRUE, ACCURATE AND COMPLETE INFORMATION ON THE SERVICE AGREEMENT FORM

8. WARRANTY DISCLAIMER. RIPSHARK MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL EITHER IN FACT OR BY OPERATION OF LAW BY STATUTE, OR OTHERWISE, UNDER THESE TERMS AND CONDITIONS, AND YOU SPECIFICALLY DISCLAIM AND WAIVE ANY CLAIM USER MAY OR MAY NOT HAVE IN THE FUTURE AGAINST RIPSHARK FOR BREACH OF ANY TYPE OF WARRANTY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGING ACTIVITY. RIPSHARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE DIGITAL CONTENT DELIVERED TO USER OF THE SERVICE.

9. Indemnification. You agree to defend, indemnify, and hold harmless Ripshark, and its affiliates, directors, officers, employees, agents and representatives (collectively, the “Indemnified Party”) against all claims, demands, suits, losses, damages, costs, and expenses (including without limitation attorneys’ fees) arising out of or relating to a third party claim, including Government Agencies, or demand against the Indemnified Party and all damages of the Indemnified Party arising from or in connection with: (i) the negligent acts, omissions, or willful misconduct by Indemnifying Party Personnel; (ii) the breach of any obligation or warranty hereunder by Indemnifying Party Personnel; (iii) the violation of any applicable law, statute or regulation by Indemnifying Party Personnel; or (iv) the violation of any third party’s intellectual property rights by Indemnifying Party Personnel in connection with the performance of this Agreement. Indemnifying Party may, at its option, conduct the defense in any third party action arising under this section, and the Indemnified Party promises to cooperate with such defense, provided Indemnifying Party reasonably consults with Indemnified Party on any settlement. Notwithstanding the foregoing, the Indemnified Party may, at its own expense, assist in such defense if it so chooses, provided that Indemnifying Party will control such defense and all negotiations relative to the settlement of any such claim.

10. Miscellaneous. All provisions addressing limitation of liability, warranties and representations, indemnity obligations, governing law, and intellectual property shall survive the termination of this service relationship. These terms and conditions govern the entire agreement between you and Ripshark and supersede all previous oral or written agreements. These terms and conditions were construed under, and shall be governed by, the laws of the state of Minnesota. By your continued use of this service, you agree any lawsuit shall be commenced in the Courts of Minnesota and you have consented to personal jurisdiction Minnesota Courts. In the event that any provision hereof is invalidated by any court of competent jurisdiction, you agree the remainder of these terms and conditions shall remain valid.