Terms and Conditions

1.1. Scope of Terms and Conditions

These Terms and Agreements between you and Tryxo Entertainment L.L.C. regulate the use of the domain www.tryxo.com and all other domains linked to Tryxo Entertainment L.L.C. (hereinafter called “Tryxo“) and are applicable for all orders.

The Enduser (hereinafter called „Customer“) accepts these Terms and Conditions listed in this agreement with the registration with Tryxo. Collateral agreements do not apply. Any collateral agreements, amendments to or supplements of this Agreement must be in writing in order to be valid

Tryxo reserves the right to change the Terms and Conditions at any time without presenting a reason. More information can be found under 7.2 Changes.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND TRYXO MAY REFUSE ACCESS TO THE TRYXO STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1.2. Definitions in association with Tryxo

Service: Tryxo is the provider of www.tryxo.com (the "Service") that permits you to purchase digital content, such as sound recordings, under certain terms and conditions as set forth in this Agreement.

1.3. Assignment of rights

Tryxo offers the customer the capability to research and to acquire digital files against payment or free of charge through the web-based portal www.tryxo.com.

The prerequisite for the use of these services is a functional internet access and a computer that with internet capabilities belonging to the customer as well.

The customer receives a personal, non-exclusive and non-transferable right to use the acquired music files based on this agreement. Within the realms of the contractual use, the copying of the music files onto the customer’s blank CDs and other devices is allowed for private use only. The customer has to have the necessary devices that provide the possibility to make copies. Any other rights that differ from the rights granted, e.g. renting, broadcasting, public performance, sub-licensing, and especially making the file available in the internet and other electronic networks (“File-Sharing”) as well as the commercial use of the music titles is forbidden and will lead to the forfeiture of the usage rights.

No copyrights, ancillary copyrights or other commercial copyrights are transferred with the conclusion of the contract between Tryxo and the customer. This applies to trademark rights, rights to a name, photos and covers et cetera in particular.

2.1. Registration

To become a Tryxo customer with access to services provided, you have to register with Tryxo. The registration is free of charge. When signing up the customer has to create a user name and a password. When the registration is finalized the customer receives an unlimited Tryxo account.

2.2. Use of Service

With the finalization of the registration the customer has the right to use and maintain Tryxo’s services.

2.3. Age requirements

This Service is available for individuals aged 18 years or older.

2.4. Your Data

You agree to provide accurate, current, and complete information required to register with the service. You further agree to maintain and update your data as required to keep it accurate, current, and complete. Tryxo may terminate your rights to any or all of the service if any information you provide is false, inaccurate or incomplete. You agree that Tryxo may store and use the data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

2.5. Account and Password

As a registered user of the service, you may receive or establish an 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 will be held entirely responsible for all activities that occur on or through your account, and you agree to immediately notify Tryxo of any unauthorized use of your account or any other breach of security. Tryxo shall not be responsible for any losses arising from unauthorized use of your account.

2.6. Banning a Customer

Tryxo reserves the right to ban a customer from further service when it is determined that a breach of the terms and conditions and matters of litigation exist.

Once banned, the customer will no longer be authorized to use the services provided by Tryxo and will be refused future registration.

2.7. Artist-Account

Every Tryxo user can also set up an artist account in addition to the customer account. This account is independent from the customer account. A user name and a password must be established for use of the artist account separately. For the artist account, special Terms and Conditions apply.

Use of the service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. As use of the service involves hardware, software, and Internet access, your ability to use the service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The service is not part of any other product or offering, and no purchase or obtaining of any other product shall be designed to represent or guarantee you access to the service.

4.1.Product 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 Tryxo shall be without liability to you in the event of any loss, destruction, or damage.

4.2. Delivery of Products

On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to product will be the replacement of such product.

4.3. Use of Products

(1) Whether or not Products are limited by security technology, you agree to use products in compliance with the applicable Usage Rules.

(i) Your use of the products is conditioned upon your prior acceptance of the Terms and Conditions of this agreement.

(ii) You shall be authorized to use the products only for personal, non-commercial use.

(iii) You shall be entitled to export, burn (if applicable) or copy Products solely for personal, non-commercial use.

(iv) Any burning (if applicable) 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 audio or video content, sound recording, underlying musical composition, or artwork embodied in any product.

(v) The delivery of products does not transfer to you any commercial or promotional use rights in the products.

(2) The service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the service accessible and viewable by other users of the service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the service. Moreover, you hereby grant Tryxo a worldwide, royalty-free, non-exclusive license to use such materials as part of the service, and in relation to products, without any compensation or obligation to you.

Tryxo reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

4.4. Intellectual Property

(1) You agree that the service, including but not limited to products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Tryxo and/or its licensors, 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 service in compliance with the terms of this agreement. No portion of the service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service, in any manner, and you shall not exploit the service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

(2) Notwithstanding any other provision of this agreement, Tryxo 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 service at any time without notice. In no event will Tryxo be liable for the removal of or disabling of access to any such products, content or materials under this agreement. Tryxo may also impose limits on the use of or access to certain features or portions of the service, in any case and without notice or liability.

(3) All copyrights in and to the service, including but not limited to, the Tryxo Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Tryxo and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, 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.

(4) Tryxo, www.tryxo.com, the Tryxo logo, and other Tryxo trademarks, service marks, graphics, and logos used in connection with the service are trademarks or registered trademarks of Tryxo Entertainment L.L.C. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the service 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.

4.5. Objectionable Material

You understand that by using the service, 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 service at your sole risk and that Tryxo shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

4.6. Content

It is Tryxo’s intention to provide a comprehensive range of products. Therefore Tryxo reserves the right to change the contents on www.tryxo.com without previous notice.

4.7. Exemption from responsibility for Third-Party-Content

Certain content, products, and services available via the service may include materials from third parties. In addition, Tryxo may provide links to certain third party websites. You acknowledge and agree that Tryxo is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Tryxo 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. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Tryxo is not in any way responsible for any such use by you.

5.1. 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 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.

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

5.2. Refund Policy

All salesare final.

6.1. Payment Methods

Tryxo accepts credit cards and payment through your PayPal account as forms of payment. If a credit card company, or your PayPal account, is being used for a purchase, Tryxo may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or shortly thereafter.

Tryxo accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

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, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your purchase and should use another credit card.

6.2. Billing / Invoicing

If you are purchasing using your PayPal account, your order may be authorized and billed in gradual increments during one purchasing session as you click the "Buy Now" button. Depending on the size of your order, this may appear as multiple orders and billings on your credit card statement.

If you use the Shopping Cart functionality, you will have one order that authorizes and bills as a single purchase.

6.3. Prices

Prices and availability of any Products are subject to change at any time.

Tryxo purchases will include sales tax based on the bill-to address and the sales tax rate in effect at the time your purchase is completed. If the sales tax rate for the billing address changes before the purchased digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for purchases made on www.tryxo.com.

6.4. Payment for Products

You agree to pay for all products you purchase through the service, and that Tryxo may charge your credit card or PayPal account 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 TRYXO WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the service. (There may be a temporary disruption of your access to the service until Tryxo can verify the validity of the new credit card or PayPal account information.)

7.1. Customer Service

Our online customer service is available for you at http://www.tryxo.com/shop_content.php?coID=7 if you have questions relating to invoices or other parts of the service. If you cannot find an answer to your specific question in our knowledge database, please feel free to e-mail us via http://www.tryxo.com/shop_content.php?coID=7. Tryxo will respond to your e-mails as soon as possible.

7.2. Changes

Tryxo 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 Tryxo 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.

7.3. Announcements

Tryxo may send you announcements with respect to the service by sending an email message to the email address listed in your Tryxo Account contact information, by sending a letter via postal mail to the contact address listed in your Tryxo Account contact information, or by a posting on the Tryxo Website. Announcements shall become effective immediately.

8.1. Territory

8.2. Disclaimer of Warranties; Liability Limitations.

(1) TRYXO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT, ON OCCASION AND WHEN DEEMED NECESSARY BY TRYXO, TRYXO MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

(2) 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 (EXCEPT AS EXPRESSLY STATED BY TRYXO) 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.

(3) IN NO CASE SHALL TRYXO, 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 SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRYXO'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(4) TRYXO 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 TRYXO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

(5) TRYXO DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TRYXO DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM TRYXO THAT ARE STORED IN YOUR SYSTEM.

8.3. Waiver and Indemnity.

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD TRYXO, 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 TRYXO 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 TRYXO, 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 SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TRYXO'S 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.

8.4. General Compliance with Laws.

The Service is controlled and operated by Tryxo 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.

8.5. Customer’s Liability

The customer is liable for any damages that he has caused to any third-party. If there are valid indications for such a breach of Third-Party-Rights, then the customer has to release Tryxo from all liability, unless he can that prove Tryxo’s negligence caused the damages.

8.6. Governing Law

The laws of the State of Florida, 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 Tryxo or relating in any way to your use of the Service resides in the courts of the State of Florida.

Except as otherwise expressly provided for in this agreement the service is subject to Tryxo's Privacy Policy at http://www.tryxo.com/shop_content.php?coID=2, which is expressly made a part of this agreement. If you have not already read Tryxo's Privacy Policy, you should do so now.

(1) If you fail, or Tryxo 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 Tryxo with a valid credit card or with accurate and complete registration data, failure to safeguard your account information, violation of the usage rules or any license to the software, or infringement or other violation of third parties' rights, Tryxo, 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).

(2) Tryxo reserves the right to modify, suspend, or discontinue the service (or any part or content thereof) at any time with or without notice to you, and Tryxo will not be liable to you or to any third party should it exercise such rights.

The customer can no longer download purchased music files after he deletes his Tryxo-account or his account terminated by Tryxo. The customer is therefore advised to create backup copies of the purchased music files and is solely responsible to do so.

Tryxo reserves the right to takes steps Tryxo believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to Tryxo'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 Tryxo 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 Tryxo believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to Tryxo'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).

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