Capitol Records, LLC v. Redigi Inc.

Filing 10

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John Ossenmacher in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rogers, Morlan) Modified on 1/27/2012 (ldi).

Exhibit C

ReDigi Pre-Owned Digital Music Store Terms and Conditions

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https://www.redigi.com/terms.html

or other censure or penalty, you and/or your representatives may disclose such Proprietary Information
without liability hereunder.
No portion of the ReDigi Products may be reproduced in any form or by any means, except as expressly
permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative
works based on the ReDigi Products in any manner, and you shall not exploit the ReDigi Products in any
unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
3. Media Manager Software License
Subject to these Terms and in accordance with any documentation supplied by ReDigi, including any
disclaimers or other notices that may be provided in connection with your use of the Software, ReDigi
grants you a personal, non-sublicensable, non-exclusive license to use the Software.
ReDigi shall at all times retain all title to and ownership of the Software and all copies thereof. You will
not reproduce or modify the Software or any portion thereof. In accordance with Section 2 above, you
shall not rent, sell, lease or otherwise transfer the Software or any part thereof or use it for the benefit of a
third party. Further, you shall not reverse assemble, reverse compile or reverse engineer the Software, or
otherwise attempt to discover any Software source code or underlying Proprietary Information.
4. Use of Content
(a) ReDigi authorizes you to view and access a single copy of the content available on or from the
Site solely for your personal use. The contents of the Site, such as text, software, scripts, graphics,
images, logos, button icons, sounds, music, videos, audiovisual combinations, interactive features and
other content you may view on, access through, or contribute to the ReDigi Products
(collectively, "Content"), are protected under United States and foreign copyright, trademark and other
laws. All Content is the property of ReDigi, its content suppliers or its users. The compilation (meaning
the collection, arrangement and assembly) of all Content on the Site is the exclusive property of ReDigi
and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of
the Content may violate these laws and is strictly prohibited.
(b) Except as permitted by these Terms, you agree not to sell or modify the Content or reproduce,
display, publicly perform, distribute, or otherwise use the Content in any way for any public or
commercial purpose, in connection with products or services that are not those of the ReDigi Products, in
any other manner that is likely to cause confusion among consumers, that disparages or discredits ReDigi
or its licensors, that dilutes the strength of ReDigi's or any of its licensors' property, or that otherwise
infringes ReDigi's or any of its licensors' intellectual property rights. You further agree to in no other
way misuse Content that appears on this Site. The use of the Content on any other website or in a
networked computer environment for any purpose is prohibited. Any code that ReDigi creates to
generate or display any Content on the pages making up the Site is also protected by ReDigi's copyright
and you may not copy or adapt such code.
5. Site Restrictions
(a) You may not use the ReDigi Products in order to transmit, post, distribute, sell, store or destroy
material, including without limitation, Content: (i) in violation of any applicable law or regulation, (ii) in
a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory,
obscene, threatening, abusive or hateful.
(b) You are also prohibited from violating or attempting to violate the security of the Site, including
without limitation, the following activities: (i) accessing data not intended for you or logging into a
server or account which you are not authorized to access; (ii) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures without proper
authorization; or (iii) attempting to interfere with service to any other user, host or network, including,
without limitation, via means of submitting a virus to the Site,
overloading, "flooding", "spamming", "mailbombing", "crashing" or engaging in a denial of service
attack. Violations of system or network security may result in civil and/or criminal liability. ReDigi will
investigate occurrences which may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such violations.
(c) You further agree to: (i) keep your password secure and confidential, (ii) not permit others to use
your account, (iii) refrain from using other users' accounts, (iv) refrain from selling, trading, or otherwise

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ReDigi Pre-Owned Digital Music Store Terms and Conditions

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https://www.redigi.com/terms.html

transferring your account to another party and (v) refrain from charging anyone for access to any portion
of the Site, or any information therein. Further, you are responsible for anything that happens through
your account until you close down your account or prove that your account security was compromised
due to no fault of your own.
(d) If you believe that any user or any content posted by any user of the Site violates these Terms,
please contact ReDigi at [e-mail]. If notified of User Content
(as defined in below) or other materials which allegedly do not conform to these Terms, ReDigi may in
its sole discretion investigate the allegation and determine whether to take any other actions whether to
remove or request the removal of the User Content. ReDigi has no liability or responsibility to its users
for performance or nonperformance of such activities.
6. User Content and Digital Media
(a) Subject to these Terms, ReDigi provides Services that permit you and other users to (i) license
digital content, which may include information, data, text, software, music, sound, photographs, graphics,
video, messages or other digital materials submitted, posted or displayed on or through the Site
(collectively, the "Digital Media") by ReDigi itself or by users of the Site for end-user use only and (ii)
sell your rights to Digital Media deemed eligible by ReDigi in its sole discretion to other users of the Site,
provided, that any such sale is contingent on there being demand for such Digital Media on the Site as
determined by ReDigi in its sole discretion.
(b) You understand that all Digital Media and other information, data, text, software, scripts, music,
sound, photographs, graphics, video, messages, audiovisual combinations, or other materials submitted,
posted or displayed on or through the ReDigi Products, including but not limited to the Site
(collectively, "User Content") by you is your sole responsibility.
You agree that any User Content submitted, posted or displayed on or through the Site by you: (i) shall
be your sole responsibility; (ii) shall not infringe or violate the rights of any other party or violate any
laws; (iii) shall not contribute to or encourage infringing or otherwise unlawful conduct, and (iv) shall not
otherwise be obscene, objectionable, or in poor taste. You or a third party licensor, as appropriate, retain
all patent, trademark and copyright rights to any User Content you submit, post or display on the Site and
you or such third party licensor, as appropriate, are responsible for protecting those rights. You agree to
provide accurate and complete information in connection with your submission of any User Content to
the Site.
(b) By submitting, posting or displaying User Content on the Site, you grant ReDigi a worldwide,
royalty-free, non-exclusive license to use such User Content as part of the ReDigi Services, without any
compensation or obligation to you. ReDigi will discontinue this licensed use within a commercially
reasonable period after such User Content is removed from the Site. You represent and warrant that you
have the right to grant or that the holder of any rights, has completely and effectively waived all such
rights and validly and irrevocably granted to you the right to grant, the license stated above. Subject to
the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist
in such User Content.
(c) You acknowledge that (i) download and use of the Software (including any updates thereto) is
required to assist you with the verification and upload of any User Content to the Site and (ii) if such User
Content includes Digital Media, the verification and upload process described above involves identifying
and deleting all copies of such Digital Media on the computer or device on which the Software has been
downloaded as well as all devices that are linked thereto and creating a digital finger print for such Digital
Media. You acknowledge the importance of complying with these Terms and allowing the Software to
work as described in these Terms and in any disclaimers or other notices that may be provided in
connection with your use of the Software.
(d) ReDigi claims no ownership or control over any User Content submitted, posted or displayed on
or through the Site and does not represent or guarantee the truthfulness, accuracy, or reliability of User
Content or any other communications posted by users or endorse any opinions expressed by users. You
acknowledge that any reliance on User Content posted by other users of the Site will be at your own risk.
(e) ReDigi has the right, but not the obligation, to screen or monitor any Digital Media (which may
include User Content) available through the Site, to investigate any reported or apparent violation of these
Terms, and to take any action that ReDigi in its sole discretion deems necessary or appropriate, including
without limitation, (i) refusing to accept, post, display or transmit any User Content, (ii) reviewing and
removing from the Site any User Content that, in its sole judgment, violates these Terms, violates
applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of,
or harms or threatens the safety of, any of its other users, and (iii) expelling users and preventing their
further access to the Site and/or use of the ReDigi Products for violating these Terms or applicable laws,
rules or regulations. While ReDigi reserves the right in its sole discretion to remove User Content or
other material from the Site from time to time, ReDigi does not assume any obligation to do so and

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