Terms of Use

1. Acceptance of Terms

1.1 These terms of use, conditions, and privacy policy (collectivel, the "Terms of Use") are between you and Cora Digital, Inc. ("Cora Digital", "We", or "Our"). These Terms of Use govern your use of the website, which includes "www.coradigital.com" and corresponding sub-domains, ("Websites") which are created under license from third-parties ("Cora Digital's Clients) with the purpose of providing Cora Digital's Clients with an online site to sell, distribute, and otherwise make available their audio, video, data files, and related products ("Content") to you. Your use of the Website constitutes your acceptance of these Terms of Use, which are subject to change from time to time without notice. You should periodically review these Terms of Use from time to time for any changes.

2. Cora Digital's Website

2.1 These Terms of Use apply to all users of the Website. The Website includes all aspects of the Website, including but not limited to all products, software and services offered via the Website.

2.2 The Content found on the Website is provided by Cora Digital's Clients. Cora Digital does not review, screen, censor, edit, or otherwise modify any Content found on the Website. By using the Website, you expressly relieve Cora Digital from any and all liability arising from your use of Our Client's Content.

2.3 The Website may contain links to third party websites that are not owned or controlled by Cora Digital. Cora Digital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Cora Digital will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Cora Digital from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website to read the terms and conditions and privacy policy of each other website that you visit.

3. General Use of the Website

3.1 Cora Digital hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

3.1.1 You agree not to copy or distribute in any medium any part of the Website, including, but not limited to, the Content, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features ("Website Content") without Cora Digital's prior written authorization.
3.1.2 You acknowledge that the trademarks, service marks and logos contained on the Website are owned by or licensed to Cora Digital, subject to copyright and other intellectual property rights under the law and are not to be used without Cora Digital's prior written authorization.
3.1.3 You agree not to alter or modify any part of the Website or any of its related technologies.
3.1.4 You agree not to access Content through any technology or means other than the media player found on the Website, or other explicitly authorized means Cora Digital may designate. You further agree to pay all fees associated with the downloading of audio, video, and data files and all fees associated with the streaming of audio and video files, which fees, if any, will be explicitly stated next to the file name of the Content. You also agree to strictly adhere to distribution restrictions placed on the Content by Cora Digital or Cora Digital's Clients. Failure to do so is copyright infringement and all violators will be pursued.
3.1.5 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Cora Digital's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Cora Digital grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cora Digital reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website for any commercial solicitation purposes.
3.1.6 In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.
3.2 Cora Digital reserves the right to discontinue any aspect of the Website at any time.

4. Your Use of the Content on the Website

4.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content on the Website.

4.2 The Content on the Website is provided to you "AS IS" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, except as specifically provided for through the provided functionality of the Website. You shall not copy or download any Content unless you see a "download" or similar link displayed on the Website for that specific Content and then only in accordance with the terms. Cora Digital and Cora Digital's Clients reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted by Cora Digital.

4.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

4.4 You understand that when using the Website, you will be exposed to Content that is provided by CORA DIGITAL'S CLIENTS, and that Cora Digital is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cora Digital with respect thereto, and agree to indemnify and hold Cora Digital, its Owners/Operators, affiliates, and/or licensors, including resellers and content providers harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

5. Digital Millennium Copyright Act

5.1 Cora Digital takes allegations of copyright infringement seriously. Those who violate Cora Digital's policy for selling Content that is protected by the intellectual property rights of others may face a variety of penalties, including restricted access, suspension, and termination of their account. Those accused of copyright infringement are informed that repeated violation could result in permanent suspension from Cora Digital's services.

5.2 If you are a copyright owner or an agent thereof and believe that any Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

5.2.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
5.2.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
5.2.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Cora Digital to locate the material;
5.2.4 Information reasonably sufficient to permit provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5.2.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5.2.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5.3 Cora Digital's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent at Cora Digital, Inc.;2570 Holiday Rd. Coralville, IA 52241; email: copyrightagent@coradigital.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Cora Digital. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

5.4 Counter-Notification: If you believe that your Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content that was removed, you may send a counter-notice containing the following information to the Copyright Agent:

5.4.1 Your physical or electronic signature;
5.4.2 Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
5.4.3 A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
5.4.4 Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cedar Rapids, Iowa, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

5.5 If a counter-notice is received by the Copyright Agent, Cora Digital may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cora Digital's sole discretion.

6. Privacy Policy

Cora Digital processes sales on behalf and under contract for Client's that purchase the right to sell Content on Cora Digital's Website. Cora Digital will provide your purchase information, other than credit card information, to Cora Digital's clients. Please read Cora Digital's Privacy Policy for more details.

7. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT THEREON ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". CORA DIGITAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED BY CORA DIGITAL OR CORA DIGITAL'S CLIENTS UNDER THIS AGREEMENT. CORA DIGITAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, INTERUPTIONS OR INACCURACIES OF THE WEBSITE OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM

YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR CONTENT SHIPPED TO YOU ON A PHYSICAL MEDIUM. CORA DIGITAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CORA DIGITAL'S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CORA DIGITAL'S SOLE ROLE IN A TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES IS AS A PAYMENT PROCESSOR. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL CORA DIGITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CORA DIGITAL'S WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CORA DIGITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8.2 YOU SPECIFICALLY ACKNOWLEDGE THAT CORA DIGITAL SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OF CORA DIGITAL'S CLIENTS AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8.3 The Website is controlled and offered by Cora Digital from its facilities in the United States of America. Cora Digital makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnification

You agree to defend, indemnify and hold harmless Cora Digital, its directors, officers, employees and agents from and against any and all claims, damages, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees) that arise or result from (i) your use of and access to the Website; (ii) your violation of these Terms of Use, including, but not limited to, any obligation, representation, or warranty made herein; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your negligence or breach of any agreement with Cora Digital's Clients. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

10. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

11. Notice

11.1 Unless otherwise specifically provided, all notices required or permitted by these Terms of Use shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Customer chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.

Cora Digital, Inc. 2570 Holiday Rd.
Suite 100
Coralville, IA 52241

11.2 You may contact Cora Digital at 319-337-4110 M-F from 9:00-5:00 CST or visit us at our website at, www.coradigital.com any time.

12. Miscellaneous

12.1 You agree as follows:

12.1.1 This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and supersedes, supplants, and renders null and void any and all prior and contemporaneous negotiations, discussions, proposals, agreements, understandings, representations or communications, oral or written, of the parties hereto with respect to the subject matter hereof.
12.1.2 This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa, without regard to the choice of law provisions of that State. Any claim relating to this Agreement must be brought within one year of the date on which the claim arises. Any dispute between the parties relating to this Agreement shall resolved only in the Iowa District Court for Johnson County or the United States District Court for the Southern District of Iowa (Davenport Division).
12.1.3 If any Section or other provision of this Agreement, or the application of such Section or provision, is held invalid, then the remainder of this Agreement, and the application of such Section or provision to persons or circumstances other than those with respect to which it is held invalid, shall not in any way be affected or impaired thereby. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction or panel of arbitrators to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision.
12.1.4 Money damages would not be a sufficient remedy for breach of this provision and Cora Digital shall be entitled to specific performance for any such breach in addition to any other remedies available to it at law or in equity.
12.1.5 No waiver of any term in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
12.1.6 Cora Digital reserves the right to amend these Terms of Us at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.
12.1.7 Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.