Important Update: Music Download Service Discontinued
We appreciate your interest in our MP3 music download service. However, we have discontinued this service and no longer offer digital music downloads.
You will still be able to enjoy the digital music you purchased and downloaded from Walmart.com. Your complete purchase history and the ability to authorize/deauthorize DRM-protected WMA files is available once you sign in to your account. Any MP3 files you purchased from Walmart can be moved to multiple new computers, as usual.
If you had credit left on any of your MP3 Music Gift cards, you should have already received a Walmart eGift Card of equal value. If you haven't received that eGift Card, please contact customer service.
If you have MP3 Music Gift Cards that you haven't used, visit this section of our site to redeem those MP3 Music Gift Cards for Walmart.com eGift Cards of equal value, which can be used as cash to purchase any available items from Walmart.com.
For more information about how to use the music files you've purchased, or to ask any other questions about this service, please contact customer service.
WMA Music Files
If you downloaded music from Walmart before February 2008, some of your music files may be in the Windows Media Audio (WMA) format. WMA music files:
- Play on Windows computers only - they do not play on Macintosh computers
- Play on Windows Media Player and other WMA-compatible players on your computer - they do not play on iTunes
- Play on Zune, Sony, Creative, SanDisk, and other WMA-compatible portable players - they do not play on iPods
Additionally, previously purchased WMA music files are protected by Digital Rights Management (DRM), also known as Media Usage Rights. This means that each WMA file requires a license to play on your computer. After you purchased each WMA music file, its license was downloaded when you first played the song on your computer. While you can see WMA music files in Windows Explorer, the corresponding license files are stored on your computer separately and are hidden from view.
When you try to play a DRM protected WMA music file on Windows Media Player (or another WMA-compatible player), the player looks for the associated license on your computer. If the license is found, your WMA music file will play. If the license is not found, your WMA music file will not play. Instead, a License Acquisition message will be displayed and you will need to authorize your computer to play your WMA music files.
If you are able to play your WMA music files on your computer, your licenses are intact and you do not need to authorize your computer.
Locate WMA Music Files on Your Device
You can find WMA music files on your computer by searching for file names that contain .wma
Determine if WMA Music Files were Sourced from Walmart Music Downloads
Go to your Walmart MP3 Music Downloads Account Songs page and select the time period More Than 1 Year Ago. Any songs purchased before February 2008 and marked with the status Discontinued are WMA music files.
If the store requires you to log in, you are taken to the Overview tab. Select the Songs tab and select the time period More Than 1 Year Ago. Any songs purchased before February 2008 and marked with the status Discontinued are WMA music files.
WMA Music Files Don't Play On Computer
If your WMA music files do not play on your computer, the problem is most likely due to an issue with licenses. If you are using the computer to which your WMA music files and licenses were originally downloaded, it is possible that the license files were damaged and need to be replaced.
If you have copied your WMA music files from the computer to which they were originally downloaded to another computer, the licenses were not copied and need to be downloaded to the new computer. In either case, acquire the appropriate licenses to play your WMA music files when you authorize your computer.
Authorize Your Computer
If the licenses to play your WMA music files are not installed on your computer, you will need to authorize your computer to play your WMA music files. To authorize your computer simply means to download the licenses associated with your purchased WMA music files so these songs will play on your computer.
If you have copied your WMA music files to more than one computer, you must authorize each computer, one-at-a-time, to play your WMA music files.
- Go to your Walmart MP3 Music Downloads Account Options page. If you are not already signed in to your Walmart.com account, you will need to sign in.
- On the Account Options page, look for the Computer Authorization box and select Authorize This Computer.
- When the Computer Authorization box overlays your Account Options page, select Authorize computer so it can play WMA music previously purchased from Walmart Music Downloads and then select OK.
The Walmart MP3 Music Downloads Manager starts transferring the licenses to your computer and your computer is added to the list of authorized computers on your Account Options page. When your licenses finish downloading, you can play your WMA music files on your computer.
Windows Media Player
Windows 7, XP, and Vista users must have at least Windows Media Player 10 installed. Windows 98, ME, and 2000 users must have at least Windows Media Player 9 installed.
Windows 7, XP, and Vista Users
If you try to authorize or deauthorize your computer but do not have Windows Media Player 10 (or higher number) installed, you will get an error message. To fix, download and install the latest version of Windows Media Player (free).
Windows 98, ME, and 2000 Users
If you try to authorize your computer but do not have Windows Media Player 9 installed, you will get an error.
If you try to deauthorize a computer running Windows 98, ME, or 2000, you will get an error message. Walmart MP3 Music Downloads currently supports self-deauthorization for computers running Windows XP and Vista only.
If you need to deauthorize a computer running Windows 98, ME, or 2000 or have any other questions or concerns, please contact Customer Service or call 800-222-8132, from 8:00 a.m. to 10:00 p.m. CST, seven days a week.
License Acquisition Message
If you try to play a WMA music file on Windows Media Player (or another WMA-compatible player) on your computer and the License Acquisition message displays, it means you need to authorize the computer and download the appropriate licenses. To start the authorization process from the License Acquisition message, select the green Go button. If you have closed the License Acquisition message, you can start the authorization process from your Walmart MP3 Music Downloads Account Options page. If you are not already signed in to your Walmart.com account, you must sign in.
Computer Authorization Box on Account Options Page
If the purchase history of the account to which you are currently signed in contains no WMA music files, the Computer Authorization box is displayed on your Account Options page. You can't authorize your computer if you have never purchased WMA music files.
If you purchased WMA music files with a different Walmart.com account, sign out of your current account, sign in to the account that was used to purchase the WMA music files, and then return to the Account Options page. The Computer Authorization box will be displayed on the Account Options page for that account.
Authorize This Computer Button on Account Options Page
If the Computer Authorization box is displayed on your Account Option page, but the Authorize This Computer button is not displayed, it is likely due to one of the following causes:
- The Walmart MP3 Music Downloads Manager, required for authorization, has not been installed on your computer, or the version that has been installed needs to be updated. To fix, install, or update the Walmart MP3 Music Downloads Manager and return to your Account Options page.
- Your computer has already been authorized. Look at the list of authorized computers on your Account Options page. If (this computer) is displayed to the right of one of the authorized computer names, your computer has already been authorized. If your computer has been authorized, but your WMA music files do not play, it is possible that the licenses have been damaged and need to be replaced.
To fix, select Change for the computer marked (this computer). When the Computer Authorization box overlays your Account Options page, select Reauthorize computer so it can play WMA music previously purchased from Walmart Music Downloads and then select OK.
The Walmart MP3 Music Downloads Manager starts transferring the licenses to your computer. When your licenses finish downloading, you can play your WMA music files on your computer.
Your account has already authorized the maximum of three computers. Look at the list of authorized computers on your Account Options page. If three computers are listed, and (this computer) is not displayed to the right of one of the authorized computer names, you must deauthorize one of your other computers before you can authorize this computer.
Deauthorize Your Computer
To deauthorize your computer simply means to remove the licenses associated with your WMA music files so these songs will not play on your computer. There are two main reasons why you might want to deauthorize your computer:
- You want to sell or give your computer to someone else and the new owner should not have access to the licenses for the WMA music files you purchased.
- You have already authorized the maximum of three computers and you want to authorize another computer. You need to deauthorize one of the three authorized computers before you can authorize another computer.
How To Deauthorize Your Computer
- Go to your Walmart MP3 Music Downloads Account Options page on one of the computers you previously authorized. If you are not already signed in to your Walmart.com account, you will need to sign in.
- Look at the list of authorized computers on your Account Options page. Select Change for the computer marked (this computer). When the Computer Authorization box overlays your Account Options page, select Deauthorize computer so it can not play WMA music previously purchased from Walmart Music Downloads
- Select OK
It takes a few minutes for the WMA music file licenses to be removed from your computer. When your computer is fully deauthorized, its name is removed from the list of authorized computers and you no longer be able to play WMA music files on it.
Can't Access the Computer You Want to Deauthorize
In some cases, you may not be able to sign in to your Walmart.com account on a computer you want to deauthorize; for example, you may have sold or given the computer to someone else or you may not be able to start the computer, etc.
If you can't sign in to your Walmart.com account on the computer you want to deauthorize, you may contact Customer Service to request deauthorization.
Customer Service assistance to deauthorize is limited to once a year of one computer associated with your account.
Shared Computer or More Than One Walmart.com Account
WMA music licenses are issued to the specific Walmart.com account (email address) that originally purchased the WMA music files. If you have authorized your computer but still cannot play WMA files previously purchased from Walmart, consider whether those WMA music files may have been purchased with a different account.
If you used a different account to purchase the WMA music files, sign out of your current account, sign in to the account that was used to purchase the WMA music files, and return to the Account Options page.
If you share your computer with other household members, ask them to sign in to their account and authorize the computer to play the WMA music files purchased under their accounts.
Change Your Computer's Name
Each of your authorized computers must have a unique name. To change the name of one of your authorized computers:
- Go to your Walmart MP3 Music Downloads Account Options page. If you are not already signed in to your Walmart.com account, you will need to sign in.
- Look at the list of authorized computers on your Account Options page
- Select Change for the computer name you want to change
- When the Computer Authorization box overlays your Account Options page, select Rename computer, type the new name into the text box
- Select OK
WMA Music Files not Purchased from Walmart
Authorization via your Walmart.com account transfers licenses for WMA music files purchased from Walmart only. If you have difficulty playing WMA music files purchased from another online store, you will need to visit that particular store to learn about options for acquiring licenses for those songs
Authorize applies only to WMA Music files, Windows-based Computers, and WMA-compatible players. Authorize enables your Windows-based computer to play WMA music files on WMA-compatible players such as Windows Media Player.
- Authorize does not enable your WMA music files to play on a Macintosh®
- Authorize does not enable your WMA music files to play on iTunes®
- Authorize does not enable your WMA music files to play on Apple iPod® and Microsoft Zune™
Play WMA Music Files On Portable Player
You do not need to authorize your portable players. Just make sure to copy your WMA music files from an authorized computer to your WMA-compatible player.
Back up Your Music Files
To protect your music investment, you may want to backup or burn your music files to CD. CD backups ensure continued access to your music files in the event you lose access to your computer or the files on your computer become damaged. Most recent computers are equipped with a CD Burner capable of performing a backup.
MP3 Music Files do not Require Authorization
The information presented above applies only to WMA music files, which Walmart MP3 Music Downloads no longer sells. Since February 2008, Walmart has been selling music files exclusively in the MP3 format. MP3 music files do not require licenses or computer authorization, play on both Windows and Macintosh computers, play on iTunes for Windows and Macintosh, and play on iPods as well as most other portable players. At this time, Walmart.com does not support upgrading or converting your previously purchased WMA music files to the MP3 format.
Walmart.com Music Downloads Terms of Service
Wal-Mart.com USA, LLC ("Walmart.com") is no longer offering downloadable content for sale through Walmart.com Music Downloads (the "Service"). The Service will continue to exist solely with respect to content previously acquired via the Service, and solely insofar as, and for so long as, Wal-Mart.com deems necessary. This End User License Agreement, a version of which you entered into when you previously used the Service and when you purchased content via the Service, has been modified accordingly.
This End User License Agreement is a legal agreement ("the Agreement") between you and Walmart.com stating the terms that govern your use of product(s) you purchased through the Service, such as music, video and other copyrightable materials ("Products") and any continued use by you of the Service with respect to such Products. Please read the entire Agreement carefully. You must abide by the terms of the Agreement as presented in order to continue to use the Products and with respect to any continued use of the Service (e.g., with respect to the authorization, reauthorization or deauthorization of computers in connection with Products purchased in the form of WMA music files). Changes, additions, deletions or counteroffers will not be accepted.
Walmart.com may from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check this End User License Agreement (available in the Music Downloads Help section) periodically for changes. Your continued use of the Service and/or Products following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as amended, you must stop using the Service and the Products.
2. Your Information.
3. User Account and Service Security.
Account and Password. As a registered user of the Service, you may have received or established an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases that occurred and other activities that occurred or may occur on or through your Account, and you agree to immediately notify Walmart.com of any unauthorized use of your Account or any other breach of security. Walmart.com shall not be responsible for any losses arising out of unauthorized use of your Account.
Walmart.com will obtain your consent before allowing the download of any software from the Walmart.com website, and Walmart.com will not automatically download any software to your computer system. Once you consent to the initial download of any software, you may receive automatic updates or patches pertaining to such software. You understand and agree that any material, including but not limited to downloaded software, required or automated updates, modifications, reinstallations, or software otherwise obtained through the use of the Walmart.com website is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result from any such material.
Security. You understand that the Service and Products may include a security framework using technology that protects digital information and imposes usage rules established by Walmart.com and its licensors ("Usage Rules"). The Usage Rules are part of this Agreement and may be directly accessed by clicking here. You agree that your purchase of Products constitutes your agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may result in civil or criminal liability. Walmart.com reserves the right to modify the Usage Rules at any time. Your compliance with the Usage Rules may be monitored by Walmart.com, and Walmart.com reserves the right to enforce the Usage Rules with or without notice to you.
4. Technical Requirements.
Product and Service Requirements. You acknowledge that use of Products requires other hardware and software tools (e.g., for making copies of Products on physical media and rendering performance of Products on digital player devices), and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, Walmart.com shall be without liability or obligation to you in the event of its loss, destruction, or damage. Before using the Service to purchase Products, you had to install a software program that is used to compress and decompress ("codec") music files. Walmart.com reserves the right to change at any time, with or without prior notice to you, the software required to download, transfer, copy and use or limit use of the Products.
5. Usage Rules.
You are entitled to download, export, burn or copy Products solely for personal, noncommercial entertainment use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by Walmart.com or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use the Products for personal use in accordance with the terms of this Agreement.
You may not reproduce (except as noted above), share, transfer, publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, modify, edit, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or the materials contained therein, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify, disable or otherwise tamper with any of the security components, special rules or other protection applications for any reason whatsoever, including without limitation, any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g., to provide sound for a film). Your purchase of the Product does not also include any uses of the Product that implicate or require synchronization rights or public performance rights or print publishing rights which would need to be obtained and/or paid by you with respect to the musical composition embodied in the Product. You may not use any Products as musical "ringers" in connection with mobile devices. You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. You may not infringe the rights of the copyright owners of the Products and you agree to comply with all the laws in your use of the Products. All Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.
Album cover artwork and/or graphics are at all times subject to all rules and restrictions applicable to Products, including all Usage Rules in this Section 5, and no such display shall confer any rights upon you for reproduction or use of the artwork and graphics.
With respect to Products purchased prior to February 2008, the rights and restrictions governing your use of such Products is set forth at http://www.walmart.com/cp/MP3-Music-Download-Service/1088220 , and such terms shall be deemed incorporated herein by reference.With respect to Products purchased in or after February 2008, subject to the terms hereof, you may play, transfer, backup, store and burn such Products as much as reasonably necessary for personal, non-commercial use on an unlimited number of personal computers or portable devices. All files are provided for your own personal entertainment use and not for redistribution of any kind. Any other copying is expressly prohibited.
WITHOUT LIMITING ANY PROVISION HEREIN, WALMART.COM MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR PRODUCTS OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
The delivery of a Product did not transfer to you any commercial or promotional use rights in the Product.
Security Technology. You acknowledge that certain Products may contain security technology that limits your use of Products in accordance with the Usage Rules.
6. Order Acceptance Policy; Changes to the Service; Other Restrictions.
Changes to the Service. Walmart.com and/or the owners of the content, may from time to time, remove content from the Service without notice.
Territory. You agree not to use or attempt to use the Service from outside of the United States. Walmart.com may use technologies to verify your compliance. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
In addition, the following restrictions applied and continue to apply to your purchase:
Age Requirement for use of the Service. The Service was and continues to be available only for individuals who are eighteen (18) years of age. Walmart.com is relying on your representation that you are at least 18 years of age; Walmart.com would not have allowed you to purchase Products, would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18 but at least 13 years of age, you may use the Service and Products only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. Walmart.com does not intentionally or knowingly collect personal information about children under the age of 13. Children under the age of 13 may not use the Service or Products and parents or legal guardians may not enter into to this Agreement on their behalf. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service and Products, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service or Products.
Usage Rules. You must use the Product(s) in accordance with the Usage Rules set forth in Section 5 above.
Download within 90 days. You must download the Product within 90 days of purchase. After 90 days, the Product will no longer be available for you to download. There is no refund for Products that are not downloaded within 90 days.
First play within 120 days. You must play the Product for the first time within 120 days of purchase. After 120 days, if you have not yet played the Product, the license file that is required to play the Product will no longer be available. There is no refund for Products that are not played for the first time within 120 days.
7. Agreement to Pay.
Payment for Products. You agreed to pay for all Products you purchased through the Service, and Walmart.com was authorized to bill your chosen payment method for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may have accrued in connection with your Account. You are responsible for the timely payment of all fees and for providing Walmart.com with a valid payment method for payment of all fees. All fees were billed to the payment method you designated during the registration process.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and previously included the ability to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you have entered into and may enter into on this Service, including notices of cancellation, policies, contracts, and applications.
Payment Methods. Major credit cards, Visa or MasterCard branded debit cards, and Wal-Mart Gift cards were accepted forms of payment for the purchase of Products. If the Product was purchased using a credit or debit card, Walmart.com obtained a pre-approval from the issuing bank at the time your order was placed. Your credit or debit card was billed when the Product was "shipped". For purposes of the Service, an order was deemed "shipped" when the link for the Product download was presented to you. Walmart.com may have billed your chosen payment method after each individual Product shipped, or may have aggregated multiple purchases you made through the Service into a single charge to your account. Credit or debit cards issued by banks outside of the United States were not accepted. Debit cards and credit cards have daily spending limits that may have prevented the processing of your order.
Sales Tax. Any applicable sales tax was charged at the time of purchase based on the bill-to address and the sales tax rate then in effect. Tax was only charged in states and localities where music downloads were taxable. No customers are eligible for tax exemptions for purchases made on the Service.
8. Delivery of Product.
If you did not receive your Product at the time of purchase and it is not delivered within a reasonable period of time thereafter, your exclusive and sole remedy with respect to such Product is a refund of the purchase price paid for such Product, as determined by Walmart.com.
9. Intellectual Property.
Acknowledgement of Ownership. You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, previously appearing on or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by Walmart.com and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Products, the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. You acknowledge and agree that your rights with respect to the Service and Products will be limited by copyright law and you agree to make no use of the Service or Products that would infringe on the copyright in the elements thereof. MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Trademarks. WAL-MART STORES, INC., Walmart.com, the WAL-MART logo, and other WAL-MART trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of WAL-MART STORES, INC. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service are 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.
Walmart.com, in its sole discretion, reserves the right to further modify, suspend or completely discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising a part of the Service. Walmart.com will not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. Walmart.com further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or Walmart.com 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 Walmart.com with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules, Walmart.com, 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).
Survival. The provisions of Sections 7, 9, 10, 12, 13, 14, 15, 17 and 18 will survive termination of this Agreement.
11. General Compliance with Laws.
The Service is controlled and operated by Walmart.com 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 and/or Products.
12. Enforcement of These Terms of Service.
Walmart.com reserves the right to takes steps Walmart.com believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Walmart.com'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 Walmart.com 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 Walmart.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Walmart.com'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).
13. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services that have been (or are) made available via the Service may include materials from third parties. In addition, Walmart.com may provide or may have provided links to certain third-party web sites. You acknowledge and agree that Walmart.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Walmart.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are or were provided solely as a convenience to you. The linking by you to any such third-party web sites, is entirely at your own risk.
14. Disclaimer of Warranties; Limitation of Liability.
WALMART.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WALMART.COM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. WALMART.COM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE OR PRODUCTS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WALMART.COM DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
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 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, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMART.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALMART.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WALMART.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND WALMART.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WALMART.COM MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SERVICE.
15. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold Walmart.com, 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 and/or Products, or any action taken by Walmart.com 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. You cannot sue or recover any damages from Walmart.com, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, 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 Walmart.com's conclusion that a violation of this Agreement has occurred.
Walmart.com 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 Products and/or 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 Products and/or the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
17. Governing Law; Remedies.
The laws of the State of California, excluding its conflicts of law rules, govern these Agreement and your use of the Service and/or Products. Your use of the Service and/or Products may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Walmart.com or relating in any way to your use of the Service and/or Products resides in the courts of the State of California.
You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to Walmart.com and/or its affiliates or licensors for which money damages would be inadequate, and in such event Walmart.com, its affiliates and/or licensors, or the owners of the copyright in any Product available through the Service, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Walmart.com, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You acknowledge that you have read and understand this agreement and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy or use the Service, Products and/or software or any music, images, video, text or other material available through the Service.
Last Modified: August 29, 2011