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PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING THE TRADTUNES INTERNET WEBSITE. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT AND THE RELATED PRIVILEGES.
Acceptance of Conditions of Use
Premises
Changes in Internet Sites
Personal Use
Technical Requirements
Usage Rules
Order Acceptance Policy
Registration and Security
Fees and Payments
Links
Intellectual Property
Representations and Warranties
Limitation of Liability
Cancellation
Waiver and Indemnity
How to Contact Us About this Policy
1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By using the TradTunes Internet Website (TradTunes.com), referred to in this agreement as “TradTunes”, you acknowledge having read and understood these conditions of use and, accordingly, you agree to abide by them as well as any future modifications which may be made. These conditions of use represent an agreement between you and TradTunes.
1.2. These conditions of use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current conditions of use, they will be posted at least thirty (30) days prior to their coming into force and users who have forwarded their e-mail addresses to us will be notified directly thereof by electronic mail.
Please refer to these conditions of use regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these conditions of use, you should not use the TradTunes Internet Website . In addition, should you consider any future amendments made to these conditions of use to be unacceptable, you can cancel your account with us at any time.
2.1. TradTunes operates its Internet site from its office in the United Kingdom . TradTunes does not make any representation to the effect that all items on its Internet site may be used in other locations. People who access The TradTunes Internet Website do so at their own initiative and are responsible for complying with all laws applicable to them.
2.2. By using The TradTunes Internet Website, you acknowledge and agree that these conditions of use are governed by laws applicable in the United Kingdom and that any litigation ensuing from, or related to, the use of the TradTunes Internet Website and services will be subject to the jurisdiction of the Courts of the United Kingdom .
3. CHANGES IN INTERNET SITES
3.1. TradTunes may modify, cancel or terminate any item contained in its Internet site, at any time, including the availability of any function, database or content. TradTunes may also impose limits on certain items or restrict the access to certain sections of its Internet site without prior notice and without incurring its liability.
4.1. All the items contained in the TradTunes Internet Website are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in The TradTunes Internet Website for commercial or advertising purposes without the written consent of TradTunes.
5. TECHNICAL REQUIREMENTS
5.1. You acknowledge that the use of the TradTunes Internet Website, and products purchased through TradTunes, such as music, images, video, artwork, text, software and other copyrightable materials (“Products”), impose usage rules established by TradTunes and its licensors. The Usage rules are set out in section 5 of this agreement. You agree that your purchase of Products constitutes your agreement to use such products in accordance with the Usage Rules, and that any other use of the Products may result in civil or criminal liability. TradTunes reserves the right to modify the usage rules at any time. Your compliance with the Usage Rules may be monitored by TradTunes and TradTunes reserves the right to enforce the Usage Rules with or without notice to you.
5.2 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 authorized digital player devices), and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, TradTunes shall be without liability to you in the event of its loss, destruction, or damage.
5.3 Where you wish to purchase WMA files, before using the Service you must first install Microsoft Corporation's Windows Media™ Player 7 Series, or a later higher version. You will also have to install a software program that is used to compress and decompress ("codec") music files. At present, the only approved codec is Microsoft Corporation's Windows Media™ Audio version 9, or higher. TradTunes 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.
6.1 You are entitled to download, export, burn or copy Products solely for personal, noncommercial 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 TradTunes.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.
6.2 You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, 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, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable 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). 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. 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.
6.3 You may download music to a single computer. You may then transfer music files and, where appropriate, backup license files to up to two additional personal computers. You may play music an unlimited number of times on up to three personal computers. You shall be entitled to:
burn Products solely for personal, non-commercial use up to ten times, and
export Products solely to a portable device capable of playing MP3 or Windows Media ™ Audio ("WMA") files such as a WMA-compliant MP3 player an unlimited number of times.
6.4 Without limiting any provision herein, TradTunes makes no warranty that any particular compact disc burner or portable device will be compatible with the service 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 corectly.
6.5 The delivery of a Product does not transfer to you any commercial or promotional use rights in the Product.
7. ORDER ACCEPTANCE POLICY
7.1 All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement.
7.2 In addition, the following restrictions apply to your purchase:
Age Requirement for use of the Service .
The Service is available only for individuals who are over eighteen (18) years of age. TradTunes is relying on your representation that you are at least 18 years of age; TradTunes 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 only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. TradTunes does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service 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, 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.
Use on up to three computers .
You may download music to a single computer. You may then transfer music files and backup license files to up to two (2) additional personal computers. You may play music an unlimited number of times on up to three (3) personal computers. For WMA files, you shall be entitled to 1) burn Products solely for personal, non-commercial use up to ten (10) times total, and 2) export Products solely to a portable device capable of playing WMA files such as a WMA-compliant MP3 player an unlimited number of times.
Download within 90 days .
For WMA files, 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.
8. REGISTRATION AND SECURITY
8.1. When you register, you must select a user name, and you have the option to change your nominated Password. You cannot (i) choose or use someone's password with the intention of pretending to be that person; (ii) use a password in which someone else has rights, without that person's authorization; or (iii) use a password or a user name that TradTunes, at its sole discretion, considers offensive.
8.2. You are responsible for maintaining the confidentiality of your password and user name. You should notify TradTunes as soon as possible by e-mail ( info@tradtunes.com ) of any known or suspected use of your account, or of any known or suspected breach of security.
8.3. You are responsible for any use of your accounts on the TradTunes Internet Website . TradTunes cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
9.1. Payment for Products - You agree to pay for all Products you purchase through the Service, and that TradTunes is authorised 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 be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing TradTunes with a valid payment method for payment of all fees.
9.2. Payment Methods - TradTunes currently accepts most major credit and debit cards, Visa or MasterCard branded debit cards,. If using a credit or debit card, TradTunes obtains a pre-approval from the issuing bank at the time your order is placed. Your credit or debit card will be billed when the Product is "shipped". For purposes of the Service, an order will be deemed "shipped" when the link for the Product download is presented to you. TradTunes may bill your chosen payment method before each individual Product is shipped, or may aggregate multiple purchases you make through the Service into a single charge to your account. Debit cards and credit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please review the data you have entered to ensure it is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card, shopping card, or check.
9.3 Prices - TradTunes reserves the right to change prices for Products offered at TradTunes.com Music Downloads at any time.
10.1. The TradTunes's site contain hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave TradTunes. TradTunes has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and TradTunes cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the
sites in question. The fact that third party sites are identified on The TradTunes Internet Website should not in any way be interpreted as an endorsement by TradTunes and does not incur its liability in any way. TradTunes cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
11. INTELLECTUAL PROPERTY
11.1. The trademarks and logos used or posted on The TradTunes Internet Website are trademarks and logos registered or not by TradTunes or third parties. Nothing on The TradTunes Internet Website may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on
The TradTunes Internet Website for commercial or advertising purposes or to increase the number of visitors to your site.
11.2. All the items on the TradTunes Internet Website (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to TradTunes or third parties acting as content providers.
Except for certain clearly stated exceptions, no items on the TradTunes Internet Website must be interpreted as giving you any right whatsoever with regard to the intellectual property of TradTunes or of a third party acting as a content provider.
11.3. Subject to section 11.4 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on the TradTunes Internet Website (including any software), in whole or in part.
11.4. You can download or copy only for your personal use for non-commercial purposes items from the TradTunes Internet Website provided you maintain all the intellectual property notices they contain. Copying or memorising any item for purposes other than personal use is strictly forbidden without the prior written permission of TradTunes or the holder of the copyrights identified in the notice of intellectual property.
12. REPRESENTATIONS AND WARRANTIES
12.1. You hereby indemnify, defend and hold TradTunes, its directors, officers, employees, affiliated businesses, representatives and content providers (collectively referred to as "TradTunes") harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by TradTunes related to any claim, proceeding, action or stay ("Claim") ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. TradTunes reserves the right to participate in the defence of any such Claim and to be represented by an attorney of its choice.
13. LIMITATION OF LIABILITY
13.1. The TradTunes Internet Website and the items it contains are offered to you on an "as is" basis by TradTunes, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, TradTunes makes no representations about the comprehensive nature of the results of your searches conducted on the Internet site(s). You hereby acknowledge and agree that your use of the TradTunes Internet Website is at your own risk.
13.2. TradTunes makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on the Internet site(s) by any user, content provider or other person.
13.3. TradTunes disclaims all liability related to any error which may be found on its Internet sites. Thus, TradTunes and any third party providing content on the TradTunes Internet Website , their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of The TradTunes Internet Website, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
14.1. TradTunes can, at its sole discretion, cancel or suspend your account to the Internet site(s) in whole or in part for any reason, including, without limitation, the non-compliance with these conditions of use.
15.1 By using the Service, you agree to indemnify and hold TradTunes, 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 TradTunes 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 TradTunes, 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 TradTunes' conclusion that a violation of this Agreement has occurred.
16. HOW TO CONTACT US ABOUT THIS POLICY
16.1. Should you have a claim related to a copyright infringement of any of the materials contained in the TradTunes Internet Website , or for any other correspondence, you can reach us at the following address:
TradTunes
www.tradtunes.com
E-mail: info@tradtunes.com |