MUSIC DOWNLOAD TERMS AND CONDITIONS

1. Introduction

1.1 These terms and conditions shall govern the sale and supply of downloadable music files through our website, and the use of those music files.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer.

2. Interpretation

2.1 In these terms and conditions:

(a) “we” means Duane Arthur (and “us” and “our” should be construed accordingly);

(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);

(c) “music files” means those music files that are available for purchase on our website; and

(d) “your music files” means any such music files that you have purchased through our website (including any enhanced or upgraded version of the music files that we may make available to you from time to time).

(e) “images” means any image associated with the purchase of your music files, including but not limited to album art, liner notes, photographs, logos and trademarks.

(f) “lyrics” means any written or spoken word content associated with your music files in any format.

3. Order process

3.1 The advertising of music files on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3 [or [alternative order procedure]].

3.3 To enter into a contract through our website to purchase downloadable music files from us, the following steps must be taken: [you must click to download the music files you wish to purchase; by doing so, you acknowledge that you consent to the terms of this document; you will be transferred to our payment service provider’s website (PayPal), and our payment service provider will handle your payment; after payment has been received you will be redirected to a download page where you will have access to download the purchased music files.

4. Prices

4.1 Our prices are quoted on our website.

4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5. Payments

5.1 You must, during the checkout process, pay the prices of the music files you order.

5.2 Payments may be made by [any of the permitted methods specified on our website from time to time].

6. Licensing of Music Files

6.1 We will supply your music files to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.

6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a [worldwide, non-expiring, non-exclusive, non-transferable] licence to make any use of your music files permitted by section 6.3, providing that you must not in any circumstances make any use of your music files that is prohibited by section 6.4.

6.3 The “permitted uses” of your music files are:

(a) downloading a copy of each of your music files;

(b) copying, storing and listening to copies of your music files on [not more than 3] desktop, laptop or notebook computers;

(c) making, storing and listening to copies of your music files on [not more than 3] portable digital music players, mobile telephones, tablet computers or similar mobile devices; and

(d) making, storing and listening to copies of your music files on [not more than 3] CD-RWs, DVD-Rs, DVD-RWs, DVD+Rs, DVD+RWs or similar storage media.

6.4 The “prohibited uses” of your music files are:

(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any music file, image, lyrics (or part thereof) in any format;

(b) the editing, modification, adaptation or alteration of any music file, image, lyrics (or part thereof), and the creation of any derivative work incorporating any music file, image, lyrics (or part thereof);

(c) the use of any music file, image, lyrics (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d) the use of any music file, image, lyrics (or part thereof) to compete with us, whether directly or indirectly;

(e) any commercial use of any music file, image, lyrics (or part thereof); and

(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any music file, image or lyrics for the purpose of preventing unauthorised use,

providing that nothing in this Section 7.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your music files.

6.6 All intellectual property rights and other rights in the music files, images or lyrics not expressly granted by these terms and conditions are hereby reserved.

6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any music file, image or lyrics.

6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.

6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.

6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant music files, images or lyrics in your possession or control.

6.11 Upon the termination of the licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant music files, images or lyrics in your possession or control, and permanently destroy any other copies of the relevant music files, images or lyrics in your possession or control.

7. Distance contracts: cancellation right

7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

7.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the contract is entered into,

Subject to Section 7.3. You do not have to give any reason for your

withdrawal or cancellation.

7.3 You agree that we may begin the provision of the music files before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of music files before the end of that period, you will lose the right to cancel referred to in Section 7.2.

7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You must inform us by any clear statement setting out the decision. In the case of cancellation, you may inform us through the email provided on our website or set out in Section 19.

8. Content

Content found on or through our website are the property of Duane Arthur or used with permission. You may not distribute, modify, transmit, reuse, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

9. Intellectual Property

We and our original content, are and will remain the exclusive property of Duane Arthur and our licensors. Duane Arthur is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks, music files, images and lyrics may not be used in connection with any product or service without the prior written consent of Duane Arthur.

10. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF US, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. Waiver And Severability

No waiver by us of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

18. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

19. Contact Us

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