|
Terms
Terms of service 11.04.2009... INTERNATIONAL KARAOKE DISTRIBUTION LTD 1 General This is an agreement between you and International Karaoke Distribution Ltd, and where applicable, its principals (hereinafter “International Karaoke Distribution Ltd”, with its affiliates, “IKD” or “We”). Before using the International Karaoke Distribution karaoke download service (hereinafter “the Service”), please read these Terms of Use including all rules and polices related to the Service (including, but not limited to, any product-specific rules or usage provisions specified on any product detail page or in any link from a product detail page). By using our Service you will accept these Terms of Use. It is recommended to save or print the Terms of Use for your later use and to read them again each time you enter in to our Service in order to notice possible updates and changes in them. 2 The Service The Service offers downloads of digitized versions of karaoke recordings, artwork and information relating to such audio recordings (hereinafter Digital Content), and other Digital Content services under the terms and conditions in the Terms of Use. 3 Digital Content Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. 4 Restrictive Provisions You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in these Terms of Use. You agree not to infringe the rights of the Digital Content's copyright or other intellectual property right owners. You agree to comply with all applicable laws in your use of the Service and the Digital Content. Except as set forth in these Terms of Use, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law. You acknowledge that it is forbidden to copy, redistribute or misuse this Service or parts of it. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable. 5 The Age of the End User To be able to download (and purchase) the products from our Service, you must be of legal age. 6 No-Right to return, Re-supply and Compensation You agree that all sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it for your personal use. If you are unable to complete a download after having reviewed our online help resources, please contact International Karaoke Distribution customer service. If it appears that the Digital Content you downloaded was inaccurate and the inaccuracy of the product will be found or a according to our downloading report there was a faulty during the download IKD will give you a new similar product to compensate the inaccurate product or failed download. You shall have no right to mentioned compensations (re-supply) if it appears that you have used our Service or Digital Content against these Terms of Use or the laws in force or if we have noticed that you have not complied with the terms of payment.Refunds may occasionally be offered at the discretion of the management. You shall have no right to mentioned compensations (re-supply) if the product has broken or disappeared after a successful download. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice and we reserve all rights to update and modify the content of the Service without a notice. 7 Service You may use the Service only in connection with the Service. You may not separate any individual component of the Service for use other than in connection with the Service. You may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs. You may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Service or otherwise assign any rights to the Service whole or in part. We may discontinue some or all of any Service we provide, and we may terminate your right to use the Service or any Digital Content at any time and in such event may modify it to make it inoperable. You may not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Service, whether in whole or in part, or create any derivative works from or of the Service. We may offer updates of the Service, from time to time, for feature enhancement, security or other purposes. 8 Export Regulations You agree to comply with all export and re-export restrictions and regulations of any authorities that may apply to the Service or the Digital Content. 9 Reservation of Rights Except for the rights explicitly granted to you in the Terms of Use, all right, title and interest in the Service and the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Service or Digital Content as a result of downloading Service or Digital Content. 10 Territorial Restrictions As required by our Digital Content providers, Digital Content will, unless otherwise designated, be available to all customers located in all territories. 11 Limitation of the Liability You acknowledge that our liability to you shall be limited as follows: (I) in no event shall our or our Digital Content providers' total liability to you for all possible damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to purchase (downloads), on the Service or the Digital Content related to your claim(s) for damages. (II) in no event shall our or our content licensors' total liability to you for all damages (other than as may be required by applicable imperative law) arising out of or related to your use or inability to use the Service or the Digital Content exceed the amount of 40 euros. (III) These limitations will apply to you even if the remedies fail of their essential purpose. 12 Termination and Amendments Your rights under the Terms of Use shall automatically be terminated without notice by us if you fail to comply with any of the Terms of Use or the law in force. In case of such termination, you must cease all use of the Service and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms of Use will not constitute a waiver of any of our rights. We may amend any of the Terms of Use at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it. It is recommended to review the Terms of Use frequently to notice any changes in them. 13 Third-Party Beneficiaries Digital Content copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against you and invoke all rights hereunder including limitations of liability. 14 Applicable Law International Karaoke Distribution Ltd has its registered domicile in Salford, UK. You agree that each possible dispute or disagreement arising out of or related to these Terms of Use or the usage of the Service or Digital Content shall be settled in the English court and according to the laws of England. 15 Contact Information For communications concerning the Terms of Use, please write to INTERNATIONAL KARAOKE DISTRIBUTION LTD,Unit 4, Modewheel Industrial Estate,M50 1DE,Salford,UK info at karaokeserver.net .
|