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Definitions
"Company" [Redemption Music whose business
address is at PO Box 1192 - Hamilton, OH 45012-1192];
"Content" means, without limitation, any information, data, text, graphics,
images, designs, software, software compilations, underlying source code and any
other material on the Web Site excluding Third Party Material;
"IPRs" means all existing, future or contingent intellectual property rights
including but not limited to patents, trade marks, service marks, design rights
(whether registrable or not), applications for any of the foregoing, copyright,
database rights, domain names, know-how, confidential information, trade or
business names and any other similar rights or obligations whether registrable
or not in any part of the world, and shall include the right to apply for the
same and the benefit of any and all licenses in connection with the
aforementioned;
"Third Party Material" means, without limitation, any information, data,
adverts, slogans, trade marks, logos, graphics, hypertext and other computer
links and any other material supplied by third parties to the Company for
posting onto the Web Site;
"User" the individual, person, firm or company which enters the Web Site;
"Web Site" [http://www.redemptionmusic.org/catalog]
1. Terms and Conditions
1.1 The Company operates the Web Site which the User has entered and is using.
The User accepts these Terms and Conditions by using the
Web Site.
1.2 The Company may revise the Terms and Conditions at any time and without
notice at its sole discretion. Any change to the Terms and Conditions will be
deemed to take effect immediately after posting onto the Web Site and will be
deemed to be accepted by the User who continues to access to the Web Site. The
User may print and keep a copy of the Terms and Conditions.
2. Operation of the Web Site
2.1 The User shall not be eligible for any compensation because they cannot
access the Web Site or because of the failure, suspension or withdrawal of all
or any part of the Content or of the Web Site. The Company may change, suspend
or cancel the operation of the Web Site or any part of its Content at its sole
discretion at any time and without notice.
3 Ownership
3.1 The IPRs in the Content and the Web Site, excluding Third Party Material,
are the property the Company which shall retain all the rights, title and
interest therein. All rights are hereby reserved.
3.2 No part of the Content or the Web Site may be reproduced by the User other
than as permitted in clauses 1.2 or 4.1, in any form or by any means, including
without limitation, the reproduction of or transmission to or the storage in any
other web site or other form of electronic retrieval system, without the prior
written consent of the Company.
3.3 At no time, shall any IPRs in the Contents or the Web Site pass to the User.
3.4 The Company shall endeavor to ensure that all product names mentioned are
acknowledged as the trade marks or registered trade marks of their respective
owners and that all trade marks are acknowledged.
4 Users Obligations
4.1 The User is permitted to reproduce one hard copy print of limited portions
of the Content or to download parts of the Content as expressly authorized by
the Company in writing prior to such downloading, solely for the purpose of the
User�s own research or private study. Any use for commercial purposes is
strictly prohibited and therefore any commercial use thereof shall constitute a
breach of these Terms and Conditions.
4.2 The User shall not copy, duplicate, distribute, adapt, modify, store (in any
form) or in any way reproduce the Contents or the Web Site or any part thereof
or knowingly permit the same without the Company�s and/or the respective
copyright owners� prior written consent.
4.3 The User shall not be permitted to incorporate any of the Web Site or
Content or any parts of the same in any other work or publication, whether in
hard copy or electronic or any other form.
4.4 The Content published on the Web Site is for information purposes only and
it is the responsibility of the User to identify and confirm the accuracy and
suitability of the Content for whatever purpose the User requires or wishes to
use the Content.
4.5 The User will indemnify the Company in full and hold the Company harmless
against all claims, liabilities, losses, damages and expenses arising out of or
incurred by the Company as the result of any breach of these Terms and
Conditions by the User and any claims made against the Company as a result of
the use by the User of the Web Site, the Content, the Third Party Materials or
any part thereof for whatever purpose.
4.6 The User shall be liable for any material that the User posts onto the Web
Site ("User Material"). Accordingly, the User shall indemnify the Company in
respect of any claims or actions which arise from the User Material, including
without limitation, claims that the User Material is defamatory, blasphemous,
obscene, infringes third party intellectual property rights or is otherwise
actionable under the law of any jurisdiction.
4.7 The Company retains the right to review, edit or delete or remove from the
Web Site, at its sole discretion, any User Material which the Company deems to
be illegal, offensive or otherwise inappropriate.
5 Disclaimer
5.1 The Company does not warrant that the Content, the Third Party Materials or
the Web Site are appropriate for use by the User and accordingly does not
warrant the accuracy, timeliness, completeness or interpretation of any of the
Content and does not accept any liability for any errors or omissions in
connection thereof.
5.2 The Company does not warrant that the Web Site will be uninterrupted,
without delay, error-free, omission-free or free from viruses.
5.3 All conditions, warranties and obligations implied by statute, common law or
otherwise and any liabilities arising there from are excluded to the fullest
extent permissible by law.
5.4 Except in respect of death or personal injury caused by the Company�s
negligence (to which no limit applies), the Company shall not be liable to the
User for any loss, damage, costs, expenses howsoever arising:
5.4.1 for any representation (unless fraudulent) or any implied warranty,
condition or other term; or
5.4.2 under any duty at common law; or
5.4.3 for any indirect, special, incidental, punitive, exemplary or
consequential loss, loss of profit, loss of business opportunity, loss of
business use or business data or infringement of third party intellectual
property rights;
which arise out of or is in connection with the Content of the Web Site, the
provision of the Web Site or its use by the User.
5.5 The Company expressly excludes all responsibility and shall not be liable in
respect of any Third Party Material posted onto the Web Site and any material
outside of the Web Site which may be accessed through hypertext or other
computer "links" put on the Web Site. The User acknowledges that it shall view
the Third Party Material and/or access these links at the User�s own risk.
6. Data Protection
The confidentiality of the User information is of paramount importance to the
Company. The Company urges the User not to send confidential details or
financial information via e-mail unless specifically requested to do so by the
Company.
7 General
7.1 These Terms and Conditions constitute the entire agreement between the
parties in relation to the use of the Web Site and supersedes any previous
agreement or understanding between the parties.
7.2 These Terms and Conditions may not be varied except in writing and as agreed
between the parties.
7.3 All other terms and conditions, express or implied by statute or otherwise,
are excluded to the fullest extent permitted by law.
7.4 Any notice required or permitted to be given by the User to the Company
under these Terms and Conditions shall be in writing addressed to the Company at
its registered office or principal place of business. [Any notice required or
permitted to be given by the Company to the User under these Terms and
Conditions shall be in writing addressed to the User at its address supplied on
its registration form.]
7.5 No failure or delay by either party in exercising any of its rights under
the Terms and Conditions shall be deemed to be a waiver of that right, and no
waiver by either party of any breach of the Terms and Conditions by the other
shall be considered as a waiver of any subsequent breach of the same or any
other provision.
7.6 If any provision of these Terms and Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity of
the other provisions of these Terms and Conditions and the remainder of the
provision in question shall not be affected.
7.7 These Terms and Conditions shall be construed and governed in accordance
with English law and the parties irrevocably submit to the exclusive
jurisdiction of the English courts. The contents of the Web Site is designed to
comply with English law. You may be viewing the Web Site in a market in which we
do not commonly sell our goods or services. We cannot be held responsible for
non-compliance with any local advertising laws in relation to the Content or the
Web Site. |
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