Terms and Conditions for Site Use and Making Purchases via the Site
Please read these terms and conditions carefully as they govern your general use of the Site and set out the contractual basis on which we accept orders that you make via the Site. These terms and conditions shall apply regardless of whether or not you register with the Site. If you do not accept these terms, do not use this Site.
1. CONTRACTING PARTIES.
When you purchase products through the Site you will be contracting with Totaldrumtracks.com, a company with its office at 2 Olivers Cottages, Maldon Road, Witham, Essex CM81HT. Totaldrumtracks.com is referred to in these terms and conditions as “we”, “us” or “our”.
The service we offer on this Site is only available to persons aged 18 or over. If you are under 18, you must get your parent or guardian to contract with us on your behalf. All minors should discuss these terms and conditions with their parent or guardian before attempting to order any products.
3. PROVISION OF INFORMATION.
4. PURCHASE OF DOWNLOADS
A “Download” is a purchased digital sound and/or video recording and/or a “pdf” document containing text and musical transcription, that is capable of being transferred to a compatible portable device, saved to a hard drive, and/or burned to a CD/DVD. When you register with the Site, we will make available for you for purchase Downloads and promotional portions of certain material. Using your secure password and username, you may purchase Downloads which are then supplied to you on a limited licence basis. All recordings, transcriptions and packages remain the property of Totaldrumtracks.com and, when purchased, are licensed to you only for personal and private non-commercial use and not for re-distribution, transfer, assignment or sublicense. All lending, hiring, re-selling or use by third parties is strictly forbidden and such licence will be deemed revoked in the event of any breach. All rights not expressly granted here are reserved.
Please note that you are responsible for ensuring that your PC, computer or other portable device can receive and play the purchased Downloads. Totaldrumtracks.com, after delivery, shall have no liability for lost, damaged, or destroyed Downloads.
All prices are created in pounds sterling and are valid until altered by us. Prices are inclusive of VAT. In the unlikely event that you have ordered products and the published price was incorrect, we may contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price.
You may pay for your order using any of our approved debit or credit cards or one of our approved e-money providers. Payment will be processed immediately and delivery of the ordered products shall constitute acceptance by Totaldrumtracks.com of your order. Your payment details will be stored by us and remembered when you use the Site again and, therefore if you wish to use a different credit or debit card, you must tell us before completing your order.
Please note that, as our products are electronically downloadable products, you will not have a right to cancel once the download process has commenced.
8. AVAILABILITY OF PRODUCTS.
We reserve the right to add, withdraw or change the available products without notice.
The contents of the Site and the products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements. Nothing in these terms and conditions shall operate to limit or exclude our liability for death or personal injury caused by our negligence.
Except as set out in these terms and conditions we do not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. We will only be liable for losses that we have not expressly excluded in these terms and conditions up to the value of your order.
10. AVAILABILITY OF THE SITE.
We have taken every care in the preparation of this site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the site at all times.
11. INFORMATION ON THE SITE.
The information on the Site has been included for general informational purposes only and we cannot guarantee that any specific information is accurate.
12. OWNERSHIP OF MATERIALS ON THE SITE.
Totaldrumtracks.com, unless otherwise stated, is the owner of all copyright, database and all other intellectual property rights in the products, the Site and its contents. You may not copy, publish, distribute, extract, re-utilise, or otherwise reproduce any products, any part of the Site or any of its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by UK or local law. You may not use the materials purchased on the site for your own personal financial gain without the required license, obtainable from Totaldrumtracks.com.
13. TRADE MARKS.
The brand, product and service names used in this Site are the trade marks or trade names of Totaldrumtracks.com unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks or trade names without the prior written permission of Totaldrumtracks.com or the owner of such marks or names.
14. EXTERNAL LINKS.
We may provide links to other websites from time to time. These links are provided for your convenience. We: (i) do not endorse or take responsibility for the content of such websites, (ii) are not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites you do so at your own risk.
15. AMENDMENT OF THE TERMS.
We reserve the right to amend these terms from time to time and any such amendment will be applicable to all persons accessing the Site and all orders placed on the Site once the revised terms have been posted on the Site. If any of these terms are found to be invalid or legally unenforceable, the other terms will remain unaffected.
16. APPLICABLE LAW.
These Terms are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English Courts.
If you have any comments or questions about these terms or the Site please contact us at firstname.lastname@example.org or at: Totaldrumtracks.com, 2 Olivers Cottages, Maldon Road, Witham, Essex CM81HT.