Indie Music Mix
Website Terms and Conditions
THIS
IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND CHITTY B
PRODUCTIONS. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CLICKING ON
THE PURCHASE BUTTON. YOUR PURCHASE AND USE OF SOFTWARE, PRODUCTS, AND
SERVICES THROUGH INDIEMUSICMIX.NET AND RELATED SERVICES
(COLLECTIVELY, THE "SERVICE") IS GOVERNED BY THESE TERMS OF
SERVICE ("TERMS"), WHICH HEREBY INCORPORATE BY REFERENCE
INDIE MUSIC MIX PRIVACY POLICY (TOGETHER WITH ANY UPDATES OR
ADDITIONAL TERMS, THE TERMS AND PRIVACY POLICY ARE COLLECTIVELY
REFERRED TO HEREIN AS THE "AGREEMENT"). IF YOU DOWNLOAD
SOFTWARE/MUSIC FROM ONE OF THE INDIE MUSIC MIX WEBSITE OR IN
CONNECTION WITH THE SERVICE, YOUR USE OF THE SOFTWARE/MUSIC IS ALSO
GOVERNED BY THE APPLICABLE END USER LICENSE AGREEMENT PRESENTED TO
YOU ON DOWNLOAD OR INSTALLATION OF THE SOFTWARE/MUSIC.
USE OF OUR SERVICE
Eligibility.
You may use the Service only if you can form a binding contract with
Company, and only in compliance with this Agreement and all
applicable local, state, national, and international laws, rules and
regulations. If you are 13 or older but under the age of 18, you
should review this Agreement with your parent or guardian to make
sure that you and your parent or guardian understand this Agreement
before purchasing products through the Service. Any use or access to
the Service by anyone under 13 is strictly prohibited and in
violation of this Agreement. You may not use the Service if you have
previously been removed or banned from the Service by Indie Music
Mix.
Restrictions.
You agree not to engage in any of the following prohibited
activities: (i) copying, distributing, or disclosing any part of the
Service in any medium, including without limitation by any automated
or non-automated "scraping"; (ii) using any automated
system, including without limitation "robots," "spiders,"
"offline readers," etc., to access the Service in a manner
that sends more request messages to the Company servers than a human
can reasonably produce in the same period of time by using a
conventional on-line web browser (except that Indie Music Mix grants
the operators of public search engines revocable permission to use
spiders to copy materials from Indie Music Mix for the sole purpose
of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of
such materials); (iii) transmitting spam, chain letters, or other
unsolicited email; (iv) attempting to interfere with, compromise the
system integrity or security or decipher any transmissions to or from
the servers running the Service; (v) taking any action that imposes,
or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (vi) uploading
invalid data, viruses, worms, or other software agents through the
Service; (vii) collecting or harvesting any personally identifiable
information, including account names, from the Service; (viii) using
the Service for any commercial solicitation purposes; (ix)
impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or
attempting to hide your identity; (x) interfering with the proper
working of the Service; (xi) accessing any content on the Service
through any technology or means other than those provided or
authorized by the Service; or (xii) bypassing the measures we may use
to prevent or restrict access to the Service, including without
limitation features that prevent or restrict use or copying of any
content or enforce limitations on use of the Service or the content
therein. Accessing the audiovisual content available on the Service
for any purpose or in any manner other than Streaming (as defined
below) is expressly prohibited. "Streaming" means a
contemporaneous digital transmission of an audiovisual work via the
Internet from the Service to a user's device in such a manner that
the data is intended for real-time viewing and not intended to be
copied, stored, permanently downloaded, or redistributed by the user.
We
may, without prior notice, change the Service; stop providing the
Service or features of the Service, to you or to users generally; or
create usage limits for the Service. We may permanently or
temporarily terminate or suspend your access to the Service without
notice and liability for any reason, including if in our sole
determination you violate any provision of this Agreement, or for no
reason. Upon termination for any reason or no reason, you continue to
be bound by this Agreement.
Your
Information. The Service is only for sales of products or product
rights (collectively, "Products") to end user customers for
their personal, non-commercial use. The personal information you
submit to the Service is subject to Indie Music Mix's Privacy Policy,
which is expressly made part of these Terms. If you have not already
read Indie Music Mix's Privacy Policy, you should do so now. You
agree to provide accurate, current, and complete information required
to register with the Service and at other points as may be required
in the course of using the Service ("Registration Data").
You shall not impersonate any person or entity or misrepresent your
identity or affiliation with any person or entity. You further agree
to maintain and update your Registration Data as required to keep it
accurate, current, and complete. Indie Music Mix may terminate your
access to any or all of the Service if any information you provide is
false, inaccurate or incomplete. You agree that Indie Music Mix may,
whether itself or through third party providers, store and use the
Registration Data you provide (such as credit card information) in
connection with the Services.
Once
you make a purchase, you should receive a unique download page. You
shall not, directly or indirectly, disclose the unique URL for your
download page to anyone else or use anyone else's download page. You
are solely and entirely responsible for all activities that occur on
your download page. Indie Music Mix shall not be responsible for any
losses arising out of the unauthorized use of your download page.
Objectionable
Material. You understand that by using the Service and Products, you
may encounter content that may be deemed mature, offensive, indecent,
or objectionable, which content may or may not be identified as
having explicit language or adult themes, and which may be due to the
content of the Product or your interactions with other users in the
course of using the Products. You agree to use the Service at your
sole risk and that Indie Music Mix shall have no liability to you for
content that may be found to be mature, offensive, indecent, or
objectionable.
Product
Requirements. Use of the Service and/or Products requires a
compatible computer, Internet access (fees may apply), and certain
software (fees may apply), and may require obtaining patches, updates
or upgrades from time to time. Because use of the Service and/or
Products involves hardware, software, and Internet access (high speed
Internet access is strongly recommended), your ability to use the
Service and/or Products may be affected by these factors. You are
responsible for being aware of any particular system requirements of
any Product and for your ability to meet such requirements, which may
change from time to time. Applicable system requirements at the time
of purchase can be found on the information page for each Product.
Certain Products also may require you to register an account with a
third party (which may require an initial and/or ongoing fee) or to
install third party software and content in connection with their
use. Indie Music Mix does not assume any responsibility or liability
for any such fee, account or third party software or content.
Physical copies Products are not available. If you are having
difficulty downloading the Product or encounter any other issues with
the purchase, download or activation of a Product, you should contact
us at
info@chittyb.com
PAYMENT AND DELIVERY
Your
total price will include the price of the Product plus any applicable
sales or use taxes in effect on the time of purchase, and based on
country data you provide on your download page. Indie Music Mix
reserves the right to change prices and availability of Products at
any time. If you are not located in either the US or the EU your
purchase price will be the full amount of the price posted and
failure on Indie Music Mix's part to invoice you for any applicable
sales and use taxes, value added taxes and other taxes does not
relieve you of the liability to pay such taxes, and you must pay to
the applicable taxing authority any such taxes which may be due as a
result of your purchase through the Service.
Orders.
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. Indie Music Mix reserves the right
at any time after receipt of your order to accept or decline your
order for any reason. We may require additional verification or
information before accepting any order.
Payment
for Products. The Service uses PayPal, and other payment providers as
may be indicated on the purchase page. You agree to pay for all
Products you purchase through the Service, and that Indie Music Mix
may charge your chosen payment method (such as PayPal or Google
Wallet) 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. All fees will be billed to the
payment method you designate during the checkout process. Billing to
your selected payment method occurs at the time of purchase. If you
use the services of an alternate payment method provider such as
PayPal, you will be bound by that party's terms and conditions, which
are available on that party's website. You also may be required to
create an account with such payment method provider and to provide
that payment method provider with your credit card or other details.
Indie Music Mix reserves the right to change the payment methods
offered at any time. All information that you provide in connection
with a purchase or transaction or other monetary transaction
interaction with the Service must be accurate, complete, and current.
You agree to pay all charges incurred by users of your credit card,
debit card, or other payment method used in connection with a
purchase or transaction or other monetary transaction interaction
with the Service at the prices in effect when such charges are
incurred. You will pay any applicable taxes, if any, relating to any
such purchases, transactions or other monetary transaction
interactions.
Electronic
Signatures and Contracts. Your use of the Service includes the
ability to enter into agreements and/or to make purchases
electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS
CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS
AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND
BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL
TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF
CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to
access and retain your electronic records, you may be required to
have certain hardware and software, which are your sole
responsibility. These Terms do not confer any rights or remedies upon
any person other than you or Indie Music Mix. You may also have
additional rights under applicable law.
Delivery
of Products. On occasion, technical problems may delay, interrupt or
prevent the download or activation of your Product. Your exclusive
and sole remedy with respect to any Product that is not downloadable
or able to be activated within a reasonable period will be either
replacement of such Product, store credit or refund of the purchase
price paid for such Product, as determined by Indie Music Mix in its
sole discretion. Indie Music mix shall have no liability for issues
encountered with downloading, activating or using Products due to
factors beyond its control, including your computer's performance and
the speed of your internet connection.
No
Ongoing Obligations. Notwithstanding any other provision of these
Terms, Indie Music mix and its licensors reserve the right, without
liability to you, to change, suspend, remove, or disable access to
any Products, content, or other materials comprising a part of or
sold through the Service at any time without notice. You acknowledge
that some aspects of the Service, Products, and administering of our
usage rules entails the ongoing involvement of Indie Music Mix.
Accordingly, in the event that Indie Music Mix changes any part of
the Service or discontinues the Service, which Indie Music Mix may do
at its election, you acknowledge that you may no longer be able to
use Products to the same extent as prior to such change or
discontinuation, and that Indie Music Mix shall have no liability to
you in such case. You understand that nothing in these Terms entitles
you to any future updates, versions or enhancements to any Product
(although Indie Music Mix may offer such updates, versions or
enhancements at its sole discretion). The Service is not part of any
other product or offering, and no purchase or obtaining of any other
product shall be construed to represent or guarantee you access to
the Service.
CUSTOMER SERVICE
Assistance
with Orders. For assistance with billing questions or other order
inquiries, please email us a info@chittyb.com. If you cannot find the
answers you are seeking in our knowledge base, you can send us an
email from that page.
Refund
Policy. Certain restrictions apply to sales of Products sold through
the Service that might not otherwise apply to physical goods. Refunds
will not necessarily be issued due to your dissatisfaction with the
Product or if your computer does not meet the minimum Product
requirements. If you feel you qualify for a refund please contact
customer service by e-mailing info@chittyb.com. Refunds will be
issued solely at Indie Music Mix's discretion. Two months after a
purchase, it is no longer possible for us to issue refunds on payment
processors like PayPal. So please contact as soon as possible.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
Disclaimer
of Warranties. INDIE MUSIC MIX DOES NOT GUARANTEE, REPRESENT, OR
WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED
THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED,
SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO
TIME INDIE MUSIC MIX MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF
TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU
EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES
DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED
BY INDIE MUSIC MIX) PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING,
USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED
WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY
RIGHTS AS A CONSUMER.
Liability
Limitations. IN NO CASE SHALL INDIE MUSIC MIX, AND ITS AFFILIATES AND
ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR
LICENSORS (THE "INDIE MUSIC MIX PARTIES") BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF ANY OF THE SERVICE AND ALL PRODUCTS AND
SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR
PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE, AND
WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT
LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
THE INDIE MUSIC MIX PARTIES UNDER THESE TERMS EXCEED THE AMOUNT
ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
JURISDICTIONS THE LIABILITY OF THE INDIE MUSIC MIX PARTIES SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity.
By using the Service, you agree to indemnify and hold the Indie Music
Mix Parties harmless with respect to any claims, liability, damages,
expenses and costs (including but not limited to reasonable
attorneys' fees) arising out of the actual or alleged breach of these
Terms by you or through your download page or your use or access of
the Service. You shall use your best efforts to cooperate with us in
the defense of any claim. We reserve the right, at our own expense,
to employ separate counsel and assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
