Terms and conditions Welcome to the http://shop.extra-estrada.com (extra-estrada.smatsch.net) web-site (hereafter - "the Website") owned and operated by E.E.C. Extra Entertainment Corporation Limited, whose registered office is E.E.C. Extra Entertainement Corporation Ltd., Kennedy, 12, Kennedy Business Centre, 2nd floor, P.C. 1087, Nicosia, Cyprus. Our company registration number is 264781. Our E.U. VAT registration number is CY 10264781V.
1. General Terms and Conditions
1.3. If you wish to register with the Website, you must enter the Log In page on the Website and register using our online registration process. In doing so you must agree to (i)provide true, accurate, current and complete information about yourself as prompted by the Websites registration process and (ii)maintain and promptly update the information to keep it true, accurate, current and complete.
1.4. You must register with us and provide your name, email address, address and payment details. We will use this information to process your payments for providing the services you have requested and also to monitor which content you are permitted to download. Under certain licences we are not permitted to allow downloads in certain countries. It is important therefore that you give us your correct billing address. If you give us an incorrect address, and as a result of permitting the download, we are in breach of our licence, we reserve the right to cancel your registration immediately without liability to you and you will be liable to us for any subsequent losses.
1.5. You will also receive an account upon completing the Websites registration process. Irrespective of whether you choose to use the remember me function that we offer in relation to your password/user ID, you are responsible for maintaining the confidentiality of your email address, user ID, password or account. In this connection you agree to: (i)immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii)ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
1.6. We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
1.7. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
1.8. You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
1.9. You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
1.10. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
1.11. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
1.12. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying Extra-Estrada Records, E.E.C. Extra Entertainment Corporation Ltd., their licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Extra-Estrada Records or E.E.C. Extra Entertainment Corporation Ltd. as part of or in conjunction with the hyperlink.
1.13. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
1.14. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
1.15. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners whos copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.
1.16. You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions. The Website is Copyright, "© 2010 E.E.C. Extra Entertainment Corporation Ltd. All rights reserved".
1.17. We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
1.19. You are prohibited from posting or transmitting to or from this website any material: - that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; - for which you have not obtained any necessary licences and/or approvals; - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); - you may not misuse the website (including, without limitation, by hacking). Note that we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this section.
1.20. You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. All digital recordings provided via the Website are provided as is and as available for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantibility, fitness for a particular purpose, title and non infringement.
1.21. We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.
1.22. We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party's hypertext link.
1.23. In so far as is possible in law, we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect or consequential loss or damages, or any loss of income or profits (whether direct or indirect), data, contracts, use of money, and whether in tort (including without limitation negligence, contract or otherwise) in connection with this website or the Service, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
1.24. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under E.U. Regulations and laws of the Republic of Cyprus where or insofar as such rights cannot be derogated from by contract.
1.25. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, including based on the decision of the respective court of law, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
1.27. These Conditions shall be exclusively governed by and construed in accordance with the E.U. regulations and the laws of Cyprus whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
2. Music Downloaded From The Website ("Downloads")
2.1. By using this website, you are permitted to download music. A "Download" is a purchased Track or Materials that is capable of being (1) transferred to a compatible portable device, (2) saved to your hard drive with unlimited playback time, (3) burned to a CD/DVD. The Download service we offer on this website (the "Service") is only available to persons who are 18 or over. If you are under 18, you must get your parent or guardian to contract with us on your behalf.
2.2. Your use of the Downloads from the Website is conditional upon your prior acceptance of all Conditions referred to herein.
2.3. All sales are final. A sale is confirmed immediately when you begin to download a song from the Website and you will have no right to cancel your contract once the sale commences. No refund is permitted.
2.4. You are responsible for making sure your PC or other portable device can receive and play the Downloads.
2.5. We accept all major credit and debit cards as methods of payment for purchasing songs from the Website. In this respect, please note: - credit and debit cards have daily spending limits that may prevent the processing of your order. - if a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will not be able to use that card for your purchase and should use another payment card. - the price for a particular download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering. - we reserve the right to change options relating to music downloadable from the Website without prior notice. - You shall be authorised, to the extent permitted by law, to use, burn and export downloads purchased only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a Download to you does not transfer to you any commercial or promotional use rights in the product.
2.6. After receipt of a payment you will be allowed to download tracks that you have purchased twice, within a period of 48 hours from the moment of purchase.
2.7. These Conditions shall be exclusively governed by and construed in accordance with the E.U. regulations and the laws of Cyprus whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
3.1. Site administration reserves a right to change the Conditions at any moment. If you wish to be aware of the new conditions of use of the site please consult this information on a regular basis.
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