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Terms of Use


Here are the terms and conditions you agree to when downloading our Digital Products.


1. The Service

 

The Service offers downloads of digitized versions of audio recordings, artwork and information relating to such audio recordings, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.

 

2. Digital Content

 

2.1  Rights Granted. 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.

2.2  Restrictions. 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 this Section 2.2. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, 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.

2.3  Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

2.4  All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. 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. If you are unable to complete a download after having reviewed our online help resources, please contact King Edward Music. 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.

 

3. 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 Software or Digital Content as a result of downloading Digital Content.

 

4. General

 

4.1  Damages Cap.  In no event shall our total liability to you for any/all damages arising from the download of 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, on the Service, the Digital Content related to your claim for damages.  These limitations will apply to you even if the remedies fail of their essential purpose.

4.2  Termination; Amendments. Your rights under the Terms of Use will automatically terminate without notice from us if you fail to comply with any of their terms. In case of such termination, you must cease all use of the 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.

4.3  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.

4.4  Contact Information. For communications concerning the Terms of Use, please write to King Edward Music, P.O. Box 4441, Valley Village, CA 91617, USA.



 

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