ARKADE TERMS AND CONDITIONS FOR CONSUMERS
www.arkade.com, is a website ("the Site") operated by Arkade Ltd. ("us", "our" or "we").
The following constitutes a legal agreement between the Consumer ("you") and us with respect to our Website Service, the terms of which are set out below. By using the Site you are agreeing to these Terms and Conditions.
You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 15 may not register for this Site, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Site.
Material: All content which incorporates intellectual property which includes but is not limited to recordings in MP3 or other file format, artist’s photographs, biographies, and/or artwork.
The Microsite: The part of the www.arkade.com website designated for the Subscriber’s Material.
Download: The electronic transfer of Material that may be saved to the hard drive of your computer.
Our Providers: Our agents, employees, consultants, subsidiaries, affiliates, Subscribers, licensors, licensees and/or suppliers
Subscribers: A person or entity who, having paid a subscription fee, operates a Microsite within the Site.
TERMS AND CONDITIONS FOR DOWNLOAD
1. Our download service permits you to purchase downloads of digital content made available by us or Our Providers which may be recordings alone, audio visual material and/or data files. These downloads are permitted strictly pursuant to the terms and conditions set out below.
2. Your purchase order cannot be accepted until payment in full for the download(s) ordered has been received at which time a legally binding agreement on the terms set out herein will become effective.
2.1 Arkade supports the following currencies: GBP (£), USD ($), Euros (€) and Yen (¥).
2.2 At registration the default currency will be determined by the country of the User’s IP address.
2.3 Users can select their preferred currency in any one of the Arkade supported currencies.
2.4 All prices will be displayed in the User’s preferred currency.
2.5 At checkout Users will be given the option to pay in their preferred currency or chose to pay in one of the other Arkade supported currencies.
3. NO REFUND POLICY.
Due to the nature of this Site and the electronic systems used in the administration of it, you accept that once full payment has been received by us, you will not be able to cancel the purchase and you will have a period of 28 days within which you may initiate collection of the download(s).
Further, once the download routine has been initiated you will be permitted a maximum of 5 (five) download attempts to successfully collect your download(s). If you fail to collect your download(s) within this period or fail to retrieve the download(s) successfully within the permissible number of attempts, you accept that we have the absolute right to withdraw from this agreement without any liability of any kind whatsoever to you.
For the avoidance of doubt, you agree and accept that the collection of downloads once purchased is your sole responsibility and you agree and accept this No Refund Policy.
Since different Material on the site may all have the same title it is your responsibility to satisfy yourself that the specific Material in your purchase basket is the Material you wish to purchase and download.
The price to be paid by you is as set out on the checkout page of the Site and will include (where applicable) VAT and or any other Sales Tax and the credit card processing charges.
You cannot cancel your order for the supply of digital content if the delivery has started upon your request and you acknowledge that you thereby lose your cancellation right.
The Track Download Specs are shown on the Artist’s Track Details page. These are the same as those uploaded by the artist.
4. Dispute Resolution:
Please note that if you have a dispute with us which cannot be resolved amicably, the European Commission provides a platform (the “ODR platform”) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services.
The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr.
Our email address for disputes is firstname.lastname@example.org
5. it is your responsibility to provide accurate personal information ("Registration Data") and to update your Registration Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of downloading Material are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of downloads ordered. We will not store your credit card or debit card details anywhere in the Site;
7. it is your responsibility to maintain the confidentiality and security of your Registration Data especially your user name and password. You will not allow others to use your user name or password and you will notify us immediately of any unauthorised use of your user name and/or password. We shall not be responsible for any losses arising out of the unauthorised use of your user name and/or password and you agree to indemnify and hold harmless us, and/or Our Providers as applicable, for any improper, unauthorised or illegal uses of the same.
It is your responsibility to ensure that you back up any Material you download from the site, off line. We will not accept any responsibility for the loss of any or all of your Material for whatever reason.
It is your responsibility to ensure that any Material you purchase is downloaded within the time periods as set out in Clause 3;
8. we shall be entitled to withdraw from any purchase order made by you if the Material is inaccurately described on the Site or where obvious errors have been made;
9. whilst we will utilise anti-virus protections, it is your obligation to ensure that any Download that you select is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us or Our Providers responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).
Material is uploaded to the Site by us or Our Providers and all accounts are approved electronically. Subscribers have total control over their Material and we do not accept any responsibility or liability for the quality and/or content of Material uploaded to our site. Subscribers are bound by Terms and Conditions which expressly prohibit the uploading of objectionable Material. By using the download service you accept that you may come across Material which may be deemed objectionable and/or of poor quality. Your use of the Download Service is at your sole risk and we shall not be liable to you in respect of any Material.
You may only use the Material downloaded for your personal use and no commercial use may be made of it unless written permission has been explicitly granted by the rights owner of that Material. Any copying or burning by you of the Material downloaded without explicit written permission provided by the rights owner for any commercial or non personal use whatsoever will be a breach of copyright and such copying or burning shall not constitute a grant or a waiver by us of any rights held by the copyright owners in relation to such Material or any part of it.
You agree not to attempt or permit or encourage others to attempt to copy or make use of the Material downloaded for any commercial use or in any manner which would constitute an infringement of the rights of the copyright owners.
11. SYSTEM REQUIREMENTS
A Broadband connection
Supported Web Browsers
• Microsoft Internet Explorer 6+
• Mozilla Firefox 2+
Arkade may work in other web browsers but we recommend use of the above browsers for optimal performance.
Arkade makes use of both HTTP and secure HTTPS protocols in order to keep your personal data as safe as possible.
The computer, internet access and system operated by you and your ability to use the same may affect your ability to access any Material downloaded from this Site. You acknowledge and agree that any system requirements necessary to preview, download and /or play and/or view the Material from our Site are your responsibility.
12. MISUSE OF THE SITE
We reserve the right to suspend or terminate your access to the Site or parts of it if in our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site, without our prior consent.
You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails;
You agree to indemnify and hold harmless us and Our Providers from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these terms and conditions for your use of the Site and you agree to reimburse us and/or them on demand for any losses, costs or expenses we or they incur as a result thereof.
14.1 You may not assign this Agreement.
14.2 We may assign our rights under this Agreement in whole or in part.
15.1 We may require you to change your password or any other information which permits you access to the Site for the purposes of downloading Material.
15.2 We have the right to withdraw Material or any part of it from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
15.3 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss, loss of data and/or any loss of income or profits.
15.4 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.
15.5 The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to email@example.com
15.6 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Material.
15.7 We shall not be responsible for any offensive e-mails you may receive as a result of the contact facilities being abused.
15.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
15.9 We reserve the right to deactivate your account if it has not been active for a period of 3 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
15.10 On the Site you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that their owners may be independent from us and we do not endorse or accept any responsibility for their content.
15.11 We welcome 'hot links’ to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. If you would like to licence our content or that of Our Providers, please contact us at licensing @arkade.com or Our Providers using the contact facilities provided on the site. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this agreement or other remedies as set out in this agreement.
15.12 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics, images and digital downloads is owned by us or Our Providers and is protected by International Copyright laws and your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
16.2 You will infringe our rights and/or the rights of Our Providers if you copy or reproduce any part of the Site save for:
16.2.1 a temporary copy of any part of the Site is automatically made or retained by your browser as you browse the Site; or
16.2.2 you print out any pages from the Site as a record of any goods or services you have purchased from it; or
16.2.3 you print out a copy of the Terms and Conditions which we would request you to do; or
16.2.4 your own personal use.
Other than for the above four exceptions you must not copy the intellectual property in question for any purpose unless you have been given explicit permission in writing by the rights owners.
16.3 For the purposes of this Clause 16 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us or Our Providers, as applicable, and, to the maximum extent allowed by applicable law, we and Our Providers expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. Our Providers do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us or Our Providers responsible for any damages that result from you accessing (including any software or systems you use to access) the service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us or any of Our Providers.
We make no warranty that any particular CD burner or portable device or software, will be compatible with this Site or any Material downloaded from this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
Under no circumstances shall we or Our Providers be liable for any unauthorised use of the Site or the Materials.
Under no circumstances shall we or any of Our Providers be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the Site, even if we or Our Providers have been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we and Our Providers shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
18. THIRD PARTY RIGHTS
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.
19. LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
20. Physical Sales Terms and Conditions
20.1 Physical sales transactions are between the Subscriber and the Consumer.
20.2 The Arkade acts purely as a facilitator in the transaction.
20.3 The Subscriber is solely responsible for delivery of orders to the consumer.
20.4 Consumers must notify the Arkade and the Subscriber within 7 days at firstname.lastname@example.org if they have not received the goods that they have ordered & paid for via the Arkade within 14 days of making the order.
20.5 Consumers will receive a full refund if goods are not received by Consumer within 31 days of receipt of notice of non delivery by the Arkade.
20.6 Customers must notify the Arkade and return goods to the Subscriber within 31 days of receipt if the goods received are defective or faulty. Consumers will be re-sent said goods unless the goods are ‘out of stock’ in which case a full refund will be made.
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the change.
Arkade Limited is incorporated in UK. Registered Number 5233165
Registered office:5 Stratford Place, London W1C 1AX