Terms & Conditions

USER TERMS AND CONDITIONS

Welcome to the davidfarnon.com website terms and conditions for use. These terms and conditions apply to the use of this website at www.davidfarnon.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website. These are the terms on which you will be allowed to access registration, permanent download and any other services operated from time to time on this web site.

THE DOWNLOAD SERVICE

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.

WHO WE ARE

The www.davidfarnon.com website is operated by: DAVID FARNON MUSIC whose trading address is at PO Box 36, Guernsey GY1 3AY . All references to davidfarnon.com in these terms & conditions refer to DAVID FARNON MUSIC .

THE SERVICE WE OFFER

When you access this site, we will make available for you to purchase digital downloads of certain sound recordings (the "Tracks") and related digital content and materials (the "Materials") that we have available and also promotional portions of certain Tracks, in some cases an entire Track made available free of charge (the "Clips") and you may play as many Clips as you like.

Using your secure password and username, you may purchase Tracks and Materials. Payment will be per purchased Track or Materials and will be taken from your credit or debit card or through a Paypal or credit card facility. See registration and payment process.

INTELLECTUAL PROPERTY RIGHTS

All Tracks, Materials or Clips, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the davidfarnon.com website (collectively "Content"), including but not limited to the layout, election, organization, and co-ordination of such Content on the website is the property of or is licensed to or s provided for promotional purposes to davidfarnon.com, and is protected by trademark, copyright, and other intellectual property rights laws.

Without the prior written consent of DAVID FARNON MUSIC or the relevant production music company, and except as provided in these terms of use, no Content may be copied, reproduced, transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.

Any security technology that is provided as part of the Download Service is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in Tracks or Material or any works embodied in them By using this Service, you only obtain the right to download and stream the Clips, Tracks and Materials on your PC or other device. Piracy is illegal. You may not make or distribute copies to any other person or entity.

MAKING A CONTRACT WITH YOU

You must register your details with us in order to receive the download Service. We may accept or reject your registration at our sole discretion.

If we accept your registration, we will issue you with a password and username which you must keep secure. You may then access the website using your password and username and view Clips and purchase Tracks and/or Materials from time to time. You are under no obligation to purchase Tracks and/or Materials from us.

When you logged on to the website and you have chosen your Tracks and/or Materials to purchase and added these to your cart, you will be asked to click on the PURCHASE button. At that point a contract between us will be formed.

REGISTRATION

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 the Service and also to monitor which Tracks and/or Materials you are permitted to Download. Under certain licences to DAVID FARNON MUSIC, 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.

PAYMENT

Payment will be taken from the credit or debit card that you have provided details for when you register. Until the payment is processed and accepted, no access will be given to the Tracks and/or the Materials. Your payment details will be stored by us and remembered when you use the Service again. Therefore if you wish to use a different credit or debit card, you must tell us before clicking the PURCHASE box.

REFUND POLICY

Due to the nature of the service, refunds are only available in exceptional circumstances at management discretion.

PRIVACY

By using this website, you consent to us using your information in accordance with our Privacy Statement.

TECHNICAL ISSUES

You are responsible for making sure your PC or other portable device can receive and play the Downloads.

YOUR CONDUCT

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.

LINKS TO THIRD PARTY SITES

This website may contain links to third party websites. These links are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

RESTRICTIONS

1. You may not give out your password. You will be responsible for any misuse of your password, whether by you or any third party. Do not allow others to use your account. 2. You are authorized to use the Content for personal use only. 3. You are not permitted to make copies of the Clips (i.e. the 2 minute samples), whether by saving to disk, burning to CD ROM, transferring to a portable player or otherwise. 4. You are not permitted to make copies of the Clips, Tracks or Materials or other Content with the intention to give, sell, loan, broadcast, send or transmit to friends and family or anyone else. To carry out any of these forbidden acts would be a breach of copyright. 5. You may not upload Content to the internet. Peer-2-peer file sharing is strictly prohibited. Any other manner of network file sharing and transfer of Content to devices for such purpose is prohibited. If DAVID FARNON MUSIC find Clips, Tracks or Material you have offered or sold on

peer-2-peer networks, we reserve the right to pass your details on to the record label that holds the copyright. 6. Unless permitted by law, you may not resell the Tracks and/or Material to any third party. 7. You may not use automated systems for the selection of Tracks or Materials. 8. You may not cancel the contract for no reason. Normally, under the Distance Selling Regulations, you would have the right to cancel the contract within seven days but, as we are providing you with access to the Service as soon as you register, you do not have this right of

cancellation. This does not, of course, affect any other rights that you may have (including the right of termination detailed below).

TERMINATION

DAVID FARNON MUSIC may at any time lose the right to make certain Clips, Tracks and/or Materials available. In such an event, you will no longer be able to access these Clips/Tracks/Materials from DAVID FARNON MUSIC search/browse function or obtain them from the website's catalogue.

You can terminate the contract any time you like. You can do this by sending an email to hello@davidfarnon.com requesting that your user account be terminated. If you unsubscribe, you will no longer be entitled to use the Service, however we may retain your personal information in accordance with the Privacy Statement.

EXCLUSIONS

While we endevour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.

DAVID FARNON MUSIC shall have no liability for lost, damaged, or destroyed Downloads.

While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the Content on this website. We may make changes to the Content on this website, or to the products and prices described in it, at any time without notice.

The Content on this website is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

LIMITATION

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.

GENERAL

If we suggest ways in which you use of the Service may be improved perhaps by using suggested software or download tools, we are only advising you that these are the tools that should play the tracks properly. We are not offering any promise or guarantee about the performance of these tools. Any complaints about these tools should be made to the relevant owners of the tools.

We may revise any of the terms of this service at any time (including the price) at any time, either by e-mail or by posting details on the web site. If you do not agree to the proposed changes you may cease using the Service or unsubscribe, but you will still be liable to pay for any Tracks and/or Materials that are downloaded.

Unless stated above, no part of this contract is enforceable by anyone who is not a party to it, pursuant to the Contracts (Rights of Third Parties) Act 1999. The agreement between us is governed by and subject to English Law.