TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT OF

DARK FOREST RECORDS LIMITED

1. INTRODUCTION

www.unsignedsongs.com also known as Dark Forest Music Downloads (“the Website”) is a facility operated by Dark Forest Records Ltd (“us”, “our” or “we”) that provides unsigned bands and singers with an opportunity to showcase their songs and equally allows interested parties to purchase those songs that would otherwise be somewhat limited in supply or indeed totally unavailable for purchase. By accessing, viewing, using and downloading from the Website you agree to be bound by and subject to the following Terms and Conditions.

2. ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.

3. CHANGES TO WEBSITE

We may:
a. change, remove or add to the Website or any part of it without notice and we shall not be liable to you for any loss, damage or cost as a result such change or removal
b. change these Terms and Conditions at any time by posting changes online. You acknowledge that it is your responsibility to check the Website regularly to ascertain if changes have been made and your continued use of the Website following any changes shall be deemed to be your acceptance of any such changes.

4. COPYRIGHT

a. All copyright, trademarks, and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, and all other software connected with the Website) are owned by Dark Forest Records Limited or otherwise used by Dark Forest Records Limited as permitted by law.
b. In accessing the Website you agree that you will access the content solely for your own personal use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and or printing of the contents of the Website for personal, non-commercial home use only and payment has been made by you where appropriate to Dark Forest Records Ltd.

5. LINKS TO THIRD PARTY WEBSITES

The Website may include links to or information about other websites that are controlled by others. If you access any such sites you do so at your own risk and Dark Forest Records Ltd are not responsible for the content, availability, security or safety of any such sites.
Links from other websites to the Website are prohibited unless subject to the expressed written permission of Dark Forest Records Ltd.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

a. The Website is provided for information purposes only and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for purpose, non- infringement, compatibility, security and accuracy.
b. To the extent permitted by law, Dark Forest Records Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
c. Dark Forest Records Limited makes no warranty either implied or express that any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else that may be harmful or destructive. We make no warranty, implied or express that any content available for download is safe, uninterrupted, error-free, virus-free or with regard to the quality of any of the songs.
d. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Dark Forest Records Limited for death or personal injury as a result of the negligence of Dark Forest Records Limited or that of its employees or agents.
e. Access to the Website outside of the United Kingdom is done so at your own risk. Dark Forest Records Ltd make no claim that all or part of the content of the Website may be lawfully viewed or downloaded under the jurisdiction of the country in which you are viewing or downloading. It is your responsibility to ensure compliance with the laws of your jurisdiction.

7. SUBMITTED MATERIAL

Dark Forest Records Ltd welcomes submissions for consideration for inclusion on the Website. All genres will be considered and should include full contact details. Submissions should in the first instance be on CD format only and be recorded as near to studio quality as possible. Acceptance on to the website is at our sole discretion.

Dark Forest Records regrets that it cannot return any material that it receives. Dark Forest Records Ltd can only reply to submissions in instances when interested.
Our download facility allows you to purchase downloads of digital content made available by us, which may be recordings alone, audiovisual material and / or data files. These downloads are permitted strictly pursuant to the listed terms and conditions.
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.

8. NO REFUND POLICY

Due to the nature of the Website and the electronic systems used in the administration of it, you accept that once full payment has been received by us, you agree and accept that the collection of purchased downloads is your responsibility and you agree and accept to this No Refund Policy. This does not affect your statutory rights.

9. MATERIAL

We do not accept any responsibility or liability for the quality of material uploaded to the Website. Whilst only as near to studio-recorded quality songs are admitted to the Website, by using the download facility, you accept that you may come across material that may be deemed of poorer quality than that of signed acts. Your use of the download facility is at your own risk and we shall not be liable to you in respect of any material viewed or downloaded.

10. ADVERTISING

Any advert that may appear from time to time on the Website remains the responsibility of the advertiser or sponsor and they shall ensure that any content submitted for inclusion on the Website complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any inaccuracy or non-compliance that may appear in such an advert.

11. SYSTEM REQUIREMENTS

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 the Website. You acknowledge and agree that any system requirements necessary to preview, download and / or play and/or view the material from the Website are your responsibility. We will not be liable for errors or omissions on the Website nor for any loss or damage suffered by you as a result of any unavailability of the Website or by any use or reliance placed by you on the Website or its contents including any damage caused to your computer or otherwise or for any direct/indirect/ consequential loss, whether that be of income, data or indeed profits

12. YOUR AGREEMENTS

You undertake that any details provided 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 the downloads ordered.
It is your responsibility to ensure that you back up any material you download from the Website, off line. We will not accept any responsibility for the loss of any or all of your material for whatever reason.

13. DISCLAIMER

We make no warranty that any particular CD burner or portable device or software, will be compatible with the Website or any material downloaded from it. It is your responsibility to ensure that your system(s) are compatible and will function correctly and effectively with the Website.

14. INDEMNITY

You agree to indemnify and hold Dark Forest Records Limited harmless from and against all liabilities, legal fees, damages, losses, costs, and any other expenses in relation to any claims or actions brought against Dark Forest Records Limited arising out of any breach by you of these Terms and Conditions or from your use of the Website.

15. TERMINATION

Dark Forest Records Limited shall have the right to immediately terminate your use of the Website if we determine in our sole discretion that you have breached these Terms and Conditions.

16. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

17. PRIVACY STATEMENT

Dark Forest Records Limited is committed to protecting your privacy. We strictly adhere to the requirements of the Data Protection legislation in the UK
b. We do not, or will not share information collected from the Website apart from as described in this privacy statement.
c. We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirements for credit/debit card validation during purchase.

18. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

19. OUR DETAILS

Dark Forest Records Ltd
PO Box 510
131 Friargate
Preston
Lancashire
ENGLAND
PR1 2EF

Email: darkforestsales@hotmail.co.uk

Company Registration Number: 5787814


© Dark
Forest Records Limited 2006
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