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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
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