TERMS AND CONDITIONS
All rights including copyright in the content of these web pages (“the Website”) are owned and controlled by Subexotic Records LLP (“Subexotic Records”). Neither the Website nor any portion thereof may be reproduced, duplicated, copied, sold, transmitted, adapted or otherwise exploited for any commercial purpose without the express prior written consent of Subexotic Records. Non-physical copies of recordings may not be reproduced, duplicated, copied, sold, broadcast, downloaded, transmitted, adapted or otherwise exploited for any commercial purpose without the express prior written consent of Subexotic Records.
2. ACCEPTANCE OF TERMS AND CONDITIONS
By placing an order on the Subexotic Records Website you accept these terms and conditions (“the Conditions”). Subexotic Records reserve the right to make changes to the Conditions relevant to them at any time and you will be subject to the relevant Conditions as published on the Website at the time you place your order. For the avoidance of doubt in respect of Subexotic Records the Conditions applicable below constitute a legal contract between you and Subexotic Records governing your use of Subexotic Records’ online music download sales service (“the Service”).
PROVISIONS APPLICABLE TO SALES OF PHYSICAL PRODUCT BY SUBEXOTIC RECORDS
3. ORDERS & PRICING
It is Subexotic Records’ aim to ensure that pricing of products on the Website is accurate at all times but prices are subject to change and the Website may not reflect the correct price at the moment you place your order. The price you will be charged for goods ordered will be that detailed in the email sent to you by Subexotic confirming that your order has been received.
All orders are subject to product availability. In the event that an item ordered by you is not available you will be contacted via your email address provided to offer refund, substitution or a different arrangement if agreed by you.
An order placed by you on the Website represents an offer to Subexotic Records to purchase an item. A legally binding contract between you and Subexotic Records will be formed when you receive an email confirming that your order has been received. If Subexotic Records confirms to you that some but not other items that you have ordered are available, the items that are not available will not form part of the contract between you and Subexotic Records.
All goods ordered will be subject to Subexotic Records’ standard shipping charges on a per item basis. Please note that items may take up to 30 days to arrive from receipt of your order.
You may cancel your order within seven (7) working days of receipt of the item from Subexotic Records provided that you have not broken the seal on the packaging of the item if it is a video, DVD, audio recording or computer software. Please note that Subexotic Records cannot accept returned magazines or goods that are returned in a condition different from that in which they were despatched to you. On receipt of returned goods Subexotic Records will refund onto your credit card the amount charged (excluding shipping fees) within thirty (30) days. Subexotic Records will not be able to give a refund if the goods returned are not received and for your protection Subexotic Records recommends that you return any items via recorded delivery.
8. FAULTY GOODS
If any item of physical product included with your order is faulty Subexotic Records will replace it or, if the item is no longer available, refund the purchase price provided you notify Subexotic Records in writing of the nature of the fault and you return the item concerned to Subexotic Records in suitable packaging enclosing details of your name and order number.
9. DUTIES AND TAXES
If you order from the Website goods for delivery overseas you will be responsible for any import duties and taxes.
PROVISIONS APPLICABLE TO THE SERVICE IN RESPECT TO DIGITAL DOWNLOADS VIA THE WEBSITE
10. AGE OF CUSTOMER
You must be at least 18 years of age to register for use of the Service.
11. THE SERVICE
The Service allows you to listen to Clips (as defined below) and buy non-physical digital sound recordings (“Tracks”) for permanent ownership (including CD burning and transfer to portable devices) and related digital content. Please note that the Service and the Tracks are solely for personal non-commercial use.
12. USE OF THE SERVICE
(a) SOFTWARE: All software made available by Subexotic Records on or through the Service is protected by intellectual property laws and your use of it is governed by these Conditions as well as any applicable end-user licence agreements.
(b) TRACKS: The Tracks are owned by Subexotic Records, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license their musical or other content to Subexotic Records for use in the Service are intended third-party beneficiaries under these Conditions with the right to enforce the provisions that directly concern their content. You understand that your use of the Tracks is subject to the Usage Rules discussed below. You may not authorise, encourage or allow any Tracks used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, communicated to the public or otherwise used by anyone else. You agree to advise Subexotic Records promptly of any such unauthorised use(s).
(c) USAGE RULES: Your access to and/or use of any Track(s) will be limited by the rules assigned to the Track(s) by Subexotic Records (“Usage Rules”) and described in this section. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Tracks. Subexotic Records reserves the right to modify the Usage Rules at any time and your continued use of the Service after each such modification shall be deemed acceptance of any such modification.
You may burn each Purchased Track to a CD up to five (5) times as part of any particular playlist of songs. A “playlist” is a discrete group of Purchased Tracks that are arranged together in a particular order. Once you have burned a Purchased Track to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.
You may transfer a Purchased Track to up to three (3) portable devices that are compatible with the Service’s Usage Rules and security requirements. Once you have transferred a Purchased Track to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.
The burning or transfer permissions provided for herein shall not operate to waive or limit any rights of the copyright owners in Tracks or any works embodied in them.
A “Clip” is a portion of a Track or promotional music video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Clips as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Clip.
A “Purchased Track” is a Track that you can keep permanently and may (1) save to the hard drives of up to three (3) of your personal computers and play back at any time, (2) burn to a CD and/or (3) transfer to a compatible portable device. Any security technology that is provided with a Purchased Track is an inseparable part of it. If you have Purchased Tracks, it is your responsibility not to lose, destroy or damage them. Subexotic Records shall have no liability to you in the event of any such loss, destruction, or damage.
(d) PRODUCT AVAILABILITY: Technical problems or expiry of Subexotic Records’ right to make certain Tracks available may at times delay or prevent delivery of Purchased Tracks to you. Receipt of your order or request does not guarantee that Digital can supply the selected products to you. All of the Tracks featured as part of the Service are subject to availability. Your sole remedy with respect to content or Purchased Tracks not delivered will be a refund of the price paid for such content or Purchased Tracks.
(e) RESTRICTIONS: You may not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, pornographic, inflammatory, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third party rights or harm minors in any way. Subexotic Records will fully co-operate with any appropriate authority or Court order requesting or directing Subexotic Records to disclose the identity of anyone posting any such information or materials. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead Subexotic Records or other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Subexotic Records may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service subject always to applicable legal restrictions, and/or to respond to any legal requirement, claim or threat. If Subexotic Records’ use of such content exploits any proprietary rights you may have in such material, you agree that Subexotic Records has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to use such material as described above. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.
(f) All rights not expressly granted are reserved to Subexotic Records and/or its licensors.
13. CHARGES / BILLING
(a) Agreement to Pay. You agree to pay for all Tracks that you purchase through the Service and Digital may charge your credit card for any such payment(s). Digital may, in its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. Your credit card will only be charged after we have verified your card details, received credit authorisation. You are responsible for keeping your Subexotic Records account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge. All prices include VAT (where applicable) at the current rates but exclude any delivery charges for goods, which are stated when you place your order (as these may vary depending on delivery option and location).
(b) Right to Change Prices. All prices for products within the Service are subject to change by Subexotic Records at any time. While Subexotic Records tries to ensure that all prices on the Website are accurate, errors may occur. If Subexotic Records discovers an error in the price of any goods or services you have ordered it will give you the option of reconfirming your order at the correct price or cancelling it. If Subexotic Records is unable to contact you it will treat the order as cancelled.
(c) Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Subexotic Records shall not be responsible or liable to you for the products or services purchased.
(d) Cancellation. You have the right to cancel certain purchases made online with Subexotic Records, namely purchases of physical goods, such as shirts. However, any electronic products purchased from the Website or any items purchased within the Service are not cancellable or refundable once delivered.
14. EXPLICIT CONTENT
Certain albums may be subject to the Recording Industry Association of America (“RIAA”) “Parental Advisory Label” (as defined at www.riaa.com/issues/parents/advisory.asp) or to the British Phonographic Industry (“BPI”) “Voluntary Stickering Scheme” for labelling recordings that contain explicit or offensive lyrics or other content. The RIAA assigns the Parental Advisory Label to an entire album and not the individual songs on the album. BPI recommends that its member companies apply a warning sticker to any recordings which they release or distribute which contain explicit lyrics or other content which may offend. This is a subjective decision that should be made by a senior executive of the company. All Tracks from such labelled albums (whether by RIAA or BPI) will be labelled as “explicit” within the Service (“Stickered Tracks”). If any of your searches on the Service return Stickered Tracks, they will be identified as such in the search results area. Note that Tracks that were recorded prior to 1985 are not subject to the RIAA Parental Advisory Label. Also, the BPI Voluntary Stickering Scheme may not apply to all content released in the United Kingdom since it is a voluntary process. Subexotic Records shall have no liability or responsibility to you for any content or materials, including Stickered Tracks, that may be available in connection with the Service that you might find objectionable.
15. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If Subexotic Records receives a notice alleging that you have engaged in behaviour that infringes Subexotic Records’ or any other party’s intellectual property rights or reasonably suspects the same, Subexotic Records may suspend or terminate your account without notice to you. If Subexotic Records suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
16. PROMOTIONS AND ADVERTISING
Subexotic Records and/or its business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that Subexotic Records shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
17. MODIFICATIONS TO THE SERVICE
Subexotic Records reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
You agree that any unauthorised use of the Service, the Tracks or any related software or materials may result in irreparable injury to Subexotic Records and/or its affiliates or licensors for which money damages would be inadequate, and in such event Subexotic Records, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief against you. Nothing contained in these Conditions shall be construed to limit the remedies available pursuant to statutory or other legal authority that Subexotic Records, its affiliates and/or licensors may have.
You understand and agree that your use of the Service and Tracks is at your own sole risk. The Service and Tracks (the “Products”) are provided “as is” and without warranty by Subexotic Records or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the “Subexotic Records Entities”), as applicable, and, to the maximum extent allowed by applicable law, the Subexotic Records Entities 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. The Subexotic Records Entities do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Products with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold any Subexotic Records Entity responsible for any damages that result from you accessing the Service or using the Products including, but not limited to, 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 in any way whatsoever relating to any of the Subexotic Records Entities.
Subexotic Records makes no warranty that any particular CD burner or portable device will be compatible with the software used to download Purchased Tracks or other material or that any CD burned using the software to download the Purchased Tracks or other material will function in all CD players. It is your sole responsibility to ensure that your system(s) will function correctly.
Under no circumstances shall any Subexotic Records Entity be liable for any unauthorised use of the Service, Tracks or any other materials.
Under no circumstances shall any Subexotic Records Entity 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 Products, even if the Subexotic Records Entity has been advised of the possibility of such damages.
20. USE OF WEBSITE
You may use the Website for lawful purposes only and you agree not to use the Website in any way which may cause the Website or access to it to be interrupted or impaired in any manner.
22. CREDIT CARD SECURITY
Subexotic Records Website purchases are processed through PayPal and as such PayPal’s terms of service apply to any purchase made via the Website. As per PayPal’s terms of service, PayPal do not share your credit card details with Subexotic Records and use security systems which comply with the Payment Card Industry Data Security Standard, a worldwide standard for data protection across the payment industry.
23. LINKS TO THIRD PARTY SITES
The Website may present links to third party websites not owned or operated by Subexotic Records. Subexotic Records is not responsible for the availability of these sites or their contents. You agree that Subexotic Records is not responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.
24. PATENTS AND TRADEMARKS
All trade marks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with Website are the property of Subexotic Records and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
25. FORCE MAJEURE
Notwithstanding clause 10 above in the event that, due to circumstances outside Subexotic Records’ control, you do not receive the whole or part of order or any of the items ordered by you are defective or there is a delay in your order reaching you, Subexotic Records shall not be liable to you.
26. LIMITATION OF LIABILITY
In the event that Subexotic Records is held to be in breach of the Conditions the extent of any such liability shall be limited to loss that would have been reasonably foreseeable by you and Subexotic Records at the time the contract between you and Subexotic Records was formed (as determined in accordance with the foregoing provisions) and in any event any liability of Subexotic Records shall be limited to the value of the goods ordered by you in the relevant transaction. Nothing contained in the Conditions shall be deemed however to limit Subexotic Records liability for death or personal injury arising as a result of negligence on the part of Subexotic Records. To the extent that any disclaimer or limitation on damages or liability in these Conditions is prohibited or limited by applicable law, then Subexotic Records (and if applicable Subexotic Records Entities) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity and in no event shall such damages or liability exceed £100.00.
27. LAW AND LEGAL NOTICES
These Conditions and any other terms or documents referred to herein represent your entire agreement with Subexotic Records with respect to your use of the services offered by Subexotic Records. If any part of the Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of England and Wales govern the Conditions and your use of the Service and the Tracks. You agree that the English Courts have jurisdiction over any claim or dispute with Subexotic Records or relating in any way to your account or your use of the Service or the Tracks.
Subexotic Records LLP
Company Registration number: OC356138
VAT number: 123823336
220 Totteridge Road