Terms and Conditions1. COPYRIGHT
All rights including copyright in the content of these web pages are owned and controlled by ReggaeRecord.com.
2. ACCEPTANCE OF TERMS AND CONDITIONS
By placing an order at ReggaeRecord.com you accept these terms and conditions ("the Conditions"). ReggaeRecord.com reserves 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 ReggaeRecord.com at the time you place your order. The Conditions applicable below constitute a legal contract between you and ReggaeRecord.com governing your use of ReggaeRecord.com's online music download sales service ("the Service").
3. 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. The Tracks are solely for personal non-commercial use.
4. USE OF THE SERVICE
(a) LIMITATION ON SALES: ReggaeRecord.com sells Tracks to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. ReggaeRecord.com reserves the right to refuse access to its website or sale of Tracks for any reason, to any end user. ReggaeRecord.com may terminate any offers for free or special promotions or pricing on merchandise at any time.
(b) TRACKS: The Tracks available for purchase at ReggaeRecord.com are protected by intellectual property laws. You agree that the content rights holders that license their music or other content to ReggaeRecord.com 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 authorize, encourage or allow any Tracks used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, sold, communicated to the public or otherwise used by anyone else. You agree to advise ReggaeRecord.com promptly of any such unauthorized 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 ReggaeRecord.com ("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. ReggaeRecord.com 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.
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 (i) save to the hard drives of up to three (3) of your personal computers and play back at any time, (ii) burn to a CD and/or (iii) 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. ReggaeRecord.com shall have no liability to you in the event of any such loss, destruction, or damage. The burning or transfer permissions provided shall not operate to waive or limit any rights of the copyright owners in Tracks or any works embodied in them.
(d) PRODUCT AVAILABILITY: Technical problems or expiry of ReggaeRecord.com 's 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 ReggaeRecord.com 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. ReggaeRecord.com will fully co-operate with any appropriate authority or Court order requesting or directing Digital 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 ReggaeRecord.com or other members as to your identity or to the origin of a message or content.
(f) All rights not expressly granted are reserved to ReggaeRecord.com and/or its licensors.
5. CHARGES / BILLING
(a) AGREEMENT TO PAY: You agree to pay for all Tracks that you purchase through the Service and ReggaeRecord.com may charge your credit card or PayPal account for any such payment(s). During shopping using the Service, the prices appear in your local currency or any currency setted up by ReggaeRecord.com in its sole discretion. All final billing and payments for Purchased Tracks will be converted and done in Japanese Yen, at the conversion rate of the purchase day. Your credit card will only be charged after we have verified your card details, received credit authorization and confirmed product availability. You are responsible to pay your own credit card and currency conversions fees. You are responsible for keeping your ReggaeRecord.com account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All prices include VAT (where applicable) at the current rates.
(b) RIGHT TO CHANGE PRICES: All prices for products within the Service are subject to change by ReggaeRecord.com at any time. While ReggaeRecord.com tries to ensure that all prices on the Website are accurate, errors may occur. If ReggaeRecord.com 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 ReggaeRecord.com 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.
(d) CANCELLATION: Any Purchased Track from ReggaeRecord.com are not cancellable or refundable once delivered.
6. EXPLICIT CONTENT
Certain albums may be subject to the Recording Industry Association of America ("RIAA") "Parental Advisory Label" for labeling 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. This is a subjective decision that should be made by a senior executive of the company. All Tracks from such labeled albums will be labeled 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. ReggaeRecord.com 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.
7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If ReggaeRecord.com receives a notice alleging that you have engaged in behavior that infringes ReggaeRecord.com's or any other party's intellectual property rights or reasonably suspects the same, ReggaeRecord.com may suspend or terminate your account without notice to you. If ReggaeRecord.com 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.
8. PROMOTIONS AND ADVERTISING
ReggaeRecord.com 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 ReggaeRecord.com 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.
9. MODIFICATIONS TO THE SERVICE
ReggaeRecord.com 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 unauthorized use of the Service, the Tracks or any related software or materials may result in irreparable injury to ReggaeRecord.com and/or its affiliates or licensors for which money damages would be inadequate, and in such event ReggaeRecord.com, 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.
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 ReggaeRecord.com or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "Digital Entities"), as applicable, and, to the maximum extent allowed by applicable law, the Digital 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 Digital 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 Digital 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 Digital Entities.
ReggaeRecord.com 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 Digital 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 Digital Entity has been advised of the possibility of such damages.
12. USE OF WEBSITE
You may use ReggaeRecord.com for lawful purposes only and you agree not to use ReggaeRecord.com in any way which may cause ReggaeRecord.com or access to it to be interrupted or impaired in any manner.
14. LINKS TO THIRD PARTY SITES
ReggaeRecord.com may present links to third party websites not owned or operated by ReggaeRecord.com. ReggaeRecord.com is not responsible for the availability of these sites or their contents. You agree that ReggaeRecord.com is not responsible or 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.
15. PATENTS AND TRADEMARKS
All trade marks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with ReggaeRecord.com are the property of ReggaeRecord.com 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.
16. FORCE MAJEURE
In the event that, due to circumstances outside ReggaeRecord.com's 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, ReggaeRecord.com shall not be liable to you.
17. LIMITATION OF LIABILITY
In the event that ReggaeRecord.com 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 ReggaeRecord.com at the time the contract between you and ReggaeRecord.com was formed (as determined in accordance with the foregoing provisions) and in any event any liability of ReggaeRecord.com shall be limited to the value of the goods ordered by you in the relevant transaction.
18. LAW AND LEGAL NOTICES
These Conditions and any other terms or documents referred to herein represent your entire agreement with ReggaeRecord.com with respect to your use of the services offered by ReggaeRecord.com. 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 Japan govern the Conditions and your use of the Service and the Tracks. You agree that the Japan Courts have jurisdiction over any claim or dispute with ReggaeRecord.com or relating in any way to your account or your use of the Service or the Tracks.
19. BUSINESS ACT