The following shall constitute a binding agreement between you and Trackitdown Limited (trading as Trackitdown.net) (Trackitdown) for your use of the services provided on Trackitdown.net (the Site). This agreement together with any amendments, additional terms and rules and policies constitute the agreement between you and Trackitdown (the Agreement). By clicking on Agree at the end of this agreement you accept to be bound by the terms contained in the Agreement.
1. The Service.
Trackitdown provides digital recordings of music, artwork, audio visual material, software and other associated products that you may download in accordance with the terms set out in the Agreement. The Site allows you to listen to audio clips and obtain downloads of sound recordings (Tracks) and other related materials (Materials). These terms and conditions may be amended at any time by Trackitdown. Any amendments will be posted on the Trackitdown.net website. You should always review the Terms & Conditions regularly to ensure you are aware of any such changes. Your continued use of this site will constitute acceptance of the Agreement including any modifications and amendments which have been posted online.
2. Limitations of Usage & Copyright.
This service is for personal use only. You may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any content contained on the Site except for your own personal, non commercial use. All of Trackitdowns Materials contained on the Site including (but not limited to) graphics, text, logos, editorial content, audio clips, the layout and selection of interfaces, software, source codes, artwork are the property of Trackitdown or its content and technology providers and is protected by law.
3. Age Requirement
You must be at least 13 years of age or older to use this service. If you are under the age of 18 you are unable to enter into this Agreement and you should get your parent or Guardian to review the Agreement and they should enter into this Agreement on your behalf.
4. System Requirements for Usage
Use of the service requires a compatible computer, internet access and certain software. Any fees payable for any such internet access or software shall be your responsibility. If you need information on the specifications of any equipment, internet access or software required to use the services provided by Trackitdown please email your request to support@trackitdown.net
5. Registration and Security
To use the services provided by Trackitdown you must be a registered user of Trackitdown.net. To register you must provide certain information including a user name, password and valid email address. Trackitdown will use this information in accordance with its privacy policy set out at clause 10 below. As a registered user of the Service you will set up an account through which you may make purchases and use the other services provided by the Site (Your Account). You shall not reveal the personal information of Your Account to any third party and will take all reasonable steps to ensure the security of your password, membership number and name and other relevant information. Trackitdown will not be held responsible for any losses incurred due to unauthorized use of Your Account by any third party.
6. Charges and Billing
All billing is undertaken on behalf of Trackitdown by SecureTrading and references to Trackitdown in the context of charges and billing will also be deemed to refer to SecureTrading where relevant. You agree to pay for all the Tracks and Materials that you purchase through Trackitdown and you agree that Trackitdown may charge your designated credit card for such payment. You agree that any purchase requests you make will constitute your intent and agreement to be bound by the Agreement and to pay for such purchase. The prices quoted on the Site are subject to change from time to time and are inclusive of all United Kingdom applicable taxes, including sales taxes.
7. Termination
Trackitdown may in its absolute discretion and without notice to you
terminate this agreement or suspend Your Account if at any time Trackitdown (in its reasonable opinion) believes that you have breached the provisions of the Agreement and you will remain liable for any payments owing on Your Account up until and including the date of termination of the Agreement.
8. Indemnity and Waiver
By using this service you agree to indemnify and hold harmless Trackitdown and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company from any and all losses, claims, demands, causes of actions and judgements (including legal fees on an indemnity basis and court costs) which arise out of your breach of the Agreement or use of the Service.
You shall not sue or seek to recover any damages or other payment from Trackitdown and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
9. Disclaimer
By agreeing to the terms of the Agreement you accept that your use of the Site and the services contained therein is at your own risk. The Site, Tracks and Materials are provided as is and as available and without warranties of any kind either express or implied. This shall include (but not be limited to) all implied warranties of fitness for purpose or merchantability to the extent permitted by law.
Trackitdown shall use its reasonable efforts to protect the information submitted by you but you hereby acknowledge and accept that your submission of such information is at your own risk and no liability shall attach to Trackitdown for any loss or liability to you relating to such information.
Whilst Trackitdown will make all reasonable efforts to ensure an interrupted service Trackitdown does not make any guarantee represent or warrant that your use of the Site will be uninterrupted and without error and you recognise that Trackitdown may temporarily suspend the service from time to time without notice to you in order to undertake essential Site maintenance.
Whilst Trackitdown will make all reasonable efforts to ensure that the Site will be free from viruses, corruption or loss or other security breaches and Trackitdown makes no warranties in this regard and shall not be liable for any loss relating thereto.
10. Privacy Policy
You may be asked to submit personal information about yourself in order to use the services on the Site. By entering your details on the Site you hereby authorise Trackitdown and its service and content providers to provide you with the services you have selected. All of the information you provide is essential to provide the service you have requested from Trackitdown. Trackitdown will not send you, or authorise any third party to send you, any promotional information unless you specifically opt into our information mailing list which you can subscribe to by clicking http://www.trackitdown.net/account/
When you enter the Site your computer will automatically be issued with a Cookie. Cookies are used by many websites in order to track traffic to their sites. Cookies used by Trackittdown are text files that identify your computer to our Server and will only record those areas of the Site that you have visited. You can set your computer so that it will not accept Cookies.
Trackitdown will take all reasonable measures to protect the loss, misuse and alteration of the information under Trackitdowns control and to ensure that the Site has complied with the provisions of the Data Protection Act 1998 or any other relevant United Kingdom legislation relating to the handling of personal information. If any of the information that you have provided to us changes you must notify us by editing your billing information in Your Account.
You have the right to request a copy of the personal information that Trackitdown holds about you as a result of your use of the Site. A fee of £10.00 is payable for each such request. Please address requests to The Data Protection Officer at Trackitdown.net info@trackitdown.net
The Site contains links to third party websites. Trackitdown is not responsible for the practices or privacy policy of such third party websites and your use of those third party sites is at your own risk and you consult the relevant terms and conditions of those sites for further information.
11 No Partnership
Nothing herein shall be deemed to constitute a partnership, agency or joint venture between You and Us.
12. Entire Agreement
This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and any amendment or variation hereto must be in writing and signed by both parties.
13. Law
This Agreement shall be interpreted in accordance with the laws of England and the High Court of Justice in England shall be the exclusive court of jurisdiction.
14. Distance Selling
Digital download products are non refundable once download has commenced. Physical items may be returned and refunded if we are notified in writing no more than seven days after you have received your product. You will need to return the product to us, in it's original condition. Once received a refund will be processed for you.
15. TID Pro Membership
TID Pro Membership is offered as an extension to our A-la Carte download service and is billed on a monthly basis with no minimum contract term.
You may cancel your Pro Membership at any point however your membership will cease immediately with no refund for any remaining days of your membership.
Members will automatically be billed on a rolling 30 day cycle from the day membership was initiated. Payment will be taken from the same payment method used when signing up.
If your payment method is declined when trying to take payment your membership will be cancelled immediately.
TID Pro membership benefits are subject to change at any time. Members will be notified of any changes to membership via email.
Trackitdown Ltd reserve the right to withdraw the Pro Membership at any point. If the service is cancelled all members will receive a full refund for the current months membership.
