1. To purchase downloads from Audiorascal.com (a division of Artificial Bliss Recordings Ltd). ("Audiorascal") you must be a credit or debit card holder and have a valid email address to send your downloads to.
2. Description of Service. Through the use of the Audiorascal website, you are permitted to listen to Samples (as defined below), and obtain Digital Downloads of sound recordings ("Tracks"). Audiorascal downloads are only for your personal, non commercial use. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the sites on which the Service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the downloads accessible through the site. The Service is not part of any other offering or product, and as such, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Service.
5. Consent to Our Communication With You By E-Mail. By purchasing a download from Audiorascal, and each time you make a purchase through our Site, you grant permission for Audiorascal to contact you at your e-mail address to supply you with a download link(s).
6. Objectionable Material. When using the service, you understand that you might encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Service at your own risk and Audiorascal shall have no liability to you for content that may be found objectionable, indecent, or offensive.
7. Content. All music, downloaded or samples, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the Audiorascal website (collectively Content), including but not limited to the layout, election, organization, and coordination of such Content on the website is the property of, or is licensed to Audiorascal, and is protected by copyright, and other intellectual property rights laws.
Without the prior written consent of Audiorascal, and except as provided in this Agreement, no Content may be transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.
8. A "Download" is a Purchased Track or other Purchased Digital Material that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, (3) burn to a CD/DVD. Audiorascal shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in Tracks or Material or any works embodied in them.
You shall be authorized to use the Downloads only for non commercial, personal use. The Downloads are strictly limited to your personal use and any use or sharing outside the doctrine of Fair Use is in violation of Copyright and Intellectual Property laws.
9. Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads. You may not play and then redigitize any Downloads. You may not create any "derivative works" by altering any of the Content. You may not use the Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is prohibited.
10. Loss of Rights by Audiorascal. Audiorascal may at any time lose the right to make certain Tracks available. In such an event, you will no longer be able to access these Tracks from the Audiorascal.com website or obtain them from the Site's database.
CHARGES/BILLING
12. Sales to End Users Only. Audiorascal sells products to end user customers only, and not to music dealers, exporters, wholesalers, or any other businesses with an intent to resell.
13. Audiorascal's Right of Refusal. Audiorascal reserves the right to refuse Service or sale of tracks for any reason, to any End User.
14. Right to Change Prices and Product Availability. Prices and Availability of Products (e.g., Tracks and Materials) offered through the Service are subject to change at any time. Audiorascal does not provide price protection or refunds in the event of a price drop or promotional offering.
15. Each Digital Download is an Individual Sale and Subject to the Terms and Conditions of this Agreement. Each purchase of Digital Downloads by You will be regarded as a separate transaction and each delivery of a Digital Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
16. Refunds. All sales are final and all charges from those sales are non-refundable. In exceptional circumstances, refunds are given at the discretion of the management.
17. No Responsibility for Typographical Errors. Due to the rapidly expanding, broad selection of Tracks on the Audiorascal website, it is possible that a Track may be accidentally mispriced. In such an event, Audiorascal reserves the right not to accept End User orders with prices based upon typographical errors.
18. Taxes. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
19. Order Acceptance Policy. Your receipt of an electronic or other form of confirmation does not (1) constitute Audiorascal's offer to sell and (2) convey Audiorascal's acceptance of your order. AUdiorascal reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Your order is deemed accepted upon delivery of Products (i.e. completion of a Digital Download as indicated by Payloadz.com).
20. Methods of Payment and Credit Card Terms. Audiorascal does not currently accept cash, money orders, checks, or any other form of payment besides the credit and debit cards listed on the site. Audiorascal reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Audiorascal, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement, not this Agreement, to determine your rights and liabilities as a cardholder. Obligation to pay for Products or Digital Download orders previously accepted by Audiorascal will survive your termination of the Terms and Conditions of Usage.
21. Electronic Signatures and Contracts. Your use of Audiorascal's Service includes the ability to enter into agreements and/or to make purchases electronically. 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. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
22. Privacy. For additional information regarding Audiorascal's use of information collected in connection with the Service, please refer to Audiorascal's Privacy Policy.
23. Copyrights. All copyrights in and to the Service, including but not limited to, the Audiorascal independent music store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Audiorascal and/or its licensors. The use of the software or any part of the service, except for use of the service as permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement.
24. Trademarks. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Audiorascal 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.
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