Terms of Sale

Terms of Sale for Permanent Downloads

IMPORTANT – READ CAREFULLY.

THE TERMS OF SALE FOR PERMANENT DOWNLOADS (“TERMS OF SALE“) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” AND “YOUR”) AND TOM DALE MUSIC (“TOM DALE MUSIC,” “WE,” “OUR“).

BY PURCHASING PERMANENT DOWNLOADS THROUGH THE TOM DALE MUSIC WEBSITE YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF SALE, YOU UNDERSTAND THEM, AND YOU CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS OF SALE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASE OF PERMANENT DOWNLOADS THROUGH THE TOM DALE MUSIC WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED IN THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE ANY PERMANENT DOWNLOADS THROUGH THE TOM DALE MUSIC WEBSITE.

These Terms of Sale apply to Your purchase of Permanent Downloads (as defined below) through Tom Dale Music’s online storefront offering downloads (the “Tom Dale Music Website”).

Tom Dale Music reserves the right, in Our sole discretion, to change, add or remove portions of these Terms of Sale at any time and all rights that We may have in law or equity to enforce the terms of these Terms of Sale. It is Your responsibility to check these Terms of Sale each time before purchasing Permanent Downloads through the Tom Dale Music Website, and any changes to these Terms of Sale shall apply to any purchases made after such changes are posted. Because they are binding upon You and govern Your relationship with Tom Dale Music, You should visit this page from time to time to review the then-current Terms of Sale.

  1. Tom Dale Music Website Terms of Use

Your purchase of Permanent Downloads and access and use of the Tom Dale Music Website are also governed by the Tom Dale Music Website Terms of Use (“Terms of Use”) which are incorporated herein by reference. If, and to the extent, there is a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale shall govern.

  1. Age Requirements

Tom Dale Music does not provide payment facilities or sell Permanent Downloads to children. If You are under the age of 18, You should only use the Tom Dale Music Website and access to the Permanent Downloads (as defined herein below) with the involvement of a parent or legal guardian.

  1. Permanent Downloads

Certain content made available through the Tom Dale Music Website may be downloaded and stored on the hard drive of Your computer and then transferred, burned or copied to CD in accordance with the terms of these Terms of Sale and the Terms of Use (“Permanent Downloads”).

All audio Permanent Downloads sold through the Tom Dale Music Website are encoded in a high quality MP3 format.

 

 

  1. Ownership of the Permanent Downloads

Permanent Downloads may be owned by Tom Dale Music or its licensors (“Content Owners”), and in all circumstances, You understand and acknowledge that all Permanent Downloads embody the intellectual property of a third party and Your rights with respect to Permanent Downloads will be limited by copyright law.

You agree to comply with all applicable laws in Your use of the Permanent Downloads, including not to make any use of the Permanent Downloads that would infringe the copyright therein, and to protect the applicable Content Owner’s rights therein.

You agree that you will not attempt to modify any Permanent Downloads obtained through the Tom Dale Music Website for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Permanent Downloads.

  1. Content Availability

Tom Dale Music in its sole discretion or at the request of a Content Owner may, from time to time, remove Permanent Downloads from the Tom Dale Music Website without notice.

  1. Tom Dale Music Privacy Policy

Any information You provide to us through the Tom Dale Music Website is subject to Our Privacy Policy. For more information, please see Our full Privacy Policy.

  1. Usage Rules and Restrictions

Upon payment of the Permanent Download Fee Tom Dale Music grants You a non-exclusive, non-transferable right to use the Permanent Download in accordance with the following usage rules (“Usage Rules”) and subject to the provisions of these Terms of Sale and the Terms of Use:

  1. Your use of any Permanent Downloads purchased via the Tom Dale Music Website is conditional upon Your prior acceptance of these Terms of Sale and the Terms of Use, including, without limitation, the Usage Rules set out therein.
  2. You shall be entitled to export, burn or copy Permanent Downloads solely for Your personal, non-commercial and entertainment use and not for any redistribution.
  3. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners in the Content or any related content provided as part of the Tom Dale Music Website.
  4. Permanent Downloads can only be downloaded once per transaction. You may copy, store, transfer or burn a single Permanent Download to a CD an unlimited number of times provided that such use is solely for Your own personal, entertainment and non-commercial use. Once you have burned a Permanent Download to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.
  5. Unless otherwise expressly authorised in these Terms of Sale, any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, promotion, commercial use, sale, transfer, assignment or other use of the Permanent Downloads provided through the Tom Dale Music Website, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, is a violation of copyright law and expressly prohibited without the prior written consent of the Content Owner.
  6. Permanent Downloads may not be used as a musical “ringer” in connection with phone calls.
  7. You understand that once You have purchased and received a Permanent Download it is Your sole responsibility not to lose, damage or otherwise destroy the Permanent Download and Tom Dale Music shall have no liability to You for any such loss, damage or destruction.
  1. Permanent Download Fees

Permanent Downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of an album. However, each purchase of a Permanent Download shall be deemed a final, nonrefundable sale.

Your purchase of a Permanent Download will entitle You to download a single copy of the applicable Permanent Download per transaction.

The charges for Permanent Downloads are indicated on the Tom Dale Music Website with respect to each Permanent Download, whether sold individually or as part of an album. Tom Dale Music reserves the right to change prices without notice for future purchases of Permanent Downloads offered on the Tom Dale Music Website at any time. In the event of a promotional offering, Tom Dale Music shall not provide refunds.

  1. Payment Method and Terms

All payments for Permanent Downloads (including any applicable taxes) must be made by credit card or through a PayPal® account. By submitting an order through the Tom Dale Music Website, You authorize Tom Dale Music, or its designated payment processor, to charge the credit card or PayPal® account You provide for the total purchase amount. If Tom Dale Music does not receive payment from the credit card issuer, its agent or PayPal®, You agree to pay all amounts due and owing. All payments are to be made in United States Dollars.

  1. Cancellation Policy

All sale of Permanent Downloads are final. You do not have the right to withdraw from a purchase once You begin to download content from the Tom Dale Music Website and You will not have a right to cancel your contract once the download commences.

  1. For Assistance with Orders

In the event that You experience difficulties with purchasing a Permanent Download, please contact tom@tomdalemusic.co.uk

  1. Taxes

You will be responsible for any applicable sales tax, use tax or any other governmental taxes or fees applicable to your purchase of Permanent Downloads. If You do not pay such taxes or fees at the time of Your purchase of which are later determined to be applicable, Tom Dale Music reserves the right to collect such taxes or fees from You at any time.

  1. Your Representations and Warranties

You represent, warrant and undertake that:

  1. You are using the Tom Dale Music Website hereunder for Your own personal, non-commercial entertainment use and not for redistribution of any kind.
  2. You will not distribute, transmit, broadcast, publicly perform or publicly display, rent, lend, modify, adapt, edit, assign, sell, license or sub-license, or otherwise transfer or use any copies of Permanent Downloads obtained through the Tom Dale Music Website.
  3. You are not granted any synchronization, promotional, public performance, commercial sale, resale, reproduction or distribution rights in the Permanent Download.
  4. You acknowledge and agree that the Permanent Download contains the intellectual property of a third party and is protected by law.
  5. You shall not use the Permanent Download except as authorized under these Terms of Sale and the Terms of Use.
  6. You shall not infringe the intellectual property rights of any third party in and to the Permanent Download and any related content and shall comply with all applicable laws in relation to Your Use.
  7. In consideration of Your use of the Tom Dale Music Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving Websites under the laws of Canada or other applicable jurisdiction.
  8. All information about yourself you provide to us though the Tom Dale Music Website, including, without limitation, name, address, and credit card or other payment information is true, accurate, current and complete.
  1. Indemnification.

You hereby agree to indemnify, defend and hold harmless Tom Dale Music, Content Owners, third-party Licensors, and their respective officers, directors, agents, employees, licensors and licensees (collectively, the “Indemnified Parties“) from and against any and all liability, losses, damages and costs (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of: (i) Your use of the Permanent Downloads that violate any applicable law, including without limitation that it infringes or otherwise violates the rights of a third party; and (ii) any breach of or non-compliance with any of Your representations, warranties or obligations contained in these Terms of Sale.

You shall cooperate as fully as reasonably required in the defense of any claim. Tom Dale Music reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

  1. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU ACKNOWLEDGE AND AGREE THAT THE TOM DALE MUSIC WEBSITE INCLUDING ALL PERMANENT DOWNLOADS AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOM DALE MUSIC WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM TOM DALE MUSIC OR ANY CONTENT OWNERS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOM DALE MUSIC AND ALL CONTENT OWNERS DISCLAIM ALL WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TOM DALE MUSIC NOR ANY CONTENT OWNERS WARRANTS THAT THE TOM DALE MUSIC WEBSITE OR ANY PERMANENT DOWNLOADS, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOM DALE MUSIC WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

NEITHER TOM DALE MUSIC NOR ANY CONTENT OWNERS WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND ARISING FROM THE USE OF THE TOM DALE MUSIC WEBSITE OR FROM PERMANENT DOWNLOADS, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOM DALE MUSIC WEBSITE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC PERMANENT DOWNLOAD GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.

TOM DALE MUSIC SHALL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE TOM DALE MUSIC WEBSITE AND SHALL USE SUCH INFORMATION IN ACCORDANCE WITH PRIVACY POLICY

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND TO THE MAXIMUM AMOUNT PERMITTED BY LAW, TOM DALE MUSIC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

  1. Miscellaneous

Tom Dale Music reserves the right to modify these Terms of Sale, the Terms of Use, our website and the Tom Dale Music Website at any time. You will be subject to the policies, Terms of Use and Terms of Sale at the time you use the Tom Dale Music Website or order a Permanent Download, unless any change to those policies or conditions is required by law. Administering the usage rules entails the ongoing involvement of and/or monitoring by Tom Dale Music and/or its licensors. Availability of any Permanent Download is subject to change at any time without notice to You.

You agree that your purchase and downloading of Permanent Downloads and use of information related to the Permanent Downloads is further acknowledgement of your acceptance of and agreement to use such Permanent Downloads solely in accordance with the applicable usage rules, and that any other use of Permanent Downloads will constitute a breach of these Terms of Sale and may constitute a violation of law, including copyright infringement.

The Content Owners are intended beneficiaries of these Terms of Sale and shall have the right to enforce these Terms of Sale against you. Tom Dale Music and the Content Owners reserve all rights that they may have in law or equity to enforce the terms of these Terms of Sale or the use of the Permanent Downloads.

Violations

Please report any violations of this Terms of Sale to our customer Website department tom@tomdalemusic.co.uk

Date: July 30, 2015