TERMS AND CONDITIONS FOR iPodCityWalks DIGITAL AUDIO GUIDES
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Welcome to iPodCityWalks Digital Audio Guides . These terms and conditions ("Terms"), along with the privacy policy, are a legal contract between you and iPodCityWalks and apply to and govern your use of the IPodCityWalks Digital Audio Guides. These Terms shall prevail over the privacy policy to the extent of any conflict or inconsistency. Any terms which you seek to impose on IPODCITYWALKS in respect of your use of the Service will not form part of any contract between us.
IPODCITYWALKS may from time to time update or modify these Terms in respect of your use of the Service. If you continue to use the Service following such update or modification, you will be deemed to accept the Terms as revised. If you do not agree to the revised Terms you must stop using the IPodCityWalks Digital Audio Guides and/or cancel any subscription. We therefore recommend that you periodically check these Terms.
IPODCITYWALKS will take all steps they believe are necessary to enforce and/or check compliance with these Terms and IPODCITYWALKS may refuse your access to the IPodCityWalks Digital Audio Guides for non-compliance with any part of these Terms.
By using the IPodCityWalks Digital Audio Guides you are accepting these Terms.
1. The IPodCityWalks Digital Audio Guides
IPODCITYWALKS is the provider of the IPodCityWalks Digital Audio Guides which allows you to access, stream and download digital content such as sound recordings, information related to the sound recordings, samples of the sound recording and associated artwork (collectively, the "Content") through this site. You can access Content by buying the sound recordings as permanent downloads as detailed in clause 3 below.
The Content is for your personal non-commercial use only.
2. Registration
You will need to register an account with IPODCITYWALKS in order to purchase audio guides. You will be required to provide us with your name, email address, postal address, and details of payment. Any information which you submit will be held and used in accordance with our privacy policy.
You agree that you will provide truthful and complete information when registering to use the Service.
You are solely responsible for maintaining the confidentiality and security of your account and are responsible for any fees that are accrued using your account. You must not allow others to use your name, or account and you agree to inform IPODCITYWALKS immediately of any use of your account by a third party which is not authorised via the ‘Contact Us’ page.
You agree to indemnify IPODCITYWALKS, its directors, officers, employees, affiliates, agents, contractors, franchisees and licensors, as applicable, for any unauthorised or illegal use of the Content by you or by any person obtaining access to the Content by using your designated name , whether or not you authorised such access.
3. Permanent Download of IPODCITYWALKS Content
Usage Rules for Permanent Downloads
The Content is owned by IPODCITYWALKS, or their licensors and is protected by intellectual property rights. You may burn each Permanent Download to a CD up to 5 (five) times as part of any particular play list of songs. A "play list" is a discrete group of Permanent Downloads that are arranged together in a particular order. 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. You may transfer a Permanent Download to up to 5 (five) portable devices that are compatible with the Service's usage rules and security requirements. Once you have transferred a Permanent Download to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device. You accept that you may only use such Content in accordance with the usage rules for the Permanent Downloads and that any other use of the Content may constitute a copyright infringement. The security technology is an inseparable part of the Content. You agree that you will not attempt to circumvent these usage rules. IPODCITYWALKS reserves the right to modify the usage rules at any time on thirty days notice to you and by changing these Terms.
Permanent Download Fees
The prices of the Permanent Downloads are as set out on our site at the then current time, which include VAT where appropriate. Permanent Downloads may be purchased individually, or collectively. However, each purchase of a Permanent Download shall be deemed a final, non-refundable sale.
Accepted Payment Methods
All payments for Permanent Downloads (including any applicable taxes) must be made by credit or debit card, or PayPal
IPODCITYWALKS must receive payment for the whole price of the Permanent Download that you order before your order is accepted and the contract between us is formed. IPODCITYWALKS are under no obligation to supply the permanent download before payment is received.
Cancellation of an order for a Permanent Download
You may not cancel an order for any permanent download once they are delivered to you.
4. Availability and Delivery of Content
All Content is subject to availability. IPODCITYWALKS and IPODCITYWALKS reserve the right to change, suspend, remove, or disable access to Content.
5. System Requirements
Use of the Service requires a compatible device, Internet access (fees may apply), and certain Software (including Microsoft software), hardware, and may require obtaining updates or upgrades from time to time (fees may apply). High speed Internet access is strongly recommended. You acknowledge and agree that such Software and system requirements, which may be changed from time to time, are your responsibility. Once Content is accessed and you receive the Content, it is your responsibility not to lose, destroy, or damage the Content, and IPODCITYWALKS shall be without liability to you in the event of any loss, destruction, or damage.
6. Intellectual Property
Acknowledgement of Ownership.
You agree that our site, including, but not limited to Content, graphics, and editorial content, contains proprietary information and material that is owned by IPODCITYWALKS and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright and patent law and you agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Content in compliance with these Terms. IPODCITYWALKS, and their licensors reserve all rights in our web site and the Software not expressly granted to you under these Terms.
14. Export Controls
You agree to comply with all applicable export control law and regulation as well as the US Export Control Regulations and other restrictions issued by the US and other applicable governments in relation to Software, including as referred to at http://www.microsoft.com/exporting.
8. Termination
Termination by IPODCITYWALKS. If you fail, or IPODCITYWALKS suspects that you have failed, to comply with any of the provisions of these Terms, including violation of third party rights or the applicable usage rules or any license of the Software, or if you have distributed your account information to any third party (i.e. two or more devices are simultaneously accessing your account), or you have engaged in conduct that is inconsistent with the best interests of IPODCITYWALKS, IPODCITYWALKS may, at its sole discretion, without notice to you: (i) terminate our agreement with you and/or (ii) terminate the license to the Software; and/or (iii) terminate or suspend access to the Content (or any part thereof): and/or (iv) commence proceedings against you. IPODCITYWALKS will not be liable to you or to any third party should it exercise these termination rights and you will not be entitled to receive a refund of any fees which you have previously paid.
9. Disclaimer; Liability Limitations
THIS SECTION SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IPODCITYWALKS IS NOT LIABLE FOR ANY INJURY, ACCIDENT, ARREST OR DAMAGE SUFFERED BY ANY USER OF ITS TOURS.
IPODCITYWALKS WILL NOT BE LIABLE TO YOU FOR ANY USE OF THE CONTENT OR SOFTWARE WHICH IS NOT AUTHORISED IN ACCORDANCE WITH THESE TERMS.
IPODCITYWALKS DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME IPODCITYWALKS MAY REMOVE, MODIFY OR SUSPEND ACCESS FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE ACCESS AT ANY TIME, WITHOUT NOTICE TO YOU.
IPODCITYWALKS MAKE NO REPRESENTATIONS AND DO NOT GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND IPODCITYWALKS DISCLAIM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR THE SECURITY AND BACKING UP OF YOUR OWN SYSTEM. IN PARTICULAR YOU SHALL USE AN UP TO DATE VIRUS CHECKER IN RELATION TO THE DOWNLOADING OF CONTENT.
IN NO CASE SHALL IPODCITYWALKS, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE (INCLUDING BUT NOT LIMITED TO IN THE EVENT OF NEGLIGENCE OR MISREPRESENTATION) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFIT AND BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF ANY OF THE SITE OR SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR CONTENT DESCRIPTION, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW AND IPODCITYWALKS AND MUSICNET MAKE NO REPRESENTATIONS, WARRANTIES OR PROMISES ON BEHALF OF ITS LICENSORS OR THEIR SUPPLIERS.
IPODCITYWALKS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE CONTENT, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND IPODCITYWALKS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
TO THE EXTENT THAT THE DISCLAIMERS ABOVE ARE NOT PERMITTED BY APPLICABLE LAW THE ENTIRE LIABILITY OF IPODCITYWALKS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS IN CONNECTION WITH THE CONTRACT AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS OR ANY LOSS SUFFERED BY YOU SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE AND/OR CONTNENT UP TO A MAXIMUM OF Ł50.
NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY RIGHTS WHICH YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE LAW THAT MAY NOT BE EXCLUDED OR IN ANY WAY EXCLUDE OR LIMIT IPODCITYWALKS’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY RESULTING FROM THEIR NEGLIGENCE
10. Your Waiver and Indemnity
BY USING THE SITE, YOU AGREE TO INDEMNIFY AND HOLD IPODCITYWALKS, MUSICNET, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS HARMLESS FROM ANY COSTS INCURRED OR LOSSES SUFFERED BY THEM WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF, AND PERFORMANCE OF, THE SOFTWARE OR SITE OTHER THAN IN ACCORDANCE WITH THESE TERMS OR ANY ACTION TAKEN BY IPODCITYWALKS OR MUSICNET AS PART OF THEIR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF THEIR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM IPODCITYWALKS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS AS A RESULT OF THEIR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT IPODCITYWALKS’S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.
FURTHERMORE YOU ACKNOWLEDGE THAT IPODCITYWALKS EXPRESSLY RESERVE THE RIGHT TO APPLY, IN THEIR SOLE DISCRETION, FOR INJUNCTIVE RELIEF TO PREVENT YOUR CONTINUED UNAUTHORISED USE OF THE SITE, OR SOFTWARE.
11. Governing Law
Any contract between us shall be governed by and interpreted in accordance with English Law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
20. General
These Terms, the privacy policy and the current prices of the Content constitute the whole of the agreement between you and IPODCITYWALKS relating to your use of the Site. They shall supersede any prior agreements between you and IPODCITYWALKS.
As detailed above you also may be subject to additional terms and conditions that apply when you use the site, affiliate services, third-party content, or third-party software, including, but not limited to Software and Content. Nothing said by any sales person on behalf of IPODCITYWALKS should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by IPODCITYWALKS. IPODCITYWALKS shall have no liability for any such representation being untrue or misleading.
If any part of these conditions is unenforceable (including any provision in which IPODCITYWALKS excludes its liability to you) the enforceability of any other part of these conditions will not be affected. IPODCITYWALKS’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms.
You may not assign or transfer any of your rights or obligations, nor sub-contract any of your obligations, under these Terms without the prior written consent of IPODCITYWALKS. IPODCITYWALKS may assign or transfer any of its rights or obligations, or sub-contract any of our obligations.
Nothing in the contract constitutes, or will be deemed to constitute, a partnership between us nor will it constitute, or be deemed to constitute, either of us as the agent of the other of us for any purpose.
Nothing in these Terms shall be construed to limit the remedies available to IPODCITYWALKS, their affiliates and/or licensor(s) for a breach of these Terms.
The termination of any agreement between us, for whatever cause, shall not affect any provision of these Terms expressly or by implication intended to survive or operate and shall not prejudice or affect the rights of either IPODCITYWALKS, or you against another party in respect of any breach of this Agreement.
21. Suspected Infringement
If you know of any use of the Content or Software which infringes third party rights, we would be grateful if you could contact us at the address below with details of such suspected infringement.
22. Complaints
IPODCITYWALKS operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us at the following email address:- info@ipodcitywalks.com |
