Conditions Of Use For Heavenly
Media Products
This document outlines the terms and
conditions of use for all of our products
and services and also governs the use of
this website where all content herein is
property of Heavenly Media Services and/or
others.
When accepting delivery of any Heavenly
Media product, you are entering into a
binding agreement between yourself and us
according to the clauses and paragraphs
which follow. Please read these carefully.
Your statutory rights are not affected by
this agreement. Company reserves the right
to include any specifically commissioned
works in their publicly and commercially
available catalogue unless otherwise agreed
in writing.
This document also outlines the terms and
conditions of use to which the customer
(referred to hereafter as USER) is bound
under the UK copyrights act. This document
supersedes any previous terms, conditions or
agreements made between Heavenly Media
Services and any of it's licensees. It is an
agreement between Heavenly Music / Heavenly
Media Services, hereinafter referred to as
the COMPANY and based at P.O. Box 9525,
Essex CO16 8WU and you - the end USER. Any
and all goods supplied by Company shall be
referred to as the PRODUCT. The Product
shall be either a single track or collection
of backing tracks in any format including
but not limited to MIDI Song File, Audio
Backing Track or any other format produced
by us and supplied on CD, CDR, CDR-W, DAT,
MiniDisc, Cassette, product transmitted via
email or download or any other medium now in
use as well as technologies made available
in the future. Please refer to Schedule 1
below.
Assignment
Company is granting license for private and
personal use of the Product. The license is
non transferable and may not be assigned,
resold or otherwise disposed of by the User
without the express written consent of the
Company. Furthermore, the User may not sub -
licence the distribution or sale of the
Product in any way shape or form. If you are
an employee or owner of of a talent agency
or similar organization, you must purchase a
separate license for every artiste using the
product.
The User does not own the Product in whole
or in part but is authorized to use the
Product in accordance with the terms and
conditions of this agreement and nothing
either verbal or implied shall be otherwise
construed unless it has been approved in
writing by the Company. One copy may be made
by user for backup purposes only.
User warrants that the Product is for
private and/or personal use and that at no
time shall the Product be used in whole or
in part, for the production of any
commercial recordings for the purposes of
re-sale of any kind whatsoever including pre
or post - live performance (otherwise known
as gig) copies, without the express prior
written permission of Company. This excludes
copies made solely for the purposes of
personal backup ONLY.
Furthermore, the Product shall not be used
in the production and/or manufacture of
so-called karaoke CDs, Videos or any other
media without the express license* and
consent of the Company. The commercial use
of any portion of the Product must be
approved by Company PRIOR to commencement of
any such project.
The reproduction, copying, resale, lease,
performance or distribution of any material
derived from the Product is strictly
forbidden (i.e. the manufacture of backing
tapes, or Karaoke Tapes or videos without
the prior written consent of Company.
Where Product is to be used commercially
i.e. Television, Radio, Corporate
Presentation, background music for website
etc, the product would then become a service
and as such becomes subject to additional
fees and/or royalties. Such use to be
negotiated.
Modifications / Amendments to Product
User may alter, edit, amend or modify the
Product in form or content for their own
personal use but the copyright to the data
in it's amended form is still the
intellectual property of Heavenly Media
Services Limited as it is derived from our
original data and still subject to all terms
and conditions of this agreement. Such
edited versions may not be sold, loaned,
licensed or distributed either directly or
through third parties without written
license from Heavenly Media Services Ltd.
Copyright
The original copyrights in the works remain
the property of their respective writers
and/or publishers. The reproductions made
and marketed by Company remain the
intellectual copyright of Company.
Any and all such Product supplied to User by
Company remains the property and
intellectual copyright of Company and
Company shall reserve all rights attached to
such Product and/or any variations or
derivatives of the Product. Where
Performance Rights to the Product are held
by a Third Party, User undertakes to make
all necessary returns and payments to the
appropriate authority and the Company are
under no liability in this respect.
Safe-keeping
The User agrees to exercise due caution in
preventing unauthorized or casual access to
Master copies of the Product and has a duty
to protect the Companies Copyright. Where
lack of due caution to prevent unauthorized
access can be shown, the User may be held
accountable to Producer for losses and/or
damages equal to up to twenty times the full
price paid for the Product.
User further warrants that at no time shall
the Product be synchronized within any other
medium including Video, Text, Graphics or
any other medium without the express and
prior written consent and license of the
Company.
Amendments
Heavenly Media Services Limited reserve the
right to modify the terms and conditions of
this agreement without prior written notice.
Such changes to this document will always
appear date-stamped at our website
http://www.heavenlymediaservices.com
Territory
The geographical area shall be the user's
country of residence in which the Company
grant the Licence on a non-exclusive basis.
Other territories not outlined in this
agreement are to be mutually agreed on a per
territory basis.
No warranty shall be given by Company as to
the accuracy or merchantability of the
Product in which respect the User must
satisfy themselves and the Company expressly
excludes any liability in this regard.
The terms and conditions of this document
shall be governed by current UK law.
Schedule 1: Any and all product received by
user from Heavenly Music or Heavenly Media
Services.
Your acknowledgement of receipt of product
(either written, verbal, electronic or
otherwise) shall signify your agreement to
the above terms and conditions of use.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON
THIS WEB SITE
Permission to use Documents (such as white
papers, press releases, datasheets and FAQs)
from the Services is granted, provided that
(1) the below copyright notice appears in
all copies and that both the copyright
notice and this permission notice appear,
(2) use of such Documents from the Services
is for informational and non-commercial or
personal use only and will not be copied or
posted on any network computer or broadcast
in any media, and (3) no modifications of
any Documents are made. Accredited
educational institutions, such as
universities, private and public colleges,
and state community colleges, may download
and reproduce the Documents for distribution
in the classroom. Distribution outside the
classroom requires express written
permission. Use for any other purpose is
expressly prohibited by law, and may result
in severe civil and criminal penalties.
Violators will be prosecuted to the maximum
extent possible.
Documents specified above do not include the
design or layout of the
heavenlymediaservices.com,uk,org or any
other HEAVENLY MEDIA SERVICES owned,
operated, licensed or controlled web site.
Elements of HEAVENLY MEDIA SERVICES Web
sites are protected by trade dress,
trademark, unfair competition, and other
laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or
image from any HEAVENLY MEDIA SERVICES Web
site may be copied or retransmitted unless
expressly permitted by HEAVENLY MEDIA
SERVICES.
HEAVENLY MEDIA SERVICE MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. HEAVENLY MEDIA
SERVICES HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL HEAVENLY MEDIA SERVICES AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. HEAVENLY MEDIA SERVICES
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are
for your personal and non-commercial use.
You may not modify, copy, distribute,
transmit, display, perform, reproduce,
publish, license, create derivative works
from, transfer, or sell any information,
software, products or services obtained from
the Services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services,
you will not use the Services for any
purpose that is unlawful or prohibited by
these terms, conditions, and notices. You
may not use the Services in any manner that
could damage, disable, overburden, or impair
any HEAVENLY MEDIA SERVICES server, or the
network(s) connected to any HEAVENLY MEDIA
SERVICES server, or interfere with any other
party's use and enjoyment of any Services.
You may not attempt to gain unauthorized
access to any Services, other accounts,
computer systems or networks connected to
any HEAVENLY MEDIA SERVICES server or to any
of the Services, through hacking, password
mining or any other means. You may not
obtain or attempt to obtain any materials or
information through any means not
intentionally made available through the
Services.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE
HEAVENLY MEDIA SERVICES SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF HEAVENLY
MEDIA SERVICES AND HEAVENLY MEDIA SERVICES
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO
SUCH SITES. HEAVENLY MEDIA SERVICES IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. HEAVENLY MEDIA SERVICES IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
Any rights not expressly granted herein are
reserved.
All above terms and conditions shall be
governed by the laws of England.
We reserve the right to change this document
without notice.
*To obtain such license, please
contact us |
