Terms and conditions of use

1. HOW THESE TERMS APPLY TO THE SALE OF PRODUCTS
These Digital Product terms and conditions of sale (together with any relevant documents referred to in them (including the Website terms of use)) set out the terms on which  we  supply any of the following products via our site to you:
Digital downloads of audio products to your computer or mobile;
Digital downloads of video products to your computer or mobile;
Streaming of video or audio products via this site
“Digital Products”
1.1
Each time you purchase Digital Products through this site you will be required to click the “I Agree” button to complete the order. By clicking the “I Agree” button and/or by using this site to purchase Digital Products you are accepting these terms and conditions of sale and if relevant any product specific terms. Any terms which you seek to impose in respect of your purchase of Digital Products through this site will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us before placing any order.
We recommend you review these terms and conditions each time you purchase Digital Products and print a copy of these terms and conditions for your future reference.
2. ABOUT YOU
2.1
By placing an order for Digital Products through our site, you warrant that:
2.2
You are legally capable of entering into binding contracts;
2.3
You are at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these terms of sale to you so that you fully understand them;
2.4
Where a legal age classification for a Digital Product is displayed that you are of the required legal age;
2.5
You are purchasing Digital Products for private, non-commercial use only and that you will not copy, distribute or share the Digital Products other than as allowed under these terms of sale; and
2.6
By placing an order for Digital Products you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. We work with third parties that help us provide the Digital Products to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help us process/fulfil your order.
3 REGISTRATION
3.1
You do need to register with the site to place an order for Digital Products, you will be required to provide us with certain information including certain personal and payment/billing details so that we can process your order.
3.2
You agree to provide us with truthful, complete and accurate details. You agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.
3.3
Please help us to ensure that the details you provide us with are kept up to date. You can access and update your information by visiting the your account area of the website and make the necessary updates or can contact us at support@roystrack.com to you however we can
4 DIGITAL PRODUCTS
4.1
All Digital Products available through this site are owned or controlled by us, our group companies or our licensors and are protected by intellectual property rights.
4.2
Any streaming or use of Digital Products purchased through this site are for your own personal, non-commercial use only. Upon payment of the price of the Digital Product we grant you a non exclusive, non-transferable licence to use the Digital Product for your own personal, non-commercial use in accordance with these terms of sale.
4.3
You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams and/or permanent downloads). Nothing in these terms of sale grants to you any rights other than those expressly set out herein. These terms do not grant to you any rights in relation to the synchronisation, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product unless a Recording Licence is issued to the subject.
4.4
We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorised use of this site, or Digital Products.
4.5
Permanent downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. This is solely for your own personal, non-commercial use and you must adhere to any and all usage restrictions that apply to the Digital Product
4.6
You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence.
4.7
In any event if you burn any permanent download of a Digital Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device.
4.8
Watermarking    To prevent unauthorised use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorised transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way. Streaming
4.9
We grant to you a non-exclusive, non-transferable right to access streams of Digital Products made available by us on this site solely for your personal, non-commercial use. Such use shall be subject always to these terms of sale.
4.1.0
You may not in relation to any Digital Products available as streams through this site:
4.1.1
store, copy, “rip”, reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;
4.1.2
circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by us to protect Digital Products available as streams through this site.
as
4.1.3
It’s up to you, the customer to protect and store all products purchased on our site as we will not be held responsible for them after they have been downloaded. These tracks could be lost from your account at any time.
5 RQUIREMENTS TO ACCESS THE DIGITAL PRODUCT SERVICES
5.1
In order to access and download Digital Products you will need:
Internet access;
Intel® Pentium® III 1GHz or faster processor, 512MB of RAM Recommended: Pentium 4 2GHZ or faster, 1GB RAM. Intel Core™ Duo 1.83GHz or faster processor; PowerPC® G4 1GHz or faster processor
Windows 7, Windows Vista® Home Premium, Business, Ultimate, or Enterprise including 64 bit editions, Windows Vista SP1, Windows XP Tablet PC Edition SP2 and SP3, Windows XP SP2 and SP3, Windows 2000 SP4, Windows 2003 Server , Mac OS X 10.4.11 or Mac OS X 10.5.4, 10.5.5, and 10.6. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Products functions correctly with this site.
5.2
The following mobile handsets are currently supported to allow download of Digital Products via this site.
5.2
You acknowledge that due to industry/technology developments, the nature of the Digital Products offered (including format of files, operating systems, downloading software etc) and the system requirements may change from time to time. We shall use reasonable endeavours to update our site with information relating to system requirements.
6 PACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US    6.1After placing an order for a Digital Product via our site, you will receive an on screen message and e-mail from us setting out the details of your order and acknowledging that we have received your order.
6.2
The contract for the purchase of any Digital Product will be between you and us and will only be formed when we make the Digital Product available for download and we have received payment in full for the Digital Product. Until we make the Digital Product available for download and receive payment in full there is no contract between you and us for the Digital Products. We reserve the right, in our sole discretion to reject any order we receive.
7. AVAILABILITY AND DELIVERY
7.1
All Digital Products featured on our site are subject to availability. We reserve the right to change or remove a Digital Product or other content on the site at any time without notice or liability to you. For example we may have obtained rights from third parties to make the Digital Product available and, in the event we lose these rights, we may need to remove the Digital Product from the site and make it unavailable for purchase.
7.2
We will endeavour to make it clear where Digital Products offered are available for a limited time or in limited numbers.
7.3
We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Digital Product will be available at a particular time.
7.4
Some Digital Products may be made available for pre-order which means they will not be available for download until the scheduled release date. Digital Product will normally be available to download on the day of release. There may be occasion from time to time when they are not available (eg for technical difficulties/unavailability of our site) and we make no guarantee that any Digital Product ordered prior to the release date will be available on the release date previously published. Release dates are subject to change from time to time.
8. PRICE AND PAYMENT
8.1
We shall determine in our discretion from time to time whether and which Digital Products are to be made available free of charge, on payment by you of the relevant price or in return for some other consideration.
8.2
For the most part you will not have to pay to access Digital Products available by way of streaming on the site. Where Digital Products are made available by way of free of charge streaming we may place advertising, sponsorship or other endorsements in and around the streaming player. By accessing any stream you agree that advertising may be featured in and around such stream in any manner which we determine in our discretion.
8.3
We use our best efforts to ensure the prices of Digital Products displayed on our site are correct. However, our site contains a number of Digital Products and it is always possible that, despite our best efforts, some of the Digital Products listed on our site may be incorrectly priced. If a Digital Product’s correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Digital Product available for download we will normally, at our discretion, either contact you for instructions before making the Digital Product available for download (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
8.4
We are under no obligation to provide the Digital Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for Digital Products in the case of obvious and unmistakable pricing errors.
8.5
Prices for Digital Products are liable to change at any time, changes will not affect orders in respect of which we have already taken payment and made the download available.
8.6
NOTE THAT IF YOU ARE DOWNLOADING THE DIGITAL PRODUCTS TO A MOBILE SOME NETWORK/SERVICE PROVIDERS MAY CHARGE YOU AN ADDITIONAL AMOUNT FOR THIS SERVICE. WE RECOMMEND YOU CONTACT YOUR NETWORK/SERVICE PROVIDER TO UNDERSTAND THE NATURE AND EXTENT OF ANY ADDITIONAL CHARGES BEFORE SELECTING THE DOWNLOAD TO MOBILE OPTION. NOTE THAT OVERSEAS ROAMING CHARGES MAY ALSO APPLY.
8.7
Payment for all Digital Products must be by credit or debit card,Paypal or via a gift certificate. We accept the credit and debit cards displayed on the payment page of our site from time to time.
8.8
By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the Digital Products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.
8.9
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps.
    8.10
We do not store credit card details nor do we share customer details with any 3rd parties
9. CANCELLATIONS AND RETURNS
Cancellation of an order for a permanent download of a Digital Product
9.1
You may not cancel an order by you for any permanent download of a Digital Product once it has been made available for download by you and each purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale.
9.2
You may cancel a pre-order for a Digital Product up to and including the day before the release date of the relevant Digital Product by emailing support@roystracks.com stating your order number and item(s) to be cancelled.
9.3
Once you have notified us that you are cancelling your order, any sum debited to us from your credit or debit card or Paypal account will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation. Incorrect/Faulty/Defective Digital Products
9.4
We take great care in providing our Digital Products. In the unlikely event of faults with, or damage to, the Digital Products or if you have received an incorrect or incomplete Digital Product please contact us at support@roystracks.com where we will replace any such faulty or damaged Digital Product if possible or if there are continuing issues with the Digital Product we may issue a refund. You must notify us within a reasonable period of time of download of the Digital Product. If you fail to notify us within a reasonable time, we will have no liability to you.
10 TERMINATION OF YOUR ACCOUNT
14.1
If you are in breach of, or we suspect you are in breach of, these Digital Product Terms of Sale (including if you use any Digital Product or the site for business purposes or you breach usage rules) then we may take any/all of the following actions:-
issue a warning to you;
immediate, temporary or permanent withdrawal of your access to your account and/or the site however you will remain responsible for all outstanding amounts on your account;
legal action against you;
disclosure of information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any action we reasonably deem appropriate.
11 OUR LIABILITY TO YOU
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
11.1
You agree you will have no claim against us, in respect of any decision to remove Digital Product from this site or any decision to suspend or terminate your access to this site or to Digital Products (including by way of purchase) through the site.
11.2
We warrant to you that any Digital Product purchased from us through our site is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Digital Products. You agree that use of this site to access or purchase Digital Products is at your sole risk.
11.3
If you or we are in breach of the contract for the Digital Product, neither of us will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.4
Our liability for losses you suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to the purchase price of the relevant Digital Product(s) affected.
11.5
We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
11.6
third party loss (as these Digital Products are for personal non-commercial use only);
11.7
loss of income or revenue;
11.8
loss of business;
11.9
loss of profits or contracts;
11.0.1
loss of anticipated savings;
11.0.2
loss of, damage to or corruption of data;
11.0.3
loss of opportunity or goodwill;
11.0.4
indirect or consequential loss of any kind; however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.0.5
This section 15 does not exclude or limit in any way our liability:
11.0.6
for death or personal injury caused by our negligence;
11.0.7
for fraud or fraudulent misrepresentation;
11.0.8
for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us relating to the Digital Products; or
11.0.9
        for any matter for which we cannot exclude, or limit our liability under applicable law.
12 WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
13 TRANSFER OF RIGHTS AND OBLIGATIONS
Neither you nor we may transfer, assign, charge or otherwise dispose of a contract for Digital Products, or any rights or obligations arising under it, without the other’s prior written consent. You agree however that we may sub-contract our obligations (for example contracting with a third party company to deliver the Digital Product) provided that we remain responsible to you for the performance of the contract.
14 ENTIRE AGREEMENT
We intend to rely upon these terms and conditions of sale and any document expressly referred to in them in relation to the subject matter of any contract relating to the Digital Products. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the contract for the Digital Product.
15 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1
We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities.
15.2
You will be subject to the policies and terms and conditions of sale in force at the time that you order Digital Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these terms and conditions of sale before we confirm your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Digital Products or our entering into the contract for the Digital Products (as applicable)).
16 LAW AND JURISDICTION
Contracts for the purchase of Digital Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by UK law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.
17. QUESTIONS OR COMPLAINTS?
If you have any queries at all regarding this site, the products featured on the site or any of the terms, please do not hesitate to contact us via e-mail at support@roystracks.com were we will be more than happy to assist you.