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Karaoke-Download.net Terms Of Use
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Terms Of Use
Karaoke-Downloads.net
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This Terms of Use
Agreement ("Terms of Use") applies to use of the Karaoke-Downloads.net
website located at http://www.karaoke-Downloads.net (the "Site").
The Site is the property of Oxyvita Limited (�OXYVITA�). Before you
make any purchases, you must accept these terms by clicking "I
have read, understand and agree to the terms of use". If you
do not agree, do not click the button and do not use the site. |
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Oxyvita reserves the
right, at its sole discretion, to change, add or remove portions of
this Terms of Use, at any time. It is your responsibility to check
this Terms of Use each time before using the Site. Your continued
use of the Site following the posting of changes will mean that you
accept and agree to the changes. You agree that all subsequent
purchases by you will be subject to the terms and conditions of this
Terms of Use, which shall apply until we post a modified Terms of
Use and then in accordance with such modified Terms of Use. As long
as you comply with this Terms of Use and any such modifications,
Oxyvita grants you ("End User") a personal, non-exclusive,
non-transferable, non-sublicensable, limited privilege to enter and
use the Site. |
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1. |
Content;
Copyright and Trademark Notice.
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All media (downloaded or
samples), software, text, images, graphics, user interfaces, music,
videos, photographs, trademarks, logos, artwork and other content on
the Site (collectively, "Content"), including but not limited to the
design, selection, arrangement, and coordination of such Content on
the Site is owned or licensed by or to Oxyvita, and is protected by
copyright, trade dress, and trademark laws, and various other
intellectual property rights laws. Except as expressly provided in
this Terms of Use, no part of the Site and no Content may be
reproduced, recorded, retransmitted, sold, rented, broadcast,
distributed, published, uploaded, posted, publicly displayed,
altered to make new works, performed, digitized, compiled,
translated or transmitted in any way to any other computer, website
or other medium or for any commercial purpose, without Oxyvita's
prior express written consent. Except as expressly provided herein,
you are not granted any rights or license to patents, copyrights,
trade secrets, trade dress, rights of publicity or trademarks with
respect to any of the Content, and Oxyvita reserves all rights not
expressly granted hereunder. Oxyvita expressly disclaims all
responsibility and liability for uses by you of any Content obtained
on or in connection with the Site. |
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KaraokeDownloads.net is
a trademark of Oxyvita. All custom graphics, icons, logos and
service names are trademarks or service marks of Oxyvita Limited.
All other trademarks or service marks are property of their
respective owners. The use of any Karaoke-Downloads.net trademark or
service mark without Oxyvita's express written consent is strictly
prohibited. |
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2. |
Registration; Customer Accounts; Use of Site. . |
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Certain services offered on or
through the Site require you to first open a My Account. You are
responsible for maintaining the confidentiality of your My Account
information, including your password, and for all activity that
occurs under your account. You agree to notify Oxyvita immediately
of any unauthorized use of your account or password, or any other
breach of security. You may be held liable for losses incurred by
Oxyvita or any other user of the Site due to someone else using your
password or customer account. You may not use anyone else's password
or customer account at any time. You may not attempt to gain
unauthorized access to the Site. Should you attempt to do so, assist
others in making such attempts, or distributing instructions,
software or tools for that purpose, then your customer My Account
will be terminated. You agree to provide us with accurate, current
and complete information about yourself and your billing information
as prompted by the registration process. You may update any of your
My Account information, designate a different credit card to be
billed, or change the applicable expiration date on your currently
designated credit card, by clicking on the My Account button and
selecting the appropriate link. You may not use any automatic
device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy, probe, test or
monitor any portion of the Site or any Content, or in any way
reproduce or circumvent the navigational structure or presentation
of the Site or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely
made available through the Site. You agree that you will not take
any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the Site or any of the systems or
networks comprising or connected to the Site. |
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You also agree that Oxyvita may, in
its sole discretion and without prior notice to you, terminate your
access to the Site and your My Account for any reason, including
without limitation: (1) attempts to gain unauthorized access to the
Site or assistance to others' attempting to do so, (2) overcoming
software security features limiting use of or protecting any
Content, (3) discontinuance or material modification of the Site or
any service offered on or through the Site, (4) violations of this
Terms of Use, (5) failure to pay for purchases, (6) suspected or
actual copyright infringement, (7) unexpected operational
difficulties, or (8) requests by law enforcement or other government
agencies. You agree that Oxyvita will not be liable to you or to any
third party for termination of your access to the Site.
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3. |
Consent To
Collection, Use & Disclosure of Your Personal Information. .
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As more fully described in our
Privacy Policy, you must disclose certain Personally Identifiable
Information to use our Site, register, and make purchases. As a
condition of registering with our Site or making any purchases of
any products and/or services or conduct any transactions, you
represent that you have first read our Privacy Policy and consent to
the collection, use and disclosure of your Personally Identifiable
Information and Non-Personally Identifiable Information as described
in our Privacy Policy. Our Privacy Policy's terms and conditions
will change from time to time, and as a condition of browsing the
Site, using any features or making any purchase, you agree that you
will first review our Privacy Policy prior to making any initial or
subsequent purchases. |
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While Oxyvita takes reasonable steps
to safeguard and to prevent unauthorized access to your personal
information, we cannot be responsible for the acts of those who gain
unauthorized access, and we make no warranty, express, implied, or
otherwise, that we will prevent unauthorized access to your private
information. In no event shall Oxyvita or its affiliates be liable
for any damages (whether consequential, direct, incidental,
indirect, punitive, special or otherwise) arising out of, or in any
way connected with, a third party's unauthorized access to your
personal information, regardless of whether such damages are based
on contract, strict liability, tort or other theories of liability,
and also regardless of whether was given actual or constructive
notice that damages were possible. |
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4. |
Consent To Our
Communication With You By E-Mail. |
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By establishing a My Account with us,
and each time you make a purchase through our Site, you grant
permission for Oxyvita to contact you at your e-mail address. To
stop receiving our marketing emails, send an e-mail to us at sales@karaokedown-loads.net
or follow the opt-out procedures set forth in such marketing emails
or update your account information. |
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5. |
Digital
Downloads. |
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Prohibited Uses of Digital Downloads.
You may not reverse engineer, decompile, dissassemble, modify or
disable any copy protection or use limitation systems associated
with any of the Digital Downloads. You may not play and then
redigitize any of the Digital Downloads, or upload those Digital
Downloads to the Internet. You may not create any "derivative works"
by altering any of the Digital Downloads. You may not use the
Digital Downloads in conjunction with any other third-party content
(e.g, to provide sound for a film). You may not exploit any Digital
Download for any commercial purposes (including the sale of bundled
Digital Downloads transferred onto Approved Electronic Devices). You
further agree to indemnify and hold harmless Oxyvita for your
failure to comply with this section. |
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6. |
Conditions of
Sale and Payment Terms. |
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To purchase any goods and/or services
on our Site, you must (a) be at least eighteen (18) years of age or
the applicable state age of majority, (b) be a natural person (no
corporations, partnerships or other legal entities). Prior to the
purchase of any goods or services on our Site, you must provide us
with a valid credit card number and associated payment information
including all of the following: (i) your name as it appears on the
card, (ii) your credit card number, (iii) the credit card type, (iv)
the date of expiration and (v) any activation numbers or codes
needed to charge your card. By submitting that information to us,
you hereby agree that you authorize us to charge your card at our
convenience but within thirty (30) days of credit card
authorization. All sales of products and services are final. All
charges from those sales are nonrefundable. |
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7. |
Methods of
Payment, Credit Card Terms and Taxes. |
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All payments must be made by the
sites accepted forms of payment. Unless expressly set forth on the
Karaoke-Downloads.net site, we do not accept any other payment form.
If we offer or accept any other form of payment, you hereby agree to
all restrictions, terms and conditions associated with such
additional form of payment. Your card issuer agreement governs your
use of your designated card, and you must refer to that agreement
and not this Terms of Use to determine your rights and liabilities
as a cardholder. You, and not Oxyvita, are responsible for paying
any unauthorized amounts billed to your credit card by a third
party. You agree to pay all fees and charges incurred in connection
with your purchases (including any applicable taxes) at the rates in
effect when the charges were incurred. Unless you notify Oxyvita of
any discrepancies within sixty (60) days after they first appear on
your credit card statement, you agree that they will be deemed
accepted by you for all purposes. If Oxyvita does not receive
payment from your credit card issuer or its agent, you agree to pay
all amounts due upon demand by Oxyvita or its agents. You are
responsible for paying any governmental taxes imposed on your
purchases, including, but not limited to, sales, use or value-added
taxes. |
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8. |
Order Acceptance
Policy |
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Your receipt of an electronic or
other form of order confirmation does not signify our acceptance of
your order, nor does it constitute confirmation of our offer to
sell. Oxyvita reserves the right at any time after receipt of your
order to accept or decline your order for any reason. Oxyvita
further reserves the right any time after receipt of your order,
without prior notice to you, to supply less than the quantity you
ordered of any item. Your order will be deemed accepted by Oxyvita
upon shipment of products or performance of services that you have
ordered, or upon the completion of the license and delivery of a
Digital Download, as indicated by our servers. Title to goods passes
to you upon delivery to the common carrier. We may require
additional verifications or information before accepting any order.
Oxyvita is a reseller to end users and does not accept orders from
resellers, exporters, wholesalers, any businesses of any kind or
other customers who intend to resell. |
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9. |
No Responsibility
To Sell Mispriced Products Or Services. |
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Oxyvita shall have the right to
refuse or cancel any orders placed for products and/or services
listed at an incorrect price, rebate or refund, or containing any
other incorrect information or typographical errors. Oxyvita shall
have the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order
is canceled, Oxyvita shall immediately issue a credit to your credit
card account in the amount of the charge. |
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10. |
Indemnification. |
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You agree to indemnify and hold
harmless Oxyvita and its parents, sister companies, subsidiaries,
affiliates, service providers, other End Users, distributors,
licensors, officers, directors and employees from any claim or
demand, including reasonable legal fees, made by any third party
arising out of or related to your violation of this Terms of Use, or
your violation of any law, regulation or third-party right.
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11. |
Disclaimer of
Warranties. |
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The site, products, services,
content, digital downloads, software, artwork, data, and information
are provided "as is." all of Oxyvita products are guaranteed against
material defects for thirty (30) days from the date of invoice.
Except as expressly stated herein, expressly disclaims all
warranties and/or conditions, express or implied, as to any matter
whatsoever relating to or referenced by the site, including, but not
limited to, the implied warranties and/or conditions of
merchantability or quality of data and fitness for a particular
purpose, suitability, title, non-infringement, lack of viruses or
correspondence to description. |
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12. |
Limitation Of
Liability. |
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The entire risk arising out of the
use of the site, the use of any products and/or services offered on
or in connection with the site, and/or the use of any content and/or
digital downloads remains with you. In no event shall Oxyvita or its
licensors or any of their officers, directors, employees, agents or
affiliates be liable for any consequential, incidental, direct,
indirect, special, punitive, or other damages whatsoever (including,
without limitation, damages for loss of business profits, business
interruption, loss of business information, or other pecuniary loss)
arising out of this terms of use or the use of or inability to use
any products, services, content and/or digital downloads, with the
delay or inability to use the site or related services, the
provision of or failure to provide products or services, or for any
information, software, products, services and content obtained
through the site, or otherwise arising out of the use of the site
whether based on contract, tort, negligence, strict liability or
otherwise even if site has been advised of the possibility of such
damages. Notwithstanding anything else in this terms of use or
posted on the site, the maximum liability that site have is limited
to any amounts actually paid to the site by end user. Order
information such as billing or shipping address that is inaccurate
or incomplete may result in delays that shall not be the
responsibility of the site. You acknowledge and agree that the
limitations of liability, disclaimers of warranties and limited
remedies set forth herein represent an inseparable allocation of
risk (including, without limitation, in the event of a total and
fundamental breach of this terms of use) that is an essential basis
of the bargain between the parties. |
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13. |
Policy to
Terminate Privileges for Copyright Infringement. |
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Oxyvita will terminate the account of
any customer, or vendor who uses his or her privileges to unlawfully
transmit copyrighted material without a license, valid defense or
fair use privilege to do so. After proper notification by the
copyright holder or its agent to the Oxyvita and later confirmation
through court order or an admission by the customer that an account
has been an instrument of unlawful infringement, Oxyvita will
terminate the infringing customer's account. Oxyvita may also in its
sole discretion decide to terminate a customer's account privileges
prior to that time if it has good belief that infringement has in
fact occurred. |
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14. |
General. |
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No waiver by Oxyvita of any breach of
the Terms Of Use by the Buyer shall be considered as a waiver of any
subsequent breach of the same or any other provision. |
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If any provision of these Terms Of
Use held by any competent authority to be invalid or unenforceable
in whole or in part the validity of the other provisions of these
Conditions and the remainder of the provision in questions shall not
be affected thereby. |
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The Terms Of Use shall be governed by
the laws of England and be subject to the exclusive jurisdiction of
the English Courts. |
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Nothing in these Terms of Use is
intended to confer any benefit on a third party whether under the
Contracts (Rights of Third Parties) Act 1998 or otherwise. |
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