|
Detailed terms and conditions are as follows:
Our Terms and Conditions
1. Use of this site and purchase of our services is governed by the terms and conditions described below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. MediaRipper reserves the right to make modifications to these Terms & Conditions at any time and without notice to users. You accept the obligation to review these Terms & Conditions, and your use of this site constitutes an acceptance to be bound by any modifications.
2. You agree that your use of MediaRipper's CD conversion service is at your own risk and that our advice, assistance or guidance on this site does not constitute the acceptance of any liability. You also agree to provide true, accurate and complete information about yourself and your CDs in the order form, on completion of which requires you read and accept these terms and conditions.
3. Further you also agree that any orders submitted to MediaRipper incorporating any number of 'Copy Protected', non standard (for the purposes of clarification this shall include any CD that does not conform to the open Red Book audio standard), or CDs which are deemed to be unplayable (via damage or compatibility) will not be encoded. In the event of this, you understand that you will be charged for this CD.
4. In addition, MediaRipper nor any of its subsidiaries or affiliates will hold any audio data other than that required for the duration of a CD encode. That is to say that in the case of any loss of shipment, damage to media or music device, MediaRipper shall require the CD collection to be re encoded on its premises. The reader accepts that MediaRipper will not retain or use his/her audio files for any other purpose than that granted.
5. This service is used to transform your own audio materials into a digital format. It is only available for conversion of materials you are authorised or legally permitted to change in format, materials in which you own the relevant copyrights, or non-copyrighted materials. It is your responsibility, not MediaRipper's, to ensure that any material that you convert using MediaRipper does not violate anyone's copyright and that the conversion process does not violate anyone's copyright. You agree to defend and hold MediaRipper harmless from any violation of copyright laws by your use of this service. If you are uncertain about your right to copy, convert or permit access to any material, you should contact your solicitor.
6. You agree not to permit any resulting digital files to be used in a manner which you would not be allowed to use the CD submitted for conversion.
7. If MediaRipper receives a notice alleging that you have engaged in behavior that infringes another's intellectual property rights or reasonably suspects the same, MediaRipper may terminate your order. If MediaRipper suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
8. You agree to indemnify and hold MediaRipper harmless from any claim made against MediaRipper by breach of this agreement and agree to pay any judgment or reasonable settlement offer resulting from any such demand or claim, and to pay any and all legal fees incurred by MediaRipper in defending against such demand or claim.
9. Neither MediaRipper nor any of its officers, directors, affiliates, subsidiaries, suppliers or service providers will be liable for any direct damages, nor shall any adjustment, refund or credit of any kind be made in excess or the lesser of £100.00 or the amount paid to MediaRipper for the conversion services.
10. In no event will MediaRipper or its officers, directors, affiliates, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, inclusion, omission, shipment, misdelivery, non delivery, misinformation, other direct or indirect damages, or failure to provide converted materials, or shipping services to the extent caused by or resulting from:
11. Your acts, defaults or omissions;
Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
Your failure to provide an accurate shipping address or other pertinent information;
Acts, defaults or omissions of any person or entity other than MediaRipper, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation;
Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice;
Our release of shipments without obtaining a signature if a signature release is on file; or
Our provision of advice, assistance or guidance on this site does not constitute acceptance of any liability whatsoever.
At our option, we will either refund or credit the charges you paid for the services (including shipping charges, if applicable) upon your request if we fail to properly provide the services or to properly ship the products, subject to limitations described above. In order to qualify for a refund or credit due to service failure, the following limitations apply: To obtain a refund or credit, at our option, for a service failure, You must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up.
12. In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection. The right to damages against MediaRipper under any cause of action arising from or related to the provision of Services or Products or shipment of any Products shall be extinguished unless an action is brought within one (1) year of the date of order.
13. No contract is formed between you and MediaRipper until MediaRipper exercises the authorization to charge your credit card, and the charge is validated and accepted by your credit card company.
Because this site is viewable internationally, not all products and services mentioned will be available in your country. If you have any questions about international service, email us at email@MediaRipper.com.
14. You agree to indemnify, defend and hold MediaRipper, its officers, directors, employees, shareholders, agents, affiliates. Subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to legal fees) that arise directly or indirectly from; (a) your breach of any provision of this agreement; (b) any allegation that any materials you provide constitute Infringing Materials
15. Said terms and conditions shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England.
Privacy
1. MediaRipper will not hold any detail of the clients audio catalogue in any manner, either in the form of written or electronic means. This shall include the essence of the audio.
2. However, the client understands that MediaRipper may choose to hold the associated metadata pertaining to any recording for its own internal use. The client shall in no way be referred to in any such metadata.
3. Any and all details given in the course of normal business transactions with MediaRipper shall be retained for its own internal use if required and shall at no times be released to any third party without the owners authorization or unless otherwise instructed to by the English Courts.
|
|
