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FactorQ - multimedia and its site (factorq.co.uk) will be reffered to as ( FactorQ - multimedia factorq.co.uk us and we )
1. FactorQ - multimedia service
(a) FactorQ - multimedia provides service of digital downloads. FactorQ - multimedia users may create and purchase any download available for their own personal use only, or sell their digital downloads on the FactorQ - multimedia site.User who sign up as an artist may sell their downloads when having agreed to the Terms and Conditions found on Artist signup page.
(b) When a purchase is made through factorq.co.uk website you agree with our TOS in section (5)
2: Use of FactorQ - multimedia site (factorq.co.uk) and services
(a) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the FactorQ - multimedia Service and the Site.
(b) Eligibility. FactorQ - multimedia will only knowingly provide the FactorQ - multimedia Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the FactorQ - multimedia Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The FactorQ - multimedia Service is not intended for children under the age of 13.
3. Submissions. When you submit questions, comments, suggestions, ideas, material submitted via web forms, contest entries, communications, email addresses or any other information ( Submissions ), you grant FactorQ - multimedia permission to use such submissions for marketing and other promotional purposes. You agree that FactorQ - multimedia will have no obligation to keep any Submissions confidential and you will not bring a claim against FactorQ - multimedia based on moral rights or the like arising from FactorQ - multimedia use of a Submission.
4: Rule for using the FactorQ - multimedia site (factorq.co.uk)
(a) Prohibited Use. Except as may be expressly permitted by FactorQ - multimedia, you may not: (i) interfere with the FactorQ - multimedia Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the FactorQ - multimedia Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet search engine , hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the FactorQ - multimedia Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain FactorQ - multimedia name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the FactorQ - multimedia Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
(b) you must agree with and comply with all of the TOS in our terms and conditions.
(c) If you are signed up as an artist and intend on selling digital downloads on factorq.co.uk then you must agree with and comply with our Terms and Conditions which can be found on Artist signup page.
5. When purchasing digital downloads from the factorq.co.uk website you comply with our TOS and the following factors:
(a) FactorQ - multimedia will not be held liable for any loss you may have, including loss of quality. All our digital downloads that are for sale
are sampled with a sample sound on every artists profile page. In very rare cases the sound you hear on the sample player may differ from that of the actual download, and in such case FactorQ - Multimedia will not be held liable for, however, shall this happen, you will contact us and let us know immediatley and we will try to correct the problem within two weeks of you informing us if we are able to do so, shall such erros be unable to be corrected FactorQ - multimedia holds the right to refuse a refund, and holds no liabilitys, it is a case where the buyer must take action and hold the artists selling that sound responsible.
(b) When purcashing a digital download you agree that all purchases made can and may take up to 72 hours to be available for you to access. In cases where it may take longer for you to access your download FactorQ - multimedia will not be held liable and you must inform us immeditaley if it has been longer than 72 hours.
6: Disclaimers, Exclusions, and Limitations.
(a) FACTORQ - MULTIMEDIA WILL IN NO WAY BE LIABLE FOR AN ERROS MADE TO SONG NAMES, SONG UPLOADS OR ARTISTS NAMES UPLOADED TO THE FACTORQ.CO.UK WEBSITE. FACTORQ - MULTIMEDIA WILL NOT BE HELD RESPONSIBLE FOR ERRORS MADE WHERE AS A SONG OR TWO WITH SIMILARITES MAY ACCIDENTLY BE PLACED FOR SALE AN ANOTHER PROFILE PAGE OTHER THAN THAT OF THE USER SUBMITTING.
(b) DISCLAIMER OF WARRANTIES. FACTORQ - MULTIMEDIA DOES NOT REPRESENT OR WARRANT THAT THE SITE, FACTORQ - MULTIMEDIA SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. FactorQ - multimedia MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(c) EXCLUSION OF LOSS OR DAMAGES. FactorQ - multimedia WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE FactorQ - multimedia SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY FactorQ - multimedia TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) £100.
7. Dispute Resolution.
(a) All disputes arising out of, relating to or connected with these TOS or your use of any part of the FactorQ - multimedia Service will be exclusively resolved in cofidentiality and made via web, email . Shall you make a claim against FactorQ - multimedia which is discussed in our TOS FactorQ - multimedia has the right to refuse your claim, whether by you or any third party, and by using the factorq.co.uk site you are bound by these TOS.
(b) Shall you wish to sue FactorQ - multimedia for any theft of copyrights, similarities in songs, wrong ownership or name of the song or artist, images, or any more regarding copyright in any way, then FactorQ - multimedia is not held liable for this, all disputes will be taken with the sole person uploading that song, or image. FactorQ - multimedia only takes email information for our sellers, shall such cases arise with copyright infringment, or you feel that a seller has something for sale of which does not belong to that person, then FactorQ - multimedia will forward that information to the person wishing to claim against that artists.
(c) Shall you still wish to make a claim or sue FactorQ - multimedia in a court of law this will happen in a coutr of law in England and according with the British laws. The claiment sueing or making a claim against FactorQ - multimedia will pay all expenses including lawyers fees, court fees and travel expenses and any other expense that may occour during this claim. FactorQ - multimedia will also choose the lawyer, location and court of choice.
8. Termination.
(a) Termination. FactorQ - multimedia may suspend or terminate your use of the Site or FactorQ - multimedia Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
(b) Survival. These TOS will survive indefinitely unless and until FactorQ - multimedia chooses to add, change or terminate them.
(c) Effect of Termination. If you or FactorQ - multimedia terminates your use of the Site or the FactorQ - multimedia Service,
FactorQ - multimedia may delete any Submissions or other materials relating to your use of the FactorQ - multimedia Service on FactorQ - multimedia servers or otherwise in its possession and FactorQ - multimedia will have no liability to you or any third party for doing so. |
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