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.

Please note that the rights of Heavenly Media Services Ltd. remain strictly reserved and nothing in this document should be construed as a waiver of any such rights.

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