Shop Omkarmusic - Standard Terms and Conditions of Business

1. INTRODUCTION

1.1 This web site shop.omkarmusic.com (the "Site") is an online music shop which allows you to listen to samples of music tracks and buy digital sound recordings (to include CD burning and transfers to appropriate portable devices) and related digital content. You are responsible for any hardware, systems and/or software programmes you use and any related costs incurred by you to connect to or use the Internet.

1.2 You should read these terms and conditions carefully before using this Site. By browsing and/or registering for the services provided by this Site (the Services) you are agreeing to be bound by these terms and conditions set out below (Terms and Conditions of Sale). Please note that the Site and the Terms and Conditions of Sale may from time to time be revised and any changes will be posted on and included in the then last update of the Site and the Terms
and Conditions of Sale. It is your responsibility to review the Site and Terms and Conditions of Sale each time you access this Site, to ensure that you agree with them. If you continue to use the Site or the Services after such an amendment has been made you will be deemed to have accepted such amendments and will be bound by them.

1.3 Shop Omkarmusic maintains this Site on behalf of omkarmusic.com for the personal, non-commercial access by and use of individuals (which terms does not include, for the avoidance of doubt, any access or use of this Site, or of any of the content of, information and materials on it, by automated means) by persons who are lawfully permitted to use this Site.

2. TERMINATION OF ACCESS TO SITE

2.1 The shop reserves the right, at exclusive option, to restrict or terminate your access to and/or the availability of this Site or the services contained thereon or any feature or part thereof at any time, with or without notice.

3. INTELLECTUAL PROPERTY

3.1 All the content of, information and materials visible or readable in whatever form on the Site and underlying software, including trade mark, logos, design, text, images, audio and video materials, clips and graphics, are owned by, or licensed to us and/or our associates. You may download and burn materials contained on this Site to a single personal computer provided that the following four conditions are met:-

(a) the material is solely for non-commercial and personal use;

(b) you do not remove or amend any trade mark, copyright or other proprietary notice from the material;

(c) the material is not altered in any manner;

(d) you are located in a country or other territory where the access of and use of this Site is lawfully permitted.

3.2 Except as stated above, you may not modify, copy, print, distribute, republish, display, reproduce, transmit or otherwise use any of the content of, information and materials on this Site and underlying software and nothing contained on and/or in this Site shall grant, whether by implication, estoppels, or otherwise, any license or right to you to use any of the content of, information and materials on of this Site and underlying software, without our prior express and written consent. No intellectual property or other rights shall be transferred to you.

3.3 You will not disrupt or interfere with the Services provided on the Site or alter the Site itself and/or any of the contents of, information and materials on this Site.

4. EXCLUSION OF AND LIMITATION OF LIABILITY

4.1 Although we have taken reasonable care to ensure that all of the content of, information and materials on this site is accurate, your use of this site and the Services is at your sole risk. The Site and the Services and all of the content of, information and materials on it are provided "as is" and without representations or warranties of any kind, whether express or implied, including but not limited to the implied representations or warranties of merchantability, non-infringement of third party rights, and quality and/or fitness for a particular purpose, availability, accessibility and representations or any warranties that access to or use of this site and/or of the content of, information and materials on it will be uninterrupted or error-free, that the Site and/or the content of, information and materials on it will be secure or free of viruses or other harmful material or elements, or that any of the content of, information and materials on this site will be complete, accurate, timely or complete

4.2 Where we provide links to other web sites, we do so for information purposes only and solely for your convenience, we have no control over, are not and shall not be responsible for any such site and/or the content of, information and materials on any such linked web site or any part of it. We do not endorse any content, information, materials, products or services on any such linked web site, we have not reviewed any or all of the same and we do not necessarily support or approve any views or opinions expressed on such sites. You use such links entirely at your own risk. Your accessing, viewing, browsing and/or use of any such other web site and/or any of the content of, information and materials on it is conducted entirely at your own risk.

4.3 To the fullest extent permitted under applicable law, neither we nor our affiliates, including without limitation all their officers, directors, employees, and agents, shall be liable to you for any losses or damages whatsoever (including without limitation direct, indirect, incidental, special, consequential and punitive damages, lost profits, and damages resulting from lost data or business interruption or other losses or damage of whatever kind) arising from or relating to your access of, the use of or inability to access or use the Site and/or the content of, information and materials on it or the Services or your reliance on any of the same or any hypertext link to another web site or your access of or use of any of the content of, information and materials on or contained in or accessed through such other web site, whether based on warranty, contract, tort, or any other legal theory, regardless of whether or not we or any of our affiliates has been negligent or has been advised of the possibility of such damages.

5. INDEMNITY

5.1 You agree to defend, indemnify and hold harmless (and shall continue to indemnify and hold harmless), on demand, us and our affiliates (including, without limitation, all their officers, directors, employees and agents) from and against any damages and/or losses, and/or any claim and/or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to your access, browsing or use of this Site, content which you transmit to this Site or your violation of any rights of another, which arises by and/or pursuant to your breach of the Terms and Conditions of Sale.

5.2 Should we at our sole discretion, determine that you have breached the Terms and Conditions of Sale, then nothing herein shall prevent or in any way restrict our right to pursue any of its legal and/or other remedies, including, without limitation, court action.

6. PERSONAL DETAILS/REGISTRATION

6.1 We are committed to protecting your privacy, and will not use any information which we collect about you in the course of, or in relation to, your access or use of this Site otherwise than in accordance with the Privacy Policy. We recommend that you view the Privacy Policy for full details of its treatment of your information. By accessing and using this Site and submitting information to us you agree to us using that information in accordance with the Privacy Policy.

6.2 To utilise the services contained on the Site it is necessary to register with us and provide us with certain information. You agree to provide accurate registration data to us and to regularly update such data as and when necessary.

7. PAYMENTS

7.1 You agree to pay for all tracks, albums and other materials purchased through the Site. Currently we provide payments via paypal. Thus enables our customers to deposit money on paypal from a bank account or to provide paypal with credit card informations in order to do online purchases. Thus allows us to accept paypal payments including payments via credit card. Further informations to be found at paypal. All transactions will be handled directly between our site and your paypal account, so never give your paypal account details to Shop Omkarmusic or any mail request. You are responsible for keeping paypal account datas secret and to protect the account.  

7.2 We may change the price of products available on the Site and whilst we endeavour to ensure that all prices on the Site are accurate, errors may from time to time occur and any order made by you will be treated as cancelled where the price is incorrectly listed on the Site unless you confirm you wish to proceed once informed by us of the correct price of the product.

7.3 You agree that any submissions you make for electronic purchases constitute your agreement to comply with the terms of and to pay for such purchases.

7.4 All prices include VAT (where applicable) at the current rates.

7.5 Any electronic products purchased from the Site are not capable of being cancelled or refunded once delivery has taken place.

8. USING THE SERVICES

8.1 Nothing contained in these Terms and Conditions of Sale shall be or shall be deemed to be a grant or waiver (or other limitation) of any rights of any copyright owner in any content, sound recording, musical composition, or artwork contained in any product sold on the Site.

8.2 The purchase by you of products hereunder does not transfer to you any commercial or exploitative rights in connection with such products.

8.3 We reserve the right to alter, modify, add to or change in any other way any provision of the Terms and Conditions of Sale and may, at our absolute discretion, limit or expand the Services available to you from time to time on the Site without giving prior notice to you PRIVIDED THAT any material change is posted on the Site by us within a reasonable period of any such change being introduced.

9. GOVERNING LAW AND JURISDICTION

9.1 These Terms and Conditions of Sale and your access and use of this Site shall be governed by and construed in accordance with German law. By accessing and using this Site you accept that any dispute under these Terms and Conditions of Sale or arising out of access and/or use of this Site shall be subject to the exclusive jurisdiction of the German courts and by accessing and/or using this Site you hereby submit to the jurisdiction of such courts for such purposes.

9.2 You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

© shop.omkarmusic.com 2008

Contact us for any question.