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Terms & Conditions

Terms & Conditions

The Dark Escapes Music Store, www.darkescapesmusic.com is owned and operated by the Dark Escapes Music Pty Ltd, Australia (DEM).

By accessing and/or contributing to this website, you agree to the following terms and conditions. Please check these terms and conditions from time to time as the DEM may change them at any time without notice by placing the new terms and conditions on this website. Your continued use of the website will represent your agreement to be bound by the terms and conditions as amended.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Dark Escapes Music Store, for example the DEM Privacy policy and the DEM Refund and return policy.

Disclaimer

DEM excludes any liability (however caused, including through negligence) arising directly or indirectly from your use of the Dark Escapes Music Store, or any linked website, to the maximum extent permitted by law. Where DEM’s liability cannot be excluded, its liability is limited at DEM’s option to: repairing, re-supplying, replacing or paying the re-supply or replacement cost for the goods or services in respect of which DEM’s liability arose.

DEM provides the information published on the Dark Escapes Music Store in good faith. However, the information is provided ‘as is’ and you should check the information before relying upon it. The material on the Dark Escapes Music Store is general and for information purposes only and should not be relied upon. DEM makes no representations or warranties as to the suitability of the material on this website for any purpose. Your use of any content or services accessed through this website is at your own risk.

DEM is not liable for any lack of availability, errors or virus associated with this website and makes no promise that the website will operate error free or uninterrupted.

DEM may change, amend or remove any of the services offered on the Dark Escapes Music Store at any time without notice.

The opinions expressed on the Dark Escapes Music Store are those of the individual contributors and are not necessarily shared by DEM.

Copyright

The material on the Dark Escapes Music Store (including text, graphics, logos, icons, photos, sheet music, sound recordings, videos and software) is protected by copyright. DEM owns, or has a licence to use, the copyright for the material on the Dark Escapes Music Store. Except with the prior written consent of DEM, you may only use material on the Dark Escapes Music Store for your own personal use. You may print out or save electronically a copy of material from this website but must not otherwise use, copy, reproduce, publish, store in a retrieval system, alter or transmit in any form or by any means in whole or part any of this material without the prior written approval of DEM.

External links

The Dark Escapes Music Store includes links to other websites. Those links are provided for convenience only and may not remain current or be maintained.

DEM’s links with linked websites should not be construed as an endorsement, approval or recommendation by DEM of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

DEM has no responsibility for the material, actions and privacy policies of these websites and you access them at your own risk.

DEM members and registered users

Access to selected materials on the Dark Escapes Music Store is limited to members of DEM. To access ‘members only’ material a member must also be a registered user.

To participate in discussion forums, competitions and other interactive elements of the website where applicable you do not need to be a member of DEM but you must be a registered user and must register as an individual, not as an organisation.

To create a FREE account as a registered user, you must supply your full name, email address and other personal information. You agree that the information you provide will be true and accurate and that you will not share your username and password with anyone.

For information on how DEM manages your personal information see the DEM Privacy policy.

By becoming a registered user you will automatically be sent a monthly Mail out alerting you to new content on the Dark Escapes Music Store. You can choose to stop receiving the Mail Outs at any time.

DEM can discontinue, cancel, bar or amend any account of a registered user in its absolute discretion without the need to give reasons or notice. You are likely to have your account cancelled if you breach any of these terms and conditions.

Indemnity

You must not use the Dark Escapes Music Store for any activities which breach any laws, infringe a third party’s rights, or are contrary to any relevant standards or codes (this includes without limitation that you will not harass, threaten or defame people through your use of the Dark Escapes Music Store). You agree to indemnify and hold harmless DEM against any damage it suffers as a result of your breach of these terms and conditions.

By contributing material to this website, uploading information to discussion forums or otherwise providing material for publication on this website you indemnify and hold harmless DEM against all liability arising from or in consequence of the material that you have supplied, including without limitation any liability resulting from your failure to procure the necessary copyright permission to reproduce the material.

Submissions of material and other information

DEM reserves the right to make changes to any material uploaded to the website or otherwise submitted for publication. DEM may delete any of the information from the website at any time. Information supplied for the calendar, news and articles may be published and widely distributed and by contributing any material the user consents to the information being published by DEM and any third party for any purpose.

By contributing material to this website you agree to grant DEM a non-exclusive unlimited licence to reproduce the material in any form in perpetuity and you acknowledge that any information or material submitted by you to the website is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction.

You agree not to post or transmit any unsolicited advertising or promotional materials within the discussion forum on this website, and you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

Refunds

DEM will not provide a refund for the purchase of digital objects (i.e. MP3, FLAC, eScore, eBook etc.); or the delivery of physical items (i.e. the parcel) if ‘lost’ by Australia Post once payment has been received. For more options, see our Refund and return policy for more information.

General

These terms and conditions are governed by the laws of New South Wales. If any term or condition is invalid it will be deemed to be struck out and the remaining provisions will continue in force. Failure by DEM to act upon a breach of these terms does not constitute a waiver of DEM’s rights.

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Dark Escapes Music is an Australian owned company providing artists around the world with the opportunity to distribute and monetise their music globally.

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