Terms of use

Terms of Use
THESE ARE THE APPLICABLE TERMS RELATING TO YOUR USAGE OF THIS SITE. AGREEMENT WITH THE TERMS SET FORTH BELOW SHALL BE INFERRED BY YOUR ENTRY INTO THE SITE.

AGE REQUIREMENTS. YOU MUST BE AT LEAST 18 YEARS OF AGE TO LEGALLY CONTRACT.

* BY ENTERING INTO THIS AGREEMENT YOU WARRANT THAT YOU ARE 18 YEARS OF AGE.

* HOWEVER IF YOU ARE OVER 13 AND BELOW 18 THEN YOU CAN ENTER THE SITE PROVIDED THAT YOUR PARENT OF GUARDIAN AGREES TO THESE TERMS ON YOUR BEHALF BY CLICKING THE RELEVANT BOX. BY DOING SO THEY AGREE TO BE ACCOUNTABLE FOR YOUR USAGE, INCLUDING WITHOUT LIMIATION PAYMENT OF

YOUR CHARGES INCURRED IN USING THE SERVICE

VARIATIONS . YOU ACKNOWLEDGE THAT AARDVARK RESERVES THE RIGHT TO MAKE VARIATIONS OR MODIFICATIONS TO THESE TERMS AT ANY TIME AT ITS SOLE DISCRETION AND IT IS YOUR RESPONSIBILTY TO CHECK THESE TERMS PERIODICALLY FOR SUCH VARIATIONS. PLEASE READ THESE TERMS CAREFULLY. YOUR ONLY REMEDY IS TO STOP USING THE DOWNLOAD SERVICE

THE DOWNLOAD SERVICE

Description . This download service (hereinafter referred to as the “Service”) is available to members for them to enter the Aardvark.co.uk siite (“the Site”) to acquire downloads of digital content including without limitation sound recordings, audio-visual material, software and data files in the following formats MP3 files, polyphonic ringtones and realtones (“the Content“), SUBJECT ALWAYS to the terms and conditions as set forth in this Agreement.

Whilst a member;-

* you will be entitled to download an unlimited quantity of polyphonic ringtones and realtones.

* you can download recordings as MP3 files (a “Purchased Track”).

A Purchased Track is a recording that you can download and keep permanently

* you can have access to the main content of the site (non members have a limited right of preview of it).

Use of Service.

* You acknowledge that the Content is protected by intellectual property rights and agree that you will only use the Content in accordance with the provisions of this agreement

* You will not permit any of the Content acquired by you to be reproduced, modified, or publicly performed other than in accordance with this agreement.

* The Content is for your own personal use, and not for commercial use and may only be stored for non-commercial purposes. You agree that you will not make the Content available on illegal peer to peer sites

* Burning, exportation and copying of Content is permitted by you, but it shall not be deemed to be a waiver, or in anyway restrict or otherwise limit the rights of the copyright owners, including without limitation the respective owners of the underlying publishing in the sound recordings.

* You agree that you will not attempt (either alone or with others) to circumvent the navigational structure of the Site, or otherwise tamper with the Content and if Aardvark become aware of any such activity they reserve the right to ban you from the Service

* You agree that you will not use the Service or the Content for any illegal activity or for any purpose that infringes the rights of Aardvark or any third parties

* You will not take any action that imposes a disproportionate strain on the Site

* You are responsible for ensuring that you have compatible software to use the Service. Aardvark accept no liability in relation to this

* You must set your mobile phone to receive text messages. To receive ringtones or realtones you must ensure that you are using a supported mobile phone for any Ringtones that you want to download, you can test the compatibility of your phone by following the instructions given

* You accept that some of the Content may contain lyrics that may be explicit, or may be otherwise potentially offensive and you agree that you will not hold Aardvark liable in relation to that for any losses whatsoever

REGISTRATION

Information. To use the Service download MP3’s you must first register and provide us with some personal information (the “Information”). You warrant that the Information is full complete and accurate and you agree to notify us of any changes that occur to the Information. If you fail to comply then Aardvark reserve the right to deny you access to the Service. You agree that Aardvark shall be entitled to use the Information to notify you of promotional activity that may be of interest to you, but is it is not part of Aardvark’s privacy policy to disclose the Information to third parties.

Your Account. You must set up an account with Aardvark to use the Service. You will receive a password and are responsible for keeping that confidential and must not disclose it to anyone else.

* You must not use anyone else’s account not allow anyone to use yours and must inform Aardvark of any unautorised use of your password or account

* Aardvark shall not be responsible for any losses caused by the improper use of your password or account and you agree to indemnify Aardvark in relation to such usage

* You may be liable for any losses incurred by Aardvark or other users of the Service due to someone else using your name and password or account in breach of these obligations

CHARGES/BILLING

Payment. You agree to pay for the Content downloaded at the stated price by one of the following payment methods.

* MasterCard,
* Visa,
* Visa Delta Switch
* Solo debit cards
* Paypal
* Reverse SMS

* Membership of the Service is by subscription at a cost of £4.50 per week (including VAT).

* Each Purchased Track costs £1.50 (including VAT).

All fees will be billed in accordance with the method you designate during the registration and purchase process.

Aardvark will get prior authorisation for the transaction and billing should occur at, or shortly after the time of purchase. Aardvark may in its discretion post charges to you individually, or in aggregate. If your billing details change then you should notify Aardvark immediately.

Aardvark reserves the right to make changes to the prices at any time.

There is no right of cancellation or refund once a download has occurred.

Prices are inclusive of vat or other applicable sales tax. Aardvark will not charge vat in territories where it is not payable. No tax exemptions are applicable for use of the Service

Copyright . Aardvark (and it’s licensors) are the owner of the copyright in the Content and your usage is strictly in accordance with this agreement. You agree to observe the applicable copyright laws and to ensure that the copyright marks are preserved and are not tampered with.

Aardvark and its licensors are the owners of the copyright in the Site including without limitation, the trade marks, visual interfaces, artistic images (including photographs), music and computer code. You agree not to infringe these rights in any way and only to access the Content by legitimate means through the Service. If you breach this provision then you may be subject to both civil and criminal penalties. If Aardvark suspects that you are in breach then you may be barred from the Service.

Access to the whole or part of the Content may be suspend or denied by Aardvark in its absolute discretion without nonfiction to you.

LINKED SITES

Aardvark may incorporate links to third party websites. However Aardvark cannot be held liable for the actions of the third party sites, or any of their content. The onus of responsibility is with you when you use these sites and Aardvark excludes liability for any losses so caused.

TERMINATION

Aardvark may terminate your account at any time without notice to you if:-

* You are in breach, or if Aardvark reasonably suspects that you are in breach of any provisions of this agreement
* Failure to make payment when due
* Failure to provide accurate Information or to update it

If termination occurs then Aardvark shall have no liability to refund you any amounts that have been paid and you will remain liable for any liabilities due to Aardvark in relation to use of the Service

JURISDICTION/RELEVANT LAW

Aardvark are a company registered in England and Wales and consequently this agreement shall be governed by the laws of the England and Wales and the High Court in London shall have exclusive jurisdiction.

LIABILITY LITIMATIONS

* Use of the Service is at your sole risk. The service is provided “as is” and without any warranty from Aardvark, its employees, suppliers, licensors, or other business partners whether express or implied by law. This does not affect your statutory rights

* Aardvark cannot accept any liability in relation to any loss caused to you by through viruses, hacking, corruption, or other interference

* No oral information given by anyone purportedly on behalf of Aardvark shall in any way create a warranty
* It is your responsibility to ensure that any particular device is compatible with the Service and you should make your own inquiries

* No liability is accepted in relation to consequential damages for loss of profits, interruption to your business or alike

INDEMNITY

You agree to indemnify and hold Aardvark, its officers, directors, shareholders, employees, licensors harmless from any demands, losses, claims or expenses (including solicitor’s fees) as a result of your use of the Service

NOTICES

Notices from Aardvark shall be sent by email to the email address given in the Information or by letter to the postal address given. Notices by Aardvark shall be by registered post to their address at 75 Alderwood Parc, Penryn, Cornwall TR10 8RL, UNITED KINGDOM

PRIVACY POLICY

Introduction

Aardvark takes the confidentiality of personal data seriously. Please contact Aardvark Data Protection Compliance Officer on (01326) 376 707 if you have any comments on this privacy policy.

Aardvark's privacy policy sets out the ways the company processes personal data. Any personal data collected by Aardvark (or its agents) is used in accordance with data protection legislation.

The Data Protection Act 1998

Aardvark complies with the principles of the Data Protection Act 1998, and aims to maintain consistently high levels of best practice in its processing of personal data.

Personal information provided to Aardvark will be used for the purposes outlined at the time of collection. In addition, personal information may be used for statistical analysis.

Personal data will be collected and processed by Aardvark for the following purposes:

* to provide services
* administration
* marketing, advertising and promotions
* notification of events, newsletters and payment information

Through each communication from Aardvark it is possible to opt-out of receiving further messages. Processing personal data for the above purposes may entail sharing the information with employees, contractors, agents and professional advisors servicing Aardvark. However, written agreements exist between Aardvark and such parties that there must be no disclosure or further processing of such personal data.

Consent

By providing personal data to Aardvark you give your consent to the processing of such data by Aardvark as described in this privacy policy.

Your rights

You have the right to ask Aardvark for a copy of the personal data held about you and to request that the firm correct any inaccuracies in that information.

Use of your information for Direct Marketing

At each point of data collection, you will be given the opportunity to opt-out of receiving future direct marketing material from Aardvark. If you do not opt-out of such communications, the firm may provide information on appropriate services, or new additions and content to the site.

As a matter of best practice, Aardvark aims to maintain the quality of the personal data it gathers and will store your personal information securely for as long a period as you wish. If at any time you want Aardvark to stop sending such communications or if you wish to verify, update or amend your personal information then please mail your request to: andy.aardvark@hotmail.co.uk

Or contact us by post at the following address:

Database Team
Aardvark Records
75 Alderwood Parc
Penryn
Cornwall
TR10 8RL

The use of cookies on aardvarkrecords.co.uk

A "cookie" is a small text file that is put by a website on a user's computer hard drive. Internet browsers normally accept cookies by default; however, it is possible to set a browser to reject cookies. If your browser is set up to reject the firms cookie you may still use the website.

Cookies are often used to tell the website a user is registered and to personalise the user's visit to the website however a number of functions will not work without them.

Hyperlinks to third party websites

Aardvark privacy policy applies solely to the personal data collected through the firms marketing activities. Whilst offering links to third party websites Aardvark is unable to accept any responsibility for the content of these sites or their management of your personal data, we advise that you take note of each sites privacy policy as a precaution.

Security

Aardvark holds your personal data in accordance with the security provisions of the Data Protection legislation.

E-mail: andy.aardvark@hotmail.co.uk