Terms & Conditions for Consumers

www.musiczeit.com is a website owned by Synth Music Direct ("us", "our" or "we").

We also run www.musiczeit.co.uk, www.downloadplatform.com and www.downloadplatform.co.uk. We will refer to all four as "The Site".

The following constitutes a legal agreement between the Consumer ("you") and us with respect to our Website Products and Services. 

The use of any of the products or services offered on The Site are subject to the Terms of Use ("Terms") stated below. We may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.
 

Other Definitions:

Material: All content which incorporates intellectual property which includes but is not limited to recordings in MP3, FLAC or other file format, artist’s photographs, illustrations, logos, artwork  biographies, and/or other written content.
Our Providers: Our agents, employees, consultants, subsidiaries, affiliates, licensors, licensees and/or suppliers.


Content on The Site

All material published on The Site are protected by our copyrights or trademarks or those of the owning artists, labels or companies. Whether a paying Consumer or not, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part without getting written permission from Synth Music Direct first.
 
 
Your use of The Site

Any passwords you use to access any areas of the site to download material must not be revealed to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your password. You agree to immediately notify us of any unauthorized use of your password or accounts or any other breach of security. We shall not be responsible for any losses arising out of the unauthorised use of your user name and/or password and you agree to indemnify and hold harmless us, and/or Our Providers as applicable, for any improper, unauthorised or illegal uses of the same.
 
The technology and the software underlying our sites and the Services is the property of Synth Music Direct. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to any areas of the Site.

Unauthorized access of The Site is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the official interfaces that are provided by Synth Music Direct for use in accessing the Site.

Our download service permits you to purchase material made available by us or Our Providers.

Your purchase order cannot be accepted until payment in full for the download(s) ordered has been received at which time a legally binding agreement on the terms set out herein will become effective.

Due to the nature of The Site and the electronic systems used in the administration of it, you accept that once full payment has been received by us, you will have a period of 28 days within which you may initiate collection of the download(s). Further, once the download routine has been initiated you will be permitted a maximum of 3 download attempts to successfully collect your download(s). If after 2 download attempts you have not been successful in collecting the download it would be a good idea to contact us first before making your 3rd and final attempt. If you fail to collect your download(s) within the 28 day period or fail to retrieve the download(s) successfully within the permissible number of attempts, you accept that we have the absolute right to withdraw from this agreement without any liability of any kind whatsoever to you. In such a situation no refund will be made. For the avoidance of doubt, you agree and accept that the collection of downloads once purchased is your sole responsibility and you agree and accept this.

The price to be paid by you is as set out on the checkout page of the Site and will include (where applicable) VAT and or any other Sales Tax and the credit card processing charges.

You undertake that all the details you provide to us for the purpose of downloading Material are correct and that the credit card or debit card that you propose to use is your own and have authority to use it and that you have sufficient funds to meet the costs of downloads ordered. We will not store your credit card or debit card details anywhere in the Site.

It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you.

It is your responsibility to ensure that you back up any Material you download from the site, off line. We will not accept any responsibility for the loss of any or all of your Material for whatever reason.

We shall be entitled to withdraw from any purchase order made by you if the Material is inaccurately described on the Site or where obvious errors have been made.

It is your obligation to ensure that any Download that you select is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us or Our Providers responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).

Material is uploaded to the Site by us or Our Providers who have total control over their Material and we do not accept any responsibility or liability for the quality and/or content of Material uploaded to the Site. Our providers are bound by terms and conditions which expressly prohibit the uploading of objectionable Material. By using the download service you accept that you may come across Material which may be deemed objectionable and/or of poor quality. Your use of the Download Service is at your sole risk and we shall not be liable to you in respect of any Material. If you do come across any objectionable and/or poor quality material please report it to Synth Music Direct. 

You may only use the Material downloaded for your personal use and no commercial use may be made of it unless written permission has been explicitly granted by the rights owner of that Material. Any copying or burning by you of the Material downloaded without explicit written permission provided by the rights owner for any commercial or non personal use whatsoever will be a breach of copyright and such copying or burning shall not constitute a grant or a waiver by us of any rights held by the copyright owners in relation to such Material or any part of it.

You agree not to attempt or permit or encourage others to attempt to copy or make use of the Material downloaded for any commercial use or in any manner which would constitute an infringement of the rights of the copyright owners. 

The computer (including CD burner, portable device or software) and internet access system operated by you as well as your ability to use the same may affect your ability to access or copy any Material downloaded from this Site. You acknowledge and agree that any system requirements necessary to preview, download, copy and /or play and/or view the Material from our Site are your responsibility.

You will only use the Site for the purposes referred to in these Terms and under no circumstances use information gathered from it to send spam.

On the Site you may be offered automatic and other links to websites. Whilst we hope you will be interested in those websites, you acknowledge that their owners may be independent from us and we do not endorse or accept any responsibility for their content.

Requests to remove certain content from the Site

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us immediately.
 

Indemnification

You hereby agree to indemnify, defend and hold  Synth Music Direct and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Synth Music Direct Parties") harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Synth Music Direct Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, damage caused to your computer, arising out of:
1. Your use of the Site;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of material contained on the Site; 4. Errors or omissions on the Site;
5. Your connection to the Site;
6. Your violation of these Terms; or
7. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
 

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material from the Site. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies the Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
 
Under no circumstances shall we or Our Providers be liable for any unauthorised use of the Site or the Materials.
 

THIRD PARTY RIGHTS

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.


LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of the Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.