Terms and Conditions
ELT SONGS WEBSITE:
TERMS OF SERVICE
Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) BEFORE USING THE SERVICES. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT REGISTER FOR AN ACCOUNT OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.
ACCEPTANCE OF THE TERMS OF SERVICE
Thank you for visiting our website: eltsongs.com (referred to in these Terms of Service as the “Website”). These Terms of Service are a legal agreement between people who visit the Website (referred to as a “user” or “users”) and ELT Songs Ltd (referred to as “ELT Songs”, “we”, or “us”). These Terms of Service govern access to and use of the Website by users. By using and accessing the Website, users, on their own behalf and on behalf of their children, agree to these Terms of Service. Users who do not agree to these Terms of Service should not use the Website.
CHANGES and UPDATES TO THE TERMS OF SERVICE AND TO THE WEBSITE
ELT Songs may, in our sole discretion, amend these Terms of Service at any time. Any updates will be effective when posted on the Website. Users are responsible for periodically reviewing the Terms of Service to be aware of changes. By continuing to use the Website, users agree to such changes.
The Website, and the information and material on the Website, may be changed by ELT Songs at any time. ELT Songs will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time.
USER’S USE OF THE WEBSITE
The security of user information is very important to us. We use measures designed to secure user information from accidental loss and from unauthorized access, use and disclosure.
The safety and security of user information also depends on users. Users are responsible for their own access to the Website. Users must ensure anyone who accesses the Website through their internet connection is aware of these Terms of Service and complies with them. It is a condition of using the Website that all the information users provide on the Website and/or to us related to the Website is correct, current, and complete. If such information has changed, contact us immediately at the contact information below.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect user information, we cannot guarantee the security of user information transmitted to our Website. Any transmission of information is at a user’s own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Users are prohibited from attempting to circumvent or violate the security of the Website, including: (a) accessing content and data that is not intended for them; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to other users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is, or potentially is, malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Website and all of their content, features, and functionality (collectively, the “Website Content”), including, without limitation, all information, software, code, text, displays, graphics, photographs, video, audio, audio-visual content, design, presentations, selections, and arrangements, are owned by ELT Songs and are protected in all forms by intellectual property laws including, without limitation copyright, trademark, moral rights and any other proprietary rights.
All trademarks, logos, product and service names, designs, images, and slogans displayed on the Website or within the Website Content are trademarks of ELT Songs and/or others. Users may not use such intellectual property without the prior written permission of the trademark owner. Use of any such intellectual property, except as expressly authorized in writing, will constitute an infringement and/or violation of the rights of the property owner and may be a violation of the law and could subject the infringer to legal action.
Users may only use the Website for personal and non-commercial use. Users shall not remove or alter any copyright, trademark or other legal notices from the Website or the Website Content. Users may not modify, copy, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Website except where ELT Songs has given express written permission in advance or is otherwise permitted by law.
ELT Songs expressly permits the following uses: users’ computers and browsers may temporarily store, or cache, copies of Website Content being accessed and viewed;
users may download and print a reasonable number of copies of Website Content (including materials from our “Downloads” sections) for their personal, non-commercial and lawful use only, provided that no proprietary notices are removed from such materials, and provided that ELT Songs shall determine what is deemed reasonable in the circumstances; and in the event social media platforms are linked to certain content on the Website, users may take such actions as the Website and such third-party social media platforms specifically allow.
If a user prints, copies or downloads any part of our Website in breach of these Terms of Service, that user’s right to use the Website will cease immediately and that user must, at our option, return or destroy any copies of the materials they printed, copied or downloaded. Users have no right, title, or interest in or to the Website or to any Website Content, and all rights not expressly granted are reserved by ELT Songs. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and/or other intellectual property or other proprietary laws, and could subject the infringer to legal action.
USER SUBMISSIONS AND CONDITIONS OF USE
Users warrant and agree that any use of the Website and any User Submissions will not:
Use the Website in violation of any applicable law. Violate the Terms of Service of any third-party website that is linked to the Website, including but not limited to, any third-party social media website. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
Involve stalking, attempting to exploit or harm any individual (including but not limited to minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
Involve, provide, or contribute any false, inaccurate, or misleading information.
Impersonate or attempt to impersonate ELT Songs; an ELT Songs employee, independent contractor or director; another user; or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ELT Songs or users of the Website or potentially expose them to liability.
Attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website Content.
Use the Website in violation of the intellectual property or other proprietary or legal rights of ELT Songs or any other person or entity.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
ENFORCEMENT, SUSPENSION, AND TERMINATION
ELT Songs has the right, without provision of notice to:
Take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the User Submissions and Conditions of Use or these Terms of Service.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Terminate or suspend a user’s access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.
USERS WAIVE AND HOLD HARMLESS ELT SONGS AND ITS SUBSIDIARIES AND AFFILIATES, AND COLLECTIVELY THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS (COLLECTIVELY THE “ELT SONGS PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ELT SONGS AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY ELT SONGS OR LAW ENFORCEMENT AUTHORITIES.
The Website Content is provided for general information purposes only. It is not intended to amount to advice on which users should rely. Users must obtain more specific or professional advice before taking, or refraining from, any action or inaction based on the Website Content.
Although we make reasonable efforts to update the Website Content, we make no representations, warranties, or guarantees, whether express or implied, that the Website Content is accurate, complete, or up to date. Use of the Websites by users is at their own risk and neither ELT Songs nor the ELT Songs Parties have any responsibility or liability whatsoever for use of the Website by users.
The Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from our Website. If users choose to access any such sites, they do so at their own risk. ELT Songs has no control over the contents of any such third-party sites and accepts no responsibility for such sites or for any loss or damage that may arise from use of them. Users are subject to any terms and conditions of such third-party sites.
Users may link to our Website, provided they do so in a way that is deemed by us to be fair, and legal, and does not damage our reputation or take advantage of it. Users must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. Users agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
DISCLAIMER OF WARRANTIES
USERS UNDERSTAND AND AGREE THAT USE OF THE WEBSITE, THE WEBSITE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT THEIR OWN RISK. THE WEBSITE, THE WEBSITE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER ELT SONGS NOR THE ELT SONGS PARTIES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR THE WEBSITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ELT SONGS NOR THE ELT SONGS PARTIES REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. USERS ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THEIR USE OF THE WEBSITE AND THEIR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USE OF THE WEBSITES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO USERS DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION ON LIABILITY
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL ELT SONGS NOR THE ELT SONGS PARTIES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, each user agrees to defend, indemnify, and hold harmless ELT Songs, the ELT Songs Parties and their respective assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of or relating to that user’s breach of these Terms of Service or use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website Content, services, and products other than as expressly authorized in these Terms of Service.
GOVERNING LAW AND CHOICE OF FORUM
The Website and these Terms of Service will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the United Kingdom or any other jurisdiction) and notwithstanding a user’s domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Website and under these Terms of Service will be instituted in the courts of the United Kingdom. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. Users waive any and all objections to the exercise of jurisdiction by such courts and to the venue of such courts.
BY ENTERING INTO THESE TERMS OF SERVICE, USERS EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ELT SONGS OR THE ELT SONGS PARTIES.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
REPORTING AND CONTACT
The Websites are operated by ELT Songs Ltd. All notices of copyright infringement claims, reporting of misuse of the Website (including libelous or defamatory conduct), comments, questions, requests for technical support and other communications relating to the Website should be must be sent to:
ELT Songs Ltd ,
ATTN: Privacy Team,
Office Suite 3, 4 Bridge Street Mills,
Bridge Street, Witney,
Oxfordshire, OX28 1FX
Email: [email protected]