We maintain this Web site as a free service to our visitors. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site in any way.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. License to use website
We or our licensors own the intellectual property rights in the ebsite and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You are allowed to:
(a) view, download for caching purposes only and print pages from the website
(b) stream content available on the website to your personal computer and/or mobile device.
In both cases for your own own personal and private non-commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You are not allowed to:
(a) republish material from the website
(b) sell, rent or sub-license any material from the website
(c) show any material from the website in public
(d) exploit material on the website for a public or commercial purpose
(e) redistribute material from the website
(f) store any copy or any mix from the website
We reserve the right to restrict access to areas of the website or if required the whole website at the DAM’s discretion
3. Trademarks
DAM/downloadamixtape.com and other names used throughout the site are either trademarks or registered trademarks of Dam Entertainment LTD or other third parties. Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. This includes any uploaded audio or visual content, as well as artwork, avatars, or comments that may be posted to the site.
5. Indemnification
You agree to indemnify, defend and hold us and our partners, lawyers, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Site.
6. Non- Transferable
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
7. Disclaimer and Limits
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION HEREIN.
8. Third-Party Services
We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
9. Licensing
DAM holds a PRS Limited Online Music Licence (LOML) which covers limited downloads and on-demand streaming services. Under the license, DAM LTD is granted limited rights to exploit certain musical works by streaming those works to users via the website.
However:
(a) The LOML license does not itself permit the adaptation of musical works to create mixes
(b) The LOML license does not apply to all musical works
(c) The LOML license does not apply to artwork accordingly it is your responsibility to ensure that you have all the necessary permissions and rights to upload the content that you submit to the website, and that you upload only musical works in which are covered by the LOML license (or in which you have control of the relevant electronic exploitation rights), and that you only submit graphic works in which you have control of relevant rights.
Save to the extent that we are otherwise licensed under the PRS LOML to do these things, you grant to us a worldwide, non-exclusive, royalty-free license to:
(a) copy, store and stream music and content that you upload to the website
(b) copy, store and publish artwork that you upload to the website
(c) copy, store, publish and adapt any other material you submit to the website
In each case to www.downloadamixtape.com and any successor website
To the extent that you are the owner of these rights you also grant DAM LTD the right to sub-license these rights, as well as the rights to bring action for the infringement of these rights.
You further warrent and represent that all uploaded material adheres to the relevant points included in the terms.
10. Submissions, Uploads, Copyrights and Copyright Agents.
By using this Site and/or uploading any material to this Site, you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media you upload does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS DATPIFF LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS OF ANY NATURE OR KIND ARISING FROM ANY UPLOADS OF MATERIAL YOU PLACE ON OUR SITE, INCLUDING ATTORNEYS’ FEES AND COSTS.
WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT REFUND OR PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
If you believe our Site contains content that infringes upon your rights, please notify us immediately. We respect the intellectual property of others, and we ask that our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the content to be removed, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. Links to Other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. Breaches of Terms and condition
If any of the terms and conditions set out here our breached by you the user, we retain the right to suspend or permanently prohibit you from using the website and all its features. We may, dependent on the severity of the breach, block your computers ip address from accessing the website, delete any/all of the content uploaded by you where we suspend or prohibit your account and access to the website, you may not take any action to circumvent such suspension or prohibition or blocking. This can include setting up or using different accounts.
13. Agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of the website, and supersede all previous agreements in respect of your use of the website
14. Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with English Law, any disputes relating to these terms and conditions will be subjected to the non-exclusive jurisdiction of the courts of England & Wales.
15. Our Details
Company name: Dam Entertainment Ltd
Company registration number: 07147471
Registered Address:
DAM ENTERTAINMENT LTD
2ND FLOOR 145-157
ST JOHN STREET
LONDON
ENGLAND
EC1V 4PY
