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End User Agreement

 

TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND KLICKTRACK STATING THE TERMS THAT GOVERN YOUR USE OF THE KLICKTRACK DOWNLOAD SERVICES. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF KLICKTRACK'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND KLICKTRACK. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND KLICKTRACK MAY REFUSE ACCESS TO KLIKTRACK SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

  1. Definition of Klicktrack. Klicktrack is the provider of the Klicktrack web site (the "Service") that permits you to purchase downloads of digital content including without limitation sound recordings, audio-visual material, software and data files -under certain terms and conditions as set forth in this Agreement.
  2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
  3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Klicktrack shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
  4. System Requirements. Use of the Service requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed “so called broadband' Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
  5. Policies and Rules. Your use of the Service and purchases made through it are subject to Klicktrack's Sales Policy below and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read Klicktrack's Sales Policy, you should do so now.
  6. Klicktrack's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Klicktrack's Privacy Policy here which is expressly made a part of this Agreement. If you have not already read Klicktrack’s Privacy Policy, you should do so now.
  7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Klicktrack may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Klicktrack may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
  8. User Account and Security.

    a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Klicktrack of any unauthorized use of your Account or any other breach of security. Klicktrack shall not be responsible for any losses arising out of the unauthorized use of your Account.

    b. Security. You understand that the Service, and products purchased through the Service, such as sound recordings and related artwork ("Products"), are protected by Copyright law and limits your usage of Products to certain usage rules established by Klicktrack ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Klicktrack for compliance purposes, and Klicktrack reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through the website that is provided by Klicktrack for accessing the Service. You shall not access or attempt to access an Account that you are not authorised to access. You agree not to modify the website in any manner or form, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

  9. Purchase of Klicktrack Content

    a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Klicktrack shall be without liability to you in the event of any loss, destruction, or damage.

    b. Use of Products. You acknowledge that copyright laws limit your usage of Products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.

  10. Usage Rules
    • Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
    • You shall be authorized to use the Products only for personal, noncommercial use.
    • You shall be authorized to store as unlimited copies of the Product on any media, provided that these copies are for personal non-commercial use only. The Product or copies of the Product may not be resold or streamed either for profit or non-profit use,
    • You shall be entitled to export, burn or copy Products solely for personal, non-commercial use.
    • Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product.
    • You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
    • The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

    11. c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Klicktrack reserves the right to modify the Usage Rules at any time.

  11. Agreement to Pay.

    a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Klicktrack may charge you for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING FFC/KLICKTRACK WITH A VALID CREDIT CARD OR OTHER VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment method you designate during the registration and purchase process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Klicktrack can verify the validity of the new credit card information).

    b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

    c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

    d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

  12. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Klicktrack.
  13. Intellectual Property.

    a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Klicktrack and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

    b. Removal of Klicktrack Content or Other Materials. Notwithstanding any other provision of this Agreement, Klicktrack and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Klicktrack be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Klicktrack may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

    c. Copyrights. All copyrights in and to the Service, including but not limited to, the Klicktrack website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Klicktrack and/or its licensors. THE USE OF THE WEBSITE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

    d. Trademarks. Klicktrack, the Klicktrack logo, and other Klicktrack trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Frequent Frenzy Communications AB in Sweden, Europe, the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

  14. Termination.

    a. Termination by Klicktrack. If you fail, or Klicktrack suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Klicktrack with a valid credit card or other payment method or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, Klicktrack, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

    b. Termination of the Service. Klicktrack reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Klicktrack will not be liable to you or to any third party should it exercise such rights.

  15. General Compliance with Laws. The Service is controlled and operated by Klicktrack from its offices in Sweden. You agree to comply with all the laws and regulations of Sweden that apply to your use of the Service.
  16. Enforcement of These Terms. Klicktrack reserves the right to takes steps Klicktrack believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Klicktrack’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Klicktrack has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Klicktrack believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Klicktrack's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
  17. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Klicktrack may provide links to certain third party websites. You acknowledge and agree that Klicktrack is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Klicktrack does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
  18. Disclaimer of Warranties; Liability Limitations.

    a. Klicktrack DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Klicktrack MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

    b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY Klicktrack) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

    c. IN NO CASE SHALL Klicktrack, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR JURISDICTIONS, FFC/KLICKTRACK'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    d. Klicktrack SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Klicktrack HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

    e. Klicktrack DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Klicktrack DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

  19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD Klicktrack, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY FFC/KLICKTRACK AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Klicktrack, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FFC/KLICKTRACK'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
  20. Changes. Klicktrack reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
  21. Notices. Klicktrack may send you notice with respect to the Service by sending an e-mail message to the e-mail address listed in your Klicktrack Account contact information, by sending a letter via postal mail to the contact address listed in your Klicktrack Account contact information, or by a posting on the Klicktrack website. Notices shall become effective immediately.
  22. Governing Law. The laws of Sweden, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Klicktrack or relating in any way to your use of the Service resides in the courts of Sweden.
  23. Miscellaneous. These Terms of Service constitute the entire agreement between you and Klicktrack and govern your use of the Service, superseding any prior agreements between you and Klicktrack. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with 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. Klicktrack's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Klicktrack will not be responsible for failures to fulfill any obligations due to causes beyond its control.

SALES POLICY

SALES TO END USERS ONLY
The Klicktrack website sells products to end user customers only.

REFUND POLICY
All Sales are final.

PAYMENT METHODS
Klicktrack accepts credit cards as forms of payment. If a credit card is being used for a purchase, Klicktrack obtains a pre-approval from the credit card company for the amount of the order. Billing to your credit card occurs at the time of purchase.

Klicktrack accepts the following credit cards: Visa, MasterCard.

PLEASE NOTE:

• Debit cards and check cards have daily spending limits that may prevent the processing of your order.

• If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.

SALES TAX
Klicktrack purchases will include sales tax (VAT) based on the bill-to address and the sales tax rate in effect at the time of download. If the sales tax rate for the billing address changes before the song is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in countries where music downloads are taxable. No customers are eligible for tax exemptions for purchases made on Klicktrack.

PRICES
Klicktrack endeavors to offer you competitive prices on current selections. Your total price will include the price of the product plus any applicable sales tax (in effect on the day of download). Klicktrack reserves the right to change prices for products offered at the Klicktrack website at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

FOR ASSISTANCE WITH ORDERS
For assistance with billing questions or other order inquiries, please refer to our FAQ. If you cannot find the answers you are seeking in the FAQ, you can send us an e-mail at support@klicktrack.com. Responses to e-mails will be provided during business hours (Mondays – Fridays, 09.00 to 17.00 GMT+1). We will make every effort to respond to your inquiry within 24 hours.

OTHER TERMS AND CONDITIONS
Klicktrack is not responsible for typographic errors.

Klicktrack reserves the right to change the terms and conditions of sale at the Klicktrack website at any time. Customers are encouraged to review the Sales Policies on a periodic basis for modifications.