THESE ARE THE APPLICABLE TERMS RELATING TO YOUR USAGE OF THIS SITE. IF YOU AGREE TO THE TERMS THEN PLEASE CLICK THE RELEVENT BOX BELOW AND YOU WILL BE PERMITTED ACCESS ON THE BASIS OF THESE TERMS OF AGREEMENT. IF YOU DO NOT AGREE THEN YOU WILL BE DENIED ACCESS
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 STAYAROUND 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 Stayaround.com site (“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 STAYAROUND 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 STAYAROUND 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. STAYAROUND 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 STAYAROUND liable in relation to that for any losses whatsoever
Your Account. You must set up an account with STAYAROUND 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 STAYAROUND of any unautorised use of your password or account
- STAYAROUND shall not be responsible for any losses caused by the improper use of your password or account and you agree to indemnify STAYAROUND in relation to such usage
- You may be liable for any losses incurred by STAYAROUND or other users of the Service due to someone else using your name and password or account in breach of these obligations
Payment. You agree to pay for the Content downloaded at the stated price by one of the following payment methods.
- Visa Delta Switch
- Solo debit cards
- 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.
STAYAROUND will get prior authorisation for the transaction and billing should occur at, or shortly after the time of purchase. STAYAROUND may in its discretion post charges to you individually, or in aggregate. If your billing details change then you should notify STAYAROUND immediately.
STAYAROUND 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. STAYAROUND will not charge vat in territories where it is not payable. No tax exemptions are applicable for use of the Service
COPYRIGHT INFORMATION/INTELLECTUAL PROPERTY RIGHTS
Copyright . STAYAROUND (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.
STAYAROUND 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 STAYAROUND 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 STAYAROUND in its absolute discretion without nonfiction to you.
STAYAROUND may incorporate links to third party websites. However STAYAROUND 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 STAYAROUND excludes liability for any losses so caused.
STAYAROUND may terminate your account at any time without notice to you if:-
- You are in breach, or if STAYAROUND 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 STAYAROUND shall have no liability to refund you any amounts that have been paid and you will remain liable for any liabilities due to STAYAROUND in relation to use of the Service
STAYAROUND 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.
- Use of the Service is at your sole risk. The service is provided “as is” and without any warranty from STAYAROUND, its employees, suppliers, licensors, or other business partners whether express or implied by law. This does not affect your statutory rights
- STAYAROUND 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 STAYAROUND 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
You agree to indemnify and hold STAYAROUND, 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 from STAYAROUND shall be sent by email to the email address given in the Information or by letter to the postal address given. Notices by STAYAROUND shall be by registered post to their address at 25 Barnes Wallis Road , Segensworth East, Fareham , PO15 5TT