Music download terms and conditions
Our music download terms and conditions provide a template for operators of music distribution and download sites to: (a) define buying procedures for customers; and (b) establish their own and customers' rights in relation to digital music purchases.
The template contains a licence for buyers to use the music files in certain permitted ways. These include copying to personal devices and backing up. The licence text specifically excludes a number of other uses, such as further distribution, altering the files, violating the law or competing with the seller.
The terms and conditions contain requirements for the customer not to remove copyright notices in the downloaded files as well as an express statement that the customer obtains no intellectual property rights other than those explicitly granted in the document.
Customers acknowledge that the music download files are supplied in a specific format or formats, and affirm that they have the software and equipment necessary to make use of the downloaded files.
The template helps operators to comply with UK law governing distance contracts, in particular by providing consumers with a right to cancel and receive a refund in appropriate cases.
The terms and conditions also include boilerplate contract clauses addressing, among other matters, limitations on liability, the warranties given by the parties, and the amendment and assignment of the contract.Ask about this document
Music download terms and conditions contents
- Introduction: purpose of document: governing downloads; express agreement to document upon order; no abridgment of consumer statutory rights.
- Interpretation: informal definitions for download terms and conditions.
- Order process: download advertisement as invitation to treat; no contracts except in accordance with order process; downloads order process; input error correction and identification.
- Prices: prices quoted on website; prices changes on website; amounts inclusive or exclusive of VAT.
- Payments: payment of download prices; methods of paying prices.
- Licensing of music files: format and supply of downloads; grant of licence to use downloads; permitted uses of music files; prohibited uses of music files; warranty of ability to use downloads; all rights in downloads reserved; retention of proprietary notices in downloads; rights granted are personal; licence to use downloads terminates upon breach; termination of download licence by deletion; consequence of termination of licence to use downloads.
- Guarantee: cancellation right for all customers: provisions apply to all customers; money-back guarantee for digital content; limitations on money-back guarantee for digital content; refund method; no abridgment of consumer statutory rights.
- Distance contracts: cancellation right for consumers: cancellation right for consumers; cancellation right for digital content; consumer agreement to provision of digital content; exercise of cancellation right; full refund upon distance contract cancellation; refund method; refund timing for services and digital content.
- Warranties and representations: customer warranties and representations; warranty relating to digital content (B2B); warranties relating to digital content (B2C or mixed); no implied warranties or representations relating to supply of intangibles.
- Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
- Variation: revision of document by publishing new version on website; variations govern future contracts.
- Assignment: assignment by first party (with consumer rights); assignment by second party.
- No waivers: no unwritten waivers of breach; no continuing waiver.
- Severability: severability of whole; severability of parts.
- Third party rights: third party rights: benefit; third party rights: exercise of rights.
- Entire agreement: entire agreement - sale and licensing of downloads.
- Law and jurisdiction: governing law; jurisdiction.
- Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number.
- Our details: website operator name; company registration details; place of business; contact information.