TERMS AND CONDITIONS
(1) Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.
(3) Licence to use website
You may view, download for caching purposes only, and print pages from the website, provided that:
(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(4) Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Mailing List Terms And Conditions
If you join our mailing list we will use the information you provide to contact you from time to time with news and information about Freewinder, details of the products we offer and schedules relating to concerts or events. If you wish to unsubscribe from our mailing list please inform us of this via our contact page and we will remove your details from our system. We will not provide your details to any other organisation or use our mailing list to promote products and services from anybody else.
Data Protection Policy: Freewinder Productions Ltd (“Freewinder”) is committed to handling personal data in the spirit of the Data Protection Act 1998 (“the Act”) and protecting personal privacy in accordance with the law.
Confidentiality: Please note that we do not sell, rent, or trade your details to any third parties. Only employees of Freewinder Productions Ltd are granted access to your details. However, we may need to release or transfer data in a few, special circumstances, when a) We respond to court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims b) We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, spamming, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of service, or as otherwise required by law c) We must transfer the information, to a successor company in the event of a sale, merger, liquidation, dissolution, reorganization or acquisition of Freewinder.
(6) Download Usage Terms
You acknowledge that the use of the Freewinder website and Products downloaded such as music, images, video, artwork, text, software and other copyrightable materials (“Products”) impose usage terms established by Freewinder Productions and its licensors, as listed here. You agree that by downloading Products, you agree to use such Products in accordance with the Usage Terms, and that any other use of the Products may result in civil or criminal liability. Freewinder Productions reserves the right to modify these Usage Terms at any time.
Personal Use: All the items contained in the Freewinder website are offered for your personal use for non-commercial purposes only. It is prohibited to use the items contained in the Freewinder website for commercial or advertising purposes without the prior written consent of Freewinder Productions.
Waiver: You acknowledge that use of Products requires other hardware and software tools and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, Freewinder Productions shall be without liability to you in the event of its loss, destruction, or damage.
Copyright: You are entitled to download, export, burn or copy Products solely for personal, non-commercial use in accordance with the terms of this Agreement. Any burning or exporting facilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by Freewinder Productions and you have only a limited, non-transferable, non-exclusive, revocable, non-sublicensable right to use the Products for personal use in accordance with the terms of this Agreement.
Limitations: You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the downloaded Products. You may not reverse engineer, decompile, disassemble or modify the downloaded Products. You may not play and then re-digitize or upload those downloaded Products to the Internet. You may not use the downloaded Products in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the downloaded Products, including but not limited to, posting any downloads for auction, on any Internet auction site. All downloaded Products are sublicensed to you and not sold. The delivery of a Product does not transfer to you any commercial or promotional use rights in the Product.
Transfers: You may download music to a single computer. You may then transfer music files and, where appropriate, backup license files to up to two additional personal computers. You may play music an unlimited number of times on up to three personal computers. You shall be entitled to burn Products solely for personal, non-commercial use up to ten times, and export Products solely to a portable device capable of playing MP3 files an unlimited number of times.
Warranty: Without limiting any provision herein, Freewinder Productions makes no warranty that any particular compact disc burner or portable device will be compatible with the service or that any compact disc burned using the service will function in all compact disc players. It is your sole responsibility to ensure that your recording and playback system(s) will function correctly.
(7) Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(8) Our contact details
The full name of our company is Freewinder Productions Limited and our registered company address is 75 Maygrove Road, West Hampstead, LONDON NW6 2EG, UNITED KINGDOM. Our Registered Company Number is 5959190 (England and Wales). You can also contact us by email.
(9) Entire agreement
These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(10) Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
