InfoMedia Services Music Download Terms and Conditions

Please read these product terms and conditions (the "Product Terms") carefully as they affect your rights and liabilities under the law and set out the terms under which Partymob.com makes the download service (the "Service") available to you. These Product Terms apply to the Service in addition to the Privacy Policy and General Terms and Conditions of Partymob.com.

1. Territory

A digital music download is a digital file that can be downloaded from a website, stored and played on a PC or portable music device.

2. The Service

Digital music files (the "Downloads") will be made available for you to download once your payment has been authorised. There will be no contract of any kind between you and us unless and until you make payment for the Downloads. At any point up until then, we may decline to supply the Downloads to you without giving any reason.

Please note that you are responsible for downloading the files and providing equipment to do so. You are also responsible for providing equipment and software to use the Downloads and should confirm this by using the test file first.

3. The Usage

The music files which are offered for download are protected by national and international copyright law. The download of music files is permitted for your personal, non-commercial purposes only. Additional information and restrictions on what you may do with each Download is stated on the website under the "Policy Information" section of each file listing. For more information please see the Partymob.com Frequently Asked Questions (FAQ).

Except for your Usage Rights, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Downloads are prohibited and will constitute a copyright infringement.

You understand that the Downloads include security technology which ensures that they may only be used in accordance with the Usage Rights. In particular, each Download carries an individual digital watermark, which cannot be removed. You agree not to attempt to, or assist any other person to, circumvent any of this security technology.

You agree that the information, which is used to watermark the file, is stored together with the information concerning your purchase and the download transaction, which may be used in order to trace any infringement of the Usage Rights. You agree that this information may be disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.

4. Cancellation and Defective Downloads

Once you have paid for the Downloads, we make the Downloads available to you through the Service. You are not able to cancel any purchase of Downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact our helpdesk by using the contact details below and, where this is due to our default, we will replace or refund the Download.

5. Material in the Downloads

You understand that some Downloads may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make such content clear where the suppliers of the track provide us with this information, you agree that we shall have no liability to you for content within the Downloads that may be found to be offensive or otherwise objectionable.

6. Payment

The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before the item concerned is downloaded. All prices are expressed inclusive of any VAT payable unless otherwise stated.

You can pay by any MasterCard or Visa credit card. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. Partymob.com utilise the secure payment solution WorldPay, a division of the Bank of Scotland.

We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.

7. Liability

Our liability to you in connection with any order will not exceed the total price charged for the relevant Downloads.

8. General

These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

We reserve the right to modify, suspend or discontinue this Service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. You acknowledge that you may no longer be able to replace the Downloads if we discontinue the Service and you agree that we shall have no liability to you in that event. Where commercially practicable, we will try to give you reasonable notice of any discontinuation of the Service.

Except as expressly set out in these Product Terms, all use of your personal information will be made in accordance with our Privacy Policy.

9. Customer Services

If you have an order query, questions, request for log in details or for replacement products please e-mail us at musicdownload@partymob.com.

The Partymob.com download service is operated by InfoMedia Services Limited, 29 CharterGate, Moulton Park, Northampton, NN3 6QB. United Kingdom.

If you have any queries please contact Customer Services at musicdownload@partymob.com.

Company Registration No. 2553993 Last update: 09/03/05

Partymob.com™ is the registered trademark of InfoMedia Services Limited.