Terms Of
Use
User Agreement
Use of this site and
backing tracks supplied by us are subject to the following terms
and conditions.
Acceptance
of Terms
By accessing this site and/or purchasing products from Pro
Backing Tracks, you agree without exception to all terms and
conditions listed herein. If you do not agree with any of these
terms of service, please do not use the site or purchase from
Pro Backing Tracks. Please review this agreement periodically
as we may, at any time, modify these terms of service. Upon
modification, your continued use of this site signifies your
acceptance of any and all changes.
Copyrights, Trademarks and Other Proprietary Rights
All content on this site is the property of Pro Backing
Tracks. All content is subject to the appropriate copyright,
trademark or other intellectual property laws. You may use the
content only for your personal use. You must keep intact all
copyright, trademark or other proprietary notices or marks.
You may not copy or reproduce any content obtained from this
site or copy or reproduce any backing tracks purchased from
Pro Backing Tracks except for your own personal use. You agree
not to alter, modify, publish, distribute, sell, broadcast,
transmit, create derivative works from, or edit any content
of this site or backing tracks purchased from Pro Backing Tracks
without the expressed written permission of Pro Backing Tracks
and/or any appropriate third parties. Any copyright infringement
will result in termination of service and possible legal action.
Returns Policy
We support a full replacement policy on any damaged files.
Although every care is taken to ensure that backing track file
downloads are in perfect condition when downloaded from the
server, in the event of any file arriving damaged, Pro Backing
Tracks will provide a full replacement if Pro Backing Tracks
are notified promptly and the file is proved to be defective.
Damaged files will only be exchanged for the same title and
key. Due to the special digitized nature of our products and
the ease with which they can be duplicated, refunds are not
provided. Refunds will only be given if it is proved that the
goods have not been delivered due to fault on our part.
Digital
Delivery (Downloading)
Pro Backing Tracks supply tracks for downloading in zipped
mp3 format. Passwords to access the download area will be valid
for 24 hours from the time of purchase and 1 download per item.
Passwords cannot be re-activated after this period has expired.
Customers who fail to downloaded purchases within this period
will be required to re-order again at the prices set out in
our current price list.. Pro Backing Tracks recommend WindowsXP
or 7 and Internet Explorer 5 or above to download files and
cannot offer support for any other platforms or third party
software. Pro Backing Tracks shall not be liable for any damages
of any kind arising from the users ability or inability to use,
configure or download purchases via the recommended programs
and/or any third party software. This includes any direct, indirect,
incidental, consequential, special, or other damages. Nor shall
Pro Backing Tracks be liable for the costs of substitute goods
or services or the costs of goods or services resulting from
unauthorized access or transmission alterations. You hereby
waive any and all claims against Pro Backing Tracks and its
divisions, subsidiaries, partners, licensors or agents arising
from any use or misuse of this site, backing tracks and all
recommended or third party software.
Disclaimer of Warranties
Use of the Pro Backing Tracks website is at your own risk.
The content and service is provided on an "as is"
basis. Pro Backing Tracks offers no warranty of any kind, express
or implied. Pro Backing Tracks does not warrant that any content
on this site is accurate, that this site will be available at
any particular time, or that any errors will be corrected. Pro
Backing Tracks reserve the right to cancel orders or refuse
to supply customers with backing tracks at their sole discretion.
Limitation of Liability
Pro Backing Tracks shall not be liable for any damages of
any kind arising from the use or inability to use this site.
This includes any direct, indirect, incidental, consequential,
special, or other damages. Nor shall Pro Backing Tracks be liable
for the costs of substitute goods or services or the costs of
goods or services resulting from unauthorized access or transmission
alterations. You hereby waive any and all claims against Pro
Backing Tracks and its divisions, subsidiaries, partners, licensors
or agents arising from any use of this site.
Indemnification
You agree to indemnify and hold harmless Pro Backing Tracks
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to your use or misuse of this site.
Third
Party Sites
Pro Backing Tracks does not control the content of the internet
outside of its site. We may provide links to other sites which
are beyond our control. Inclusion of a link is not an endorsement
or recommendation of the site. You acknowledge that Pro Backing
Tracks is not responsible for the content of third party sites
and understand that we make no claims as to the quality or legality
of any such site and hereby waive any claim you might have in
regard to such.
Newsletters
Pro Backing Tracks may, from time to time, notify you via
email of special offers or new backing track updates. Your email
address is kept private at all times and is not made available
to any third party unless required by law. All requests to be
removed from our mailing list will be promptly honoured.
Restatement
Should any part of this agreement be legally deemed in conflict
with the laws which govern these terms of service, such part
will be considered to be restated in accordance with the applicable
laws and reflecting the original intentions as nearly as possible.
The remaining portions shall remain in full force and effect.
Consequences for Violations
Should it be determined at Pro Backing Tracks sole discretion
that you have violated this user agreement or have demonstrated
other inappropriate conduct, we reserve the right to notify
you of a breach of terms of service via email. We also reserve
the right to notify and fully cooperate with law enforcement
for further action and take any other action we deem appropriate.
Applicable
Law
This User Agreement/Terms of Service and any dispute arising
thereof shall be governed by and construed in accordance with
the laws of The United States Of America. You agree that any
litigation arising out of these terms of service or your use
of this site shall be filed only in the United States Of America.
Modification
of the Pro Backing Tracks website
We reserve the right to change, modify or discontinue any
or all content and/or services of Pro Backing Tracks website
with or without notice and without liability to you or any other
parties.
Modification
of User Agreement/Terms of Service
We may modify this User Agreement/Terms of Service at any time
with or without notification. Your continued use of the Pro
Backing Tracks website following the posting of any changes
constitutes your acceptance of those changes
See
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