The term Rock on Digital’ or ‘us’ or ‘we’ refers to the owner of the website Rock on Digital Limited whose registered office is The Studio, Drew Cottage, Vicarage Rd, Egham, Surrey, TW20 8NN. The term ‘you’ refers to the user or viewer of our website.
Download Terms and Conditions (for Download customers)
You should print a copy of these Terms and Conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to download any Products from our Website.
Product - means the downloadable digital audio visual material and other downloadable material and content on this Website;
Services - means any functions, facilities, applications, information or other services available through this Website;
Terms - means these terms and conditions;
User or You - means any person who accesses or uses this Website, with or without authorisation and whether or not you are registered to use this or part of this Website; and
Website - means www.cmgstudios.co.uk, www.rockondigital.com, www.voiceinamillion.com, (and underlying websites).
Certain other terms are defined in these Terms and Conditions.
2. INFORMATION ABOUT US
.RockonDigital.com is a website operated byRock on Digital Limited (we/us).
3. SERVICE AVAILABILITY
We do not accept downloads from anyone under 18 or anyone who does not have the capacity to form a contract under their own local laws. [Some restrictions are placed on the extent to which we accept orders from specific countries..]
4. WEBSITE REGISTRATION
4.1 In order to use the Services on the Website and gain access to Products you will have to register with the Website and you agree to provide accurate, current, and complete information upon registration (please see clause 5 below).
4.2 Upon registration you will be issued with an account name and a password which will enable you to access your account.
4.3 It is your responsibility to keep your password confidential and secure and we do not accept liability for losses incurred due to a breach of password confidentiality. Do not allow others to use your account.
5. DATA PROTECTION
5.1 We will store the information obtained in the registration process and/or obtained in the process of your orders for use in providing the Service, including but not limited to maintaining your account with this Website and collecting payments for Products.
5.2 We reserve the right to terminate your registration if any information you provide is false, inaccurate or incomplete and you are required to check and if necessary update your information for each order.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Products ordered from this Website are subject to copyright and other intellectual property rights.
6.2 Any subsequent use of the whole or an extract of the Products must be clearly marked as originating from this Website as well as citing the author and title of the Product.
7.1 Products may be ordered and purchased by using your password and account name.
7.2 When you order your chosen Products you will be shown a summary of your order before you proceed to the payment stage, and you will be able to alter the details and correct any errors. Once you have made the payment, which will be debited as an immediate pre-payment, you will receive an e-mail confirming the details and receipt of your order and confirming that you are free to download the ordered Products.
7.3 We reserve the right to reject orders and we will notify you of this. If we reject your order, payment made by you in connection with the rejected order will be refunded.
8.1 The delivery method used on this Website is "internet download". Therefore you recognise that the supply of the Product starts almost instantaneously after the submission of your order. The statutory right to cancel does not apply and you hereby consent to our providing the Product immediately.
8.2 We reserve the right to change the available Products from time to time.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
9.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation e-mail and made the Products available for download.
9.3 Owing to the "internet download" nature of the delivery method for the Products payment for all Products must be by credit or debit card.
9.4 Payment will be required on an immediate pre-payment basis. Available payment methods are by credit or debit card or via a Paypal account only.
10. OUR REFUNDS POLICY
10.0 Downloads are non refunadable. Physical goods can be returned for a full refund of the purchase price only if the goods are faulty or not as decribed. Goods returned for refund must be returned within 7 days of receiving the goods and returned with their original packaging. Clothing will not be refunded if worn, unless the item is defective.
10.1 If through an error a price displayed on our Website is incorrect (the correct price being higher than advertised), and this is spotted after you place your order but before we accept your order and send you a confirmation e-mail, we reserve the right to either give you a refund, or provide you with the Product at the correct price.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.1 If any links to other websites are given on this Website, we are not responsible for any content contained in any of those external websites, or any loss suffered by you in relation to your use of those websites.
11.2 We strive to ensure the accuracy, correctness and reliability of the Products on this Website, but we make no representations or warranties as to the Products' accuracy, correctness or reliability.
11.3 We shall not have any liability for lost, damaged or destroyed downloads.
11.4 WE EXCLUDE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EXCEPT FOR LIABILITY FOR LOSS OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY OUR NEGLIGENCE AND FOR FRAUDULENT MISREPRESENTATION.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We are not liable for any loss or delay caused by circumstances beyond our reasonable control including, but not limited to, strike, riot, terrorist activity, fire, accident or emergency, changes in law or regulations, trade embargo or other event.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 We have the right to revise and amend these Terms and Conditions from time to time without notice. Changes will be posted on this Website.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
16. PURCHASE OF TICKETS & REFUNDS
Tickets purchased are non-refundable except for reasons of the concert being cancelled. If the concert is postponed due to adverse weather or the date or time of the performance is changed, tickets purchased for the original date will be valid for the revised/new date/time.
Exchanges, Refunds and Cancellations
Refunds are not permitted except where the performance is either cancelled or abandoned when less than half the performance has taken place. However, tickets booked directly with Voice in a Million or their ticketing agent Rock on Digital Ltd may be exchanged to future performances in lieu if returned at least 14 days before the scheduled performance time. In the event that the event is re-scheduled, the tickets purchased are valid for the revised date and are not refundable
No other cancellations are permitted outside of these terms. If a performance is cancelled or abandoned when less than half the performance has taken place, our maximum liability to you in this respect is the face value only of the tickets purchased. Please note that the cancellation rights contained in the Consumer Protection (Distance Selling) Regulations 2000 (as amended) do not apply to the services we offer.
Ticket Returns and On-Sales
If you wish to return tickets on the day of a show, Voice in a Million / Rock on Digital will endeavour to sell these provided we are completely sold out. There is a fee of £2 per ticket for this (maximum £6 charge per booking). However we cannot guarantee the re-sale of tickets. Only original tickets can be offered for re-sale (not duplicates or agency tickets).
Refund of sold tickets, less the administration charge, will be held as a Gift Token on the patron record of the person who made the original booking. This person may have this credited back to a bank card by contacting VIAM. We reserve the right not to accept tickets for re-sale.
17. LAW AND JURISDICTION
Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
End User Licence Agreement (for download , DVD and CD customers)
This end user licence agreement (EULA) is a legal agreement between you (Licensee or you) and Rock on Digital Limited (Licensor or we or us) for this Rock On Digital (Product), which includes software, the associated media and printed materials (Documentation).
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of you agreeing to abide by the terms of this EULA, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Product and the Documentation on the terms of this EULA.
1.2 You may:
(a) use the Product for private or for internal business purposes on one screen at a time (but must not use the Product on any public screen);
(b) make a copy of the Product for back-up purposes only, provided that this is necessary for the activities permitted by condition 2.1;
(c) use any Documentation in support of the use permitted under condition 1.1 and make a copy of the Documentation for its lawful use.
2. LICENSEE'S UNDERTAKINGS
2.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:
(a) not to copy the Product or Documentation except where such copying is necessary for the purpose of back-up
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Product or Documentation;
(c) not to make alterations to, or modifications of, the whole or any part of the Product nor permit the Product or any part of it to be combined with, or become incorporated in, any other software;
(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Product nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Product with another piece of software, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Product with another piece of software;
(ii) is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
(iii) is not used to create any software which is substantially similar to the Product;
(g) not to provide, or otherwise make available, the Product in any form, in whole or in part to any other person without the prior written consent from the Licensor.
2.2 You must permit the Licensor and his representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises, and to the computer equipment located there, at which the Product or the Documentation is being kept or used, and any records kept pursuant to this EULA, for the purpose of ensuring that you are complying with the terms of this EULA.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Product and the Documentation throughout the world belong to the Licensor, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product or the Documentation other than the right to use them in accordance with the terms of this EULA.
4.1 The Licensor warrants that the medium on which the Product is stored and distributed is (at the time it is supplied), and will be for the period of 90 days after that time (Warranty Period), free from defects in design, material and workmanship under normal use. If a defect in the medium occurs during the Warranty Period, the Licensor will replace it free of charge if you return it to the Licensor with proof of purchase and (so far as you are able) a documented example of such defect or error.
4.2 You acknowledge that the Product has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Product as described in the Documentation meet your requirements.
4.3 You acknowledge that the Product may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this EULA.
4.4 If, within the Warranty Period, you notify the Licensor in writing of any defect or fault in the Product in consequence of which it fails to perform substantially in accordance with the Documentation, and such defect or fault does not result from you having amended the Product or used it in contravention of the terms of this EULA, the Licensor will, at its sole option, repair or replace the Product, provided that you make available all information that may be necessary to assist the Licensor in resolving the defect or fault, including sufficient information to enable the Licensor to recreate the defect or fault.
5. LICENSOR'S LIABILITY
5.1 Nothing in this EULA shall exclude or in any way limit the Licensor's liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.
5.2 Subject to condition 5.1 the Licensor shall not be liable under or in connection with this EULA or any collateral contract for:
(a) loss of income;
(b) loss of business profits or contracts;
(c) business interruption;
(d) loss of the use of money or anticipated savings;
(e) loss of information;
(f) loss of opportunity, goodwill or reputation;
(g) loss of, damage to or corruption of data; or
(h) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
5.3 Subject to condition 5.1 and condition 5.2, the Licensor's maximum aggregate liability under or in connection with this EULA, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the EULA Fee.
5.4 Subject to condition 5.1, condition 5.2 and condition 5.3, the Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
5.5 This EULA sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Product and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this EULA. Any condition, warranty, representation or other term concerning the supply of the Product and Documentation which might otherwise be implied into, or incorporated in, this EULA, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
This EULA is governed by English law. Any dispute arising from, or related to, any term of this EULA shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.