We Music Store Terms And Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any download (defined as the transfer of a music track purchased using Credits: a Download) offered on our website www.wemusicstore.com (our site) to you and purchased by you by the exchange of Credits (defined as a right to download a single track in the future allocated to a single user account which expires 6 months after purchase: A Credit). Such Credits may be purchased at the prevailing rate posted on the website which is subject to change.
Please read these terms and conditions carefully before ordering any Downloads from our site. You should understand that by ordering any of our Downloads, you agree to be bound by these terms and conditions. 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 order any Downloads from our site.
1. Information About Us
1.1 WeMusicStore.com is a website operated by Philafunk Records, LLC (we). Our company address is 8 North Preston Street, Philadelphia, PA. 191042. Service abailability
Our site is propagated through the internet and as such may be affected by technical faults beyond our control which may inhibit your use of the site. You agree that we cannot be held liable for your inability to access or use the site due to reasons beyond our reasonable control.
3. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 14 years old;
4. How the contract is formed between you and us
4.1 After purchasing credits you will be able to use these credits to purchase Downloads. Purchasing credits is not in itself a contract for the supply of Downloads, however it gives you the right to purchase downloads up to the maximum allowed by your available credits. Choosing Downloads places them in your basket.
Your instruction to exchange credits for the contents of the basket constitutes an offer to us from you to buy the Download(s) using the designated credits. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when the relevant Download commences being downloaded to your computer. Each exchange of a credit for a download constitutes a separate contract between us.
5. Our status
5.1 Please note that in some cases, we accept orders via agents. The resulting legal contract is between you and us and these terms and conditions supersede any terms and conditions of third parties.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking in relation to the content of any third party websites and complete disclaim any and all liability for loss suffered as a result of accessing or using such sites.
6. Consumer rights
6.1 If a download is corrupted or otherwise unplayable on your computer, return it to us via email and it will be checked for integrity. If the download is faulty we will elect to give you a refund of your credit or a replacement download. Your statutory rights are not affected.
6.2 No refunds will be made for Downloads purchased using credits obtained via promotional codes or vouchers.
7. Availability and delivery
Your order will be fulfilled subject to availability unless there are exceptional circumstances. If we are unable to fulfill an order you will not be charged for that order.
8. Risk and title
8.1 The license to use the Download will only pass to you when we receive full payment of all sums due in respect of the Downloads.
9. Price and payment
9.1 The price of any Downloads will be as quoted on our site 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 downloads that have already been placed on the Pending Download page.
9.3 Our site contains a large number of downloads and it is always possible that, despite our best efforts, some of the downloads listed on our site may be incorrectly priced. We will normally verify prices as part of our order fulfillment procedures so that, where a download's correct price is less than our stated price, we will charge the lower amount when dispatching the Download to you. If a Download’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before completing the order, or reject your order and notify you of such rejection.
9.4 We are under no obligation to provide the Download to you at the incorrect (lower) price, even after we have placed the download on the Pending Download page, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
9.5 Payment for credits other than those obtained via promotional codes or vouchers must be by credit or debit card or via Paypal. We will not charge your credit or debit card or Paypal account until you confirm the purchase of credits.
10. Our refunds policy
10.1 When you return a Download to us (for instance, because you claim that the Download is defective), we will examine the returned Download and if found to be defective will notify you of either your refund or replacement Download via e-mail within a reasonable period of time. If you choose to be refunded, your account will be credited with the value of the defective file that you tried to download.
11. Our liability
11.1 We warrant to you that any Download purchased from us through our site is of satisfactory quality.
11.2 Our liability in connection with any Download purchased through our site is strictly limited to the monetary value of the credit exchanged for that Download.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12. Branding and intellectual property
12.1 The website displays or uses a range of intellectual property which belongs to the artist designated on the site, to WeMusicStore.com or to partners of Philafunk Records, LLC. All rights in respect of these intellectual property rights are reserved.
12.2 All content is subject to copyright and may not be reproduced without express written permission.
12.3 All music contained in the Downloads is copyrighted by the artists, and is reproduced and licensed here in accordance with license agreements between the artist and WeMusicStore.com and it's subsidiaries.
13. Payment terms
13.1 Payments are non-refundable exchanges of money in return for Credits which may be redeemed in exchange for the right to download a track.
13.2 Credits expire one year from the time they are purchased.
13.3 Credits reside in system and are associated with a user account, and are non-transferable.
13.4 If a payment is cancelled or otherwise withdrawn without the consent of WeMusicStore.com, all Credits associated with a user account are considered forfeited and the user account will be suspended.
13.5 Payments must only be made through the authorized payment providers available on the site, which are subject to change.
13.6 The number of Credits received for a given sum of money in a particular currency is determined at the time of sale, and is subject to change. Such changes are not retrospective.
13.7 Special offers are time limited, and can be withdrawn at any time for any reason.
14. Promotional codes
14.1 Promotional Codes are redeemed in exchange for Credits allocated to the user account at a rate specified in the material accompanying the particular Promotional Code.
14.2 Promotional codes have an expiration date after which they may no longer be redeemed. This date is specified in the material accompanying the Promotional Code.
14.3 Credits obtained via Promotional Codes are non-refundable and non transferable.
15. User data
15.1 We store username, password and various other items of personal information about users in order to provide our services effectively and securely.
15.2 We store no credit card information on our servers, with all information being held securely by the payment provider chosen by the user from the options available.
15.3 Our Data Processor is ____________________________.
15.4 User data can be updated at any time using www.wemusicstore.com
15.5 Your account is personal and private, the information for accessing it (i.e. Password) must not be distributed to anyone.
15.6 All activity on site, including IP Addresses and user ID's are logged for security and verification purposes.
16. Music samples
16.1 Samples are provided for free for non-commercial personal use in accordance with the license agreement between Pulse Global Limited and the artist.
16.2 The sample is copyrighted and must not be reproduced, transferred or otherwise distributed.
16.3 Sample may only be used in accordance with personal use rules
17. Downloaded music
17.1 Music is downloaded through a web browser via the basket or via any other authorized official access method, where purchased tracks are listed and available to be selected.
17.2 Tracks are downloaded using the hypertext transfer protocol using a web browser and may be stored on your computer or device for use in accordance with the Personal Use Guidelines.
17.3 Downloaded music must only be used in accordance with the personal use guidelines.
17.4 Any difficulty in downloading must be reported to WeMusicStore.com’s support team at download@wemusicstore.com
17.5 Exchanging credits for downloads removes the relevant number of credits from your account and allows the track to be downloaded to your computer. You must have sufficient credits to purchase the items in your basket otherwise all of the transactions will be cancelled.
18. Personal use guidelines
18.1 Downloads must not be used commercially or for public performance.
18.2 Downloads must not be reproduced other than in manners described here.
18.3 Downloads may be stored and played on your personal computers and laptops.
18.4 Downloads may be burned to CD for playback on personal audio devices, such as cars cd-players, portable cd-players and other similar devices.
18.5 Downloads may be stored onto mobile storage and playback devices, such as MP3 player devices and USB Flash Drives.
18.6 Downloads may not be streamed or otherwise distributed.
18.7 WeMusicStore.com believes these terms provide a fair, reasonable ability to enjoy the music and does not implement Digital Rights Management software on the basis that such software only deters you from enjoying the music, and does not substantially help in the fight against piracy.
19. Violations
19.1 Pulse Global reserves the right to terminate your account and nullify all outstanding credits you may have on the basis of any of the following:
19.1.1. Evidence of sharing of user accounts or passwords between multiple users.
19.1.2. Any attempt to hack or defraud our system or induce otherwise undesired behavior, such as intentionally degrading the service for others.
19.1.3. Un-authorized charge-backs of payments.
19.1.4 Any attempt to introduce any form of viral or otherwise hostile, malicious or unwanted software to the site, it’s users, operators or partners.
20. Import duty
20.1 If you order Downloads from our site for delivery outside the US, you will be responsible for payment of any applicable import duties and taxes.
20.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Downloads are destined. We will not be liable for any breach by you of any such laws, and you hereby indemnify WeMusicStore.com against any claims arising from a breach of such laws by you.
21. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
22. Notices
All notices given by you to us must be given to WeMusicStore.com. We may give notice to you at either the e-mail or postal address you provide to us when registering as a user, or by posting on our website. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
23. Transfer of rights and obligations
24.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
24.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
24.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. Events outside our control
25.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
25.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
25.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
26. Parental advisory
We are not responsible for any offense taken by listening to or watching any of the Downloads. The opinions expressed in the lyrics of any song or images depicted in any Download are the sole responsibility of the artist who created them. Users should satisfy themselves that they will not be offended by any material they download from our site.
27. Waiver
27.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
27.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
27.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you.
28. Serverability
If any of these terms and Conditions or any provisions of a Contract 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.
29. Entire agreement
29.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
29.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
29.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
30. Our right to vary these terms and conditions
30.1 We have the right to revise and amend these terms and conditions from time to time.
30.2 You will be subject to the policies and terms and conditions in force at the time that you order Downloads from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we complete your Order(in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Downloads).