Thank you for visiting the DGMLIVE.com World Wide Web site (the “Site”).
Part 1 : CONDITIONS OF SALE
These Conditions of Sale govern the sale of all downloads by DGMLive.com to the user of the “Site”. When you purchase subscriptions or downloads from DGMLive.com you will be required to click the "I Agree" tick box to complete the order. By clicking the "I Agree" tick box you are accepting these terms and conditions of sale.
The contract for the purchase of any subscriptions or downloads will be between the "Customer" and DGMLive.com and will only be formed when DGMLive.com make the downloads available or provide access to a subscription service, and DGM has received payment in full. DGMLive.com reserves the right, at our sole discretion to reject any order we receive. By placing an order with DGMLive.com you agree you are:-
legally capable of entering into binding contracts
at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
In purchasing a download or subscription from DGMLive.com the "Customer" is waiving their rights to the 14 day cooling-off period. All sales of downloads and subscriptions are final. Refunds for any downloads sold by DGMLive.com need only be considered for a refund if any of the following conditions apply:-
iii) The downloads are proven to be defective.
All refunds will only be issued to the transaction ID related to the sale. Failure to download within the download window does not constitute grounds for a refund. DGM does not make any guarantees as to the quality or consistency of audio file recording or encoding available at DGMLive.com. Notwithstanding the above, DGM Ltd acts according to the principles of the ethical company, and reasonable reasons for a refund will always be considered.
Subscriptions, such as the 1,000 Club, sold via a recurring payment can be cancelled at anytime during the subscription. DGMLive.com will not however provide the "Customer" with a refund for a cancellation that is part-way through a billing or membership period. In the event that a recurring payment fails due to an expired credit or debit card DGMLive.com reserves the right to suspend access to the service whilst payment details are updated or the subscription is cancelled.
The price of any downloads will be as quoted on the "Site" at the then current time, except in the case of obvious error. This price will include legally applicable VAT. The "Customer" agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. Payment for all sales is processed securely by the third party payment gateway services supplied by Worldpay.
For subscriptions sold via a recurring payment you hereby authorise DGMLive.com to charge your credit or debit card in future based on the billing period advertised. Where the recurring payment date does not recur in a particular period (e.g., 31 January, but there is no 31 February), the "Customer" will be charged on the closest preceding date to the payment date (e.g., 28 February) for that period.
Downloads are delivered to the "Customer" by a choice of methods:-
via download to the "Customer"'s personal desktop computer
via download to the "Customer"'s personal mobile device.
Access to subscriptions will continue until either cancelled by the "Customer" or DGMLive.com.
In order for the "Customer" to access the downloads the "Customer" is required to have:-
an internet connection
a personal desktop computer or mobile device capable of playing downloaded music or videos in the advertized formats.
In the process of purchasing downloads from DGMLive.com the "Customer" email address will be subscribed to the DGMLive general email list. The subscription is opt-in meaning the "Customer" will receive an opt-in email after the sale asking them to opt-in to receive future promotional emails. DGMLive.com may also use the "Customer" email address to issue a one time 'Order Receipt' email to upon receipt of a successful order.
Part 2 : OWNERSHIP AND INTELLECTUAL PROPERTY
DGM is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by DGM for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."
The Site Content and Site Code are owned by DGM and/or the associated music publishers and are protected by applicable domestic and international copyright laws. Copyright © 1983-2016 DGM. All Rights Reserved. Unless expressly permitted elsewhere in the Site by DGM, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with DGM. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
DGM, the DGM logo, King Crimson, The Vicar and DGMLive.com are all trademarks and service marks belonging to or operated by DGM (the "DGM Marks"). Any product, service, or trade name other than those owned by DGM that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the DGM Marks is strictly prohibited.
DGM grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
DGM offers its Site services for entertainment purposes only. DGM does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, DGM is not responsible for errors in or omissions from the information contained or accessed through the Site. Neither DGM nor any provider of content for the site or their respective agents warrant that the site will be uninterrupted or error free, free from viruses or security breaches; nor does DGM, any provider of content to the site, or their respective agents make any warranty as to the results to be obtained from use of the site. The site content is not guaranteed to be accurate, timely or verified. All information and content on the site are provided "as is" without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content or data made available via the site is assumed solely by you. Neither DGM, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site, even if such party has been advised of the possibility of such damages.
DGM may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential.
Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. DGM shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
Part 4 : DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
Part 5 : GENERAL TERMS.
(i) Electronic mail (e-mail) must be sent to: firstname.lastname@example.org
(ii) Regular mail inquiries regarding DGMLive.com must be sent to:
Discipline Global Mobile, Ltd. PO Box 1533, SALISBURY, SP5 5ER UK.
Right to enter into this Agreement. You represent and warrant to DGM that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
This site is operated in the united Kingdom. No representation or warranty is made that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
DGM shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
13.1 To the Agreement.
DGM has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
13.2 To the Site.
DGM has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. DGM may also impose limits on certain features and services or restrict your access to parts or all of the DGM Site without notice or liability.
THANK YOU FOR VISITING DGMLive.com.