Terms
Smash hits Terms and Conditions
Acceptance of terms
This service is provided by DX3 Technologies Ltd, Clydesdale Bank House, 33 Regent Street, London, SW1Y 4NB. Usage of the service provided at smashhits.musimob.com ("the Website") and the services and content provided herein is done solely in acceptance of these Terms and Conditions. By using the Service and Services, you are fully accepting these Terms and Conditions.
These Terms and Conditions are subject to change at any time and in continuing to use the website, you shall be deemed to accept any changes in the Terms and Conditions.
Use of the Website
The Website provides access to purchase legal, licensed music downloads for use on personal computers and mobile telephones and personalisation products for mobile telephones, including but not limited to realtone ringtones ("The Services"). These Services are for your personal and non-commercial use only and you are not authorised to make any copies of any downloads other than for personal use and where permitted by the Digital Rights Management restrictions pertaining to each particular piece of content. You hereby accept that your personal computer and/or mobile telephone meet the minimum technical requirements for the Services as stated elsewhere on the Website.
Use of the Service
You accept that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content") are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content.
You may not use the Service in anyway or transmit any material to our site
which is illegal, explicit, obscene, libellous, discriminatory, offensive or abusive;
that infringes third party rights (including intellectual property rights);
that contains viruses or matter which interferes with the correct operation of the site or Service.
You agree that by using the Service, you may encounter Content that may be deemed explicit, offensive, indecent, or objectionable. We endeavour to label such content as "explicit" but cannot guarantee to be able to do so in all instances. You agree to use the Service at your sole risk and, to the extent permitted by law, DX3 Technologies Ltd shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Age requirements for use of the Service
Parents or legal guardians who wish to allow their children under the age of 18 access to and use of the Website/Services should supervise such access and usage. Use of the Website and Services by children is deemed to be with the approval and supervision of the child's parents or legal guardians.
Registration and security
You will need to register your details in order to make purchases from the Website. Registration requires you to provide your name, email address, postal address, password and details of your payment card.
You are solely responsible for maintaining the confidentiality and security of your account and are responsible for any charges that result from use of your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will DX3 Technologies Ltd be liable for any charges whatsoever resulting from the disclosure of your username and/or password.
You agree to indemnify DX3 Technologies Ltd, its directors, officers, employees, affiliates, agents, contractors, franchisees and licensors, as applicable, for any unauthorised or illegal use of the Service by you or by any person obtaining access to the Service by using your username and password, whether or not you authorised such access.
Termination
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
International use
This service is only available in the UK and Ireland.
Intellectual property rights
The Website and its Services (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.
Disclaimers and limitation of liability
Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, DX3 Technologies Ltd will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
DX3 Technologies Ltd make no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
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