The following shall constitute a binding agreement between you and 808 Kicks – Magniz Media Service, Inh. Kersten Schäfer (“808 Kicks”) for your use of the services provided on 808kicks.com (“the Site”). This agreement together with any amendments, additional terms and rules and policies constitute the agreement between you and 808 Kicks (“the Agreement”). By purchasing from 808kicks.com, or downloading free material from 808kicks.com you accept to be bound by the terms contained in the Agreement.
1. The Service
808kicks.com provides digital recordings of music, digital samples, artwork, audio visual material, software and other associated products that you may download in accordance with the terms set out in the Agreement. The Site allows you to listen to audio clips and obtain downloads of sound recordings (“Samples”) and other related materials (“Materials”). These terms and conditions may be amended at any time by 808 Kicks. Any amendments will be posted on the 808 Kicks website. You should always review the Terms & Conditions regularly to ensure you are aware of any such changes. Your continued use of this site will constitute acceptance of the Agreement including any modifications and amendments which have been posted online.
2. Limitations of usage and copyright for the website of 808kicks.com (please scroll down for licensing details of the actual products)
This service is for personal use only. You may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any content contained on the Site except for your own personal, non-commercial use. All of 808 Kicks’s materials contained on the Site including (but not limited to) graphics, text, logos, editorial content, audio clips, the layout and selection of interfaces, software, source codes, artwork are the property of 808 Kicks and it’s content providers and is protected by law.
3. Age Requirement
You must be at least 13 years of age or older to use this service. If you are under the age of 18 you are unable to enter into this Agreement and you should get your parent or Guardian to review the Agreement and they should enter into this Agreement on your behalf.
4. System Requirements for Usage
Use of the service requires a compatible computer, internet access and certain software. Any fees payable for any such internet access or software shall be your responsibility. If you need information on the specifications of any equipment, internet access or software required to use the services provided by 808 Kicks please contact us.
5. Charges and Billing
All billing is undertaken on behalf of 808 Kicks by Paypal and references to 808 Kicks and Magniz Media Service, Inh. Kersten Schäfer in the context of charges and billing will also be deemed to refer to Paypal where relevant. You agree to pay for all the Samples and Materials that you purchase through 808 Kicks and you agree that 808 Kicks may charge your designated credit card or online account for such payment. You agree that any purchase requests you make will constitute your intent and agreement to be bound by the Agreement and to pay for such purchase. The prices quoted on the Site are subject to change from time to time.
Due to the nature of the service, refunds are only available in exceptional circumstances at management discretion.
808 Kicks may in its absolute discretion and without notice to you terminate this agreement at any time if 808 Kicks (in its reasonable opinion) believes that you have breached the provisions of the Agreement and you will remain liable for any payments owing up until and including the date of termination of the Agreement.
8. Indemnity and waiver
By using this service you agree to indemnify and hold harmless 808 Kicks and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company from any and all losses, claims, demands, causes of actions and judgements (including legal fees on an indemnity basis and court costs) which arise out of your breach of the Agreement or use of the Service. You shall not sue or seek to recover any damages or other payment from 808 Kicks and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
By agreeing to the terms of the Agreement you accept that your use of the Site and the services contained therein is at your own risk. The Site, Samples and Materials are provided “as is” and “as available” and without warranties of any kind either express or implied. This shall include (but not be limited to) all implied warranties of fitness for purpose or merchantability to the extent permitted by law. 808 Kicks shall use its reasonable efforts to protect the information submitted by you but you hereby acknowledge and accept that your submission of such information is at your own risk and no liability shall attach to 808 Kicks for any loss or liability to you relating to such information. Whilst 808 Kicks will make all reasonable efforts to ensure an interrupted service 808 Kicks does not make any guarantee represent or warrant that your use of the Site will be uninterrupted and without error and you recognise that 808 Kicks may temporarily suspend the service from time to time without notice to you in order to undertake essential Site maintenance. Whilst 808 Kicks will make all reasonable efforts to ensure that the Site will be free from viruses, corruption or loss or other security breaches and 808 Kicks makes no warranties in this regard and shall not be liable for any loss relating thereto.
You may be asked to submit personal information about yourself in order to use the services on the Site. By entering your details on the Site you hereby authorise 808 Kicks and its service and content providers to provide you with the services you have selected. All of the information you provide is essential to provide the service you have requested from 808 Kicks. 808 Kicks will not authorise any third party to send you any promotional information.
After you make a purchase we register you as recipient of our newsletter from which you can unsubscribe at any time.
When you enter the Site your computer will automatically be issued with a “Cookie”. Cookies are used by many websites in order to track traffic to their sites and validate your login details. Cookies used by 808 Kicks are text files that identify your computer to our Server and will only record those areas of the Site that you have visited.
808 Kicks will take all reasonable measures to protect the loss, misuse and alteration of the information under 808 Kicks’s control.
11. Entire Agreement
This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and any amendment or variation hereto must be in writing and signed by both parties.
This Agreement shall be interpreted in accordance with the laws of Germany and the High Court of Justice in Germany shall be the exclusive court of jurisdiction.