1. TheSpeks.com, The Speks and the recordings on this site are owned and operated by Noiz Entertainment Ltd an Irish registered company limited by shares (registered number 456408) having its principal place of business at Unit 20, Tracklands Business Park, Clonroadmore, Ennis, Co. Clare, Ireland. We can be contacted at this address by ordinary post or by using the Contact Us page on TheSpeks.com.
2. We can post or email these terms and conditions to you on request.
3. We and our secure payment service providers use the latest technology to protect your credit card information. We do not release it to any outside organisation unless compelled so to do. If you avail of our credit card purchase system you will be redirected to our payment service provider’s website and can place your orders using secure encryption strictly subject to the terms and conditions of use of our secure payment service providers. Any losses sustained by or during the transmission of personal information by email or internet links or otherwise shall be borne exclusively by you. Noiz Entertainment Ltd shall have no liability to you in respect of any losses direct or indirect or consequential.
4. We accept no liability to the fullest extent of the law for the accuracy of information contained on any of the pages on this website or in respect of any typographical errors or in relation to any information contained in any CD or MP3 detail pages or in respect of any technical inaccuracy.
5. Technologies change and accordingly we reserve the fullest right to change, modify, withdraw, add or remove portions of these terms and conditions at any time without prior notice. It is therefore your obligation to periodically review our website and our terms and conditions.
6. Any personal information received from you will not be disclosed to any third party unless that disclosure is required by law or other court order or where we suspect, or our suppliers suspect that you are or have used information or products received from us in breach of any copyright or other intellectual property rights of ours or third parties. Disclosure of any information received from you will be limited only to those that we are compelled to disclose to or to whom we deem it necessary in order to prevent or investigate fraud or a breach of copyright and to our credit card payment service provider where appropriate. We will not knowingly distribute to third parties any personally identifiable information erroneously collected from minors or children. If you are from a state which entitles you by law in that state to the provision by us of personally identifiable information stored on our database in relation to you we will in such circumstances if you request a copy of the said information provide same to you but we may charge a fee for complying with such a request. If you are aware that the personal information we hold about you is inaccurate you may also request that we alter or amend our records. We will not sell or rent or provide any information received from you to any third party excluding partners from who you may have linked to our site without your permission, save where we are compelled so to do or where such sharing of information may be deemed necessary by us to prevent a breach of copyright or fraud. We do not accept that our privacy policy creates any contractual or other legal rights which you can rely on, save where we are compelled by law.
7. We make no download speed performance guarantees and do not guarantee a successful download. You are responsible for obtaining and maintaining your own computer including all its software, hardware and appropriate firewalls, virus protection and other communication equipment used in or necessary to accessing this site or availing of any of its services or that of our payment service providers. Material available for download is made available by Noiz Entertainment Ltd for non-commercial personal use only, including any non-musical or other creative or artistic content or licences. Copyright is protected by law and this site contains copyrighted material. Downloading or accessing by you of any sample from the site constitutes and grants to you no rights of ownership or usage other than strictly personal usage.
8. You use this service at your sole risk on an “as is” basis and we disclaim any liability to you for misrepresentation or in respect of warranties regarding the service, the site or its products or the services offered through or in conjunction with the site on any expressed, implied or statutory or other basis and we exclude all warranties of merchantability fitness for a particular purpose or for non-infringement of third party rights. However, we acknowledge that some jurisdictions do not allow the disclaimer of such warranties and accordingly the foregoing disclaimer may not apply to you. If this warranty does not apply to you then your statutory rights remain unaffected. You may have other rights which vary from jurisdiction to jurisdiction.
9. We hereby disclaim and you hereby agree that we will not be liable to you or to any person for indirect special or consequential damages, lost profits, incidental damages, howsoever arising, including negligence and/or breach of duty including breach of statutory duty even where we may have been advised of the possibility or likelihood of such damages arising and any liability to you for direct damages in respect to this agreement will not exceed the total fees paid by you under this agreement. We accept that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages and accordingly the foregoing disclaimer may not apply to you. You may have other legal rights which vary from jurisdiction to jurisdiction and your statutory rights may accordingly not be affected by the foregoing disclaimer.
10. We are unable to supply goods or services to minors or children. By accessing this site you warrant that you are an adult with the legal capacity necessary according to your country of origin to enter into contracts of this nature and you agree to hold us harmless from all claims or actions if you are not.
11. We do not accept liability for hacker activity or damage caused by any viruses in any product downloaded or emailed to you from this site and including any attachments, Trojan horses or other viruses attached to or contained within such product, email or attachment. We accept no liability for any infection by computer virus bug, tampering, unauthorised access, intervention, fraud, failure, error, omission, interruption, deletion, theft, technical failure, defect or delay or any ocurance beyond our control which corrupts or affects the integrity or any aspect of this website or of your computer or in respect of any damage to any product device, machine or medium used by you in connection with or for the enjoyment or accessing of any product downloaded by you from this site or as a result of the access by you to any material whether in the nature of a download email or attachment arising from the use of or access by you to this site.
12. Noiz Entertainment Ltd does not warrant the size of any track or the amount of space it will occupy on your computer’s memory or disk space. Customers must satisfy themselves that they have sufficient space to download any music from this site and are deemed to have satisfied themselves regarding the length of time which the download of any such product may take.
13. Purchases made by you from this site will have a transaction description on your credit card statement that contains the following text: THESPEKS. Each purchase by you is a single purchase and does not entitle you to any different terms or conditions of usage other than as contained herein and each transaction by you with Noiz Entertainment Ltd is treated as a stand alone, once-off transaction. No additional rights will accrue to a customer in the usage of this site based on continuous or frequent use by the said customer.
14. Your use of any music downloaded is subject strictly to your prior acceptance of the terms of this agreement as contained herein. No commercial or promotional use of any music downloaded is authorised. Only personal use is permitted.
15. If our payment service provider declines to process your transaction we accept no responsibility to you in respect thereof and you otherwise agree fully to accept the terms and conditions of usage and payment of our payment service provider.
16. Noiz Entertainment Ltd retains all right, title, interest and intellectual property rights in and to the materials contained in this site and no proprietary or intellectual property interest or licence of any kind under any patent, trademark, database, copyright or other right is conferred by your use of or access to this site.
17. We accept no liability for, make no judgement of and give no warranty in relation to any material or as to its accuracy, time lines or suitability or as to the morality of any content on any third party site or link to or from this site and we accept no liability of any kind in respect thereto.
18. If any of the terms or conditions herein or any policy of ours is deemed unenforceable by any court in any jurisdiction then such finding of ineffectiveness will not affect the validity and enforceability of any other condition, term or policy contained herein or in our website. Only the English language shall be used in the interpretation or application of these terms, conditions and policies.
19. By using or accessing this site you agree that you will not use any automatic device or other process to monitor or copy our web pages or the content contained herein without our prior expressed written permission.
20. The terms and conditions and your use and access of this site are not assignable by you and you may not transfer any rights or obligations which you may have under this agreement without our prior written consent however we reserve the right to transfer this agreement or any agreement or contract entered into with you or any right or obligation with you under this agreement without your consent in the event of the sale by us of the business of our website or any aspect thereof. In connection with the negotiations of any sale or transfer of our obligations to you under this agreement or in connection with these terms or conditions or policies or in connection with the use or access by you of our website, you hereby agree to grant a limited right to disclose information contained in our databases relating to you in so far as same is necessary to the reasonable conclusion of negotiations in that regard.
21. Noiz Entertainment Ltd is the exclusive registered owner of The Speks, its trademarks, designs, art, general setup and any other names or logos contained on our site that are used by us and we give no permission to their use. You are strongly urged to respect all intellectual property and copyrights.
22. We reserve the right to discontinue providing this service or any part thereof with or without notice to you.
23. Our website is operated for us by or our third party website hosts and we accept no liability to you for any failure, damage or loss caused to you whether direct, consequential or otherwise arising from any matter not within our control including in relation to the hosting of our website or arising from the hosting of our website or the operation of the worldwide web or internet or arising as a result of any act of war, force majeure or external influence beyond our reasonable procurement or control.
24. Any views expressed by us do not necessarily reflect the views of any other party, artist, supplier or customer or consumer or organisation.
25. We do not accept liability or responsibility for the privacy practices or the content, terms and conditions of any other website.
26. In order to use this service you agree to pay any service fees associated with your own access to the internet.
27. We offer you the option of removing information from our databases in so far as same is not required otherwise in connection with these terms and conditions and we give you the option not to receive further communication from us in the same circumstances.
28. You hereby accept that all advertisement materials contained in our website comply with the advertising standards of Ireland and comply with good advertising standards in general as they are accepted throughout the world and by using or accessing our website you accept that we accept no liability to you for any upset caused to you or any third party arising from the standards of our advertising material.
29. Any software appliance or application used by you to open, access or enjoy any material or product or download received from us is used by you at your own risk. We do not warrant the appropriateness, effectiveness or entitlement of you to use, in relation to any software application, be it windows media player or otherwise used by you in connection therewith. If you obtain independently of our site a software or hardware application for the purposes of accessing our site you accept that you do so on the terms and conditions applicable to the use by you of such product, application or device and we accept no liability to you in respect of your use thereof or in respect of any failure of such product to adequately assist you in enjoying our product or in accessing same at all. We give no warranty as to the storage by you of any product received by you from us and storage, cleaning or manipulation or retention or filing of same by you in any medium whatsoever is done by you entirely at your own risk.
30. By accessing any part of this website, including these terms and conditions you shall be deemed to have accepted these terms in full and to have accepted that these terms and conditions and your use and/or operation of this site and any materials or digitised music received by you shall be governed by and construed in accordance with the laws of the Republic of Ireland. Whilst we endeavour to ensure that the site will always remain open, we will not be liable to you for any down time or if the site is unavailable for any time or for any period.
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