Agreement

The Website www.musicaltheatrebackingtracks.co.uk is the property of Auburn Jam Music Ltd, a music production & recording studio, based in South West London, United Kingdom.

Email: info@musicaltheatrebackingtracks.co.uk

The site is run by Joe and Nikki Davison, directors of Auburn Jam Music Ltd.

This is an agreement between you (the “Customer”) and Auburn Jam Music Ltd (the “Owners”) stating the terms of use and service of www.musicaltheatrebackingtracks.co.uk (the “Website”), which provides a permanent download service for musical theatre backing track files intended for home and private use. This agreement, together with all updates, additional terms, licenses, and Auburn Jam Music Ltd’s rules and policies, collectively constitute the “agreement” between the Customer and Auburn Jam Music Ltd.

Acceptance of Terms

By accessing and/or purchasing products from the Website, the Customer agrees to all the terms and conditions detailed in this document. If you do not agree to any of these terms of service, we ask you not use the Website or purchase our products. We reserve the right to modify this agreement periodically, so please remember to review this document on a regular basis for updates and amendments.

The terms of use and service will remain those in force on the Website at the date of the customer’s ordering. Upon modification of these terms of use, the Customer’s continued use of and purchase from the Website signifies their acceptance of any and all changes.

Accounts, Data Protection and Privacy Policy

In order to purchase and download the backing tracks available on the Website, the Customer will need to register for an account, providing information including a current and working email address owned by the customer, a password and billing address.

This information is confidential and you remain responsible for the consequences of the use of your account, and for providing correct information, modifying as and when necessary.

The terms listed below constitute Auburn Jam Music’s Privacy policy for their online services, outlining how personal details are collected, processed and used. Please note that this policy is only available for www.musicaltheatrebackingtracks.co.uk and does not apply for other third party sites linked to from our Website.

-Information requested

In order to purchase and download backing tracks from the Website, you will be asked during registration to provide some personal information including, but not limited to, your first and last name, address, country, email address, phone number or other contact information. If you do not wish to provide this information, you are under no obligation to use services that require it. You are still very welcome to visit and use the Website and the services which do not require any personal information.

There will be an active opt-in option during the purchasing process to join our mailing list, should you wish to. This will add your first and last name and email address to our list, which is administrated using Mailchimp.

-How Information Is Used

Auburn Jam Music may use information you provide to deliver to you the services you’ve purchased. These include, but are not limited to, fulfilling your requests for products and services, delivering the content you’ve purchased, helping our support to follow-up your issues. If you have opted in to join our mailing list during the registration process, we will use your information to keep in touch with you regarding offers, updates on the website and new tracks added, and any musical-theatre-related news from our production studio.

-Information Disclosure

The information you provide will only be used by Auburn Jam Music. However, your information may be disclosed where we are obliged or permitted by law. If you post or send offensive, inappropriate or objectionable content on Auburn Jam Music’s Website or otherwise engage in any disruptive behaviour on the Website, Auburn Jam Music can use collected information to stop such behaviour.

-Information sharing

Auburn Jam Music is dedicated to protecting the personal information you provide, and will not release it to any third party. Also, Auburn Jam Music will not sell, rent, swap or authorize any third party to use your e-mail address or any information that personally identifies you.

-Customer service communication

If the Customer communicated with Auburn Jam Music via e-mail, telephone, web form or by posting a comment on the website, we may retain such information in the records of your account. We do so in order to measure and improve our customer service and to protect ourselves against potential fraud and violations of our Terms of service.

-Cookies

Cookies are small amounts of data sent to your computer. They may be used to store or recall some information such as your password or user name so that you do not need to re-enter that data each time you use our Website. Please note that your browser could be configured to accept or reject cookies, or notify you when a cookie is set, so you may need to enable cookies from www.musicaltheatrebackingtracks.co.uk to use some of the services on our Website.

-Information changes

The Customer always has the right to access their personal information, the right to rectify or to complete it if it is inaccurate or incomplete, as well as the right to oppose its use in any way not authorised by this document.

Any such request should be made by email to info@musicaltheatrebackingtracks.co.uk

-Security

Auburn Jam Music cares about the security of your personal information. In order to ensure data privacy, security, and protect against the loss, misuse or alteration of the information under our control, our database is security protected.

Account deactivation

Auburn Jam Music may deactivate, without notice or allowance, your account in case of disrespect by you of these general conditions, of abuse of the public comment sections of the Website, of illegal distribution or use of the products provided, of failure to pay the due sums, or other acts against Auburn Jam Music’s interests.

If you wish to deactivate your account, please email your request to info@musicaltheatrebackingtracks.co.uk

Licensing, Copyrights, and Trademarks

Auburn Jam Music holds a Limited Online Music License from PRS For Music granting the Website permission to reproduce and sell instrumental backing tracks to the Customer in the form of permanent file downloads from the Website.

All musical material available on the website is re-recorded in a professional music production and recording studio, and does not use any feature of the original recordings. All contents of the Website are subject to the appropriate copyright, trademark or other intellectual property laws, and may only be used for home and private use. If you wish to use the tracks for public performance or broadcast, it is your responsibility to contact PRS For Music or an alternative licensor to obtain the appropriate permission.

Quotes for fast-tracking the production of a backing track for an agreed deadline are provided on the understanding that we are charging significantly less than our full music production rates, and as such the publishing rights for tracks remain with us to sell again on the site.

It is not permitted for any content, downloads or instrumental tracks obtained through the Website to be copied, reproduced, modified, published, distributed, broadcast, transmitted, edited, altered, sampled or used to create derivative works without express written permission from Auburn Jam Music and/or any appropriate third parties. Any copyright infringement will result in the closure of your account, termination of our services to you and potential legal action.

Changes to the Website

Although we will strive to give as much notice as possible, Auburn Jam Music reserves the right to change, modify or discontinue any or all content and/or services of the Website without notice and without liability to you or any other parties.

Payment and Pricing

You agree to pay for all products you purchase through this service, and that Auburn Jam Music may charge your credit card or other payment system integrated on the Website for any products purchased, and for any additional amounts (including any taxes) as may be accrued by or in connection with your account. You are responsible for providing Auburn Jam Music with valid credit card information or information for other payment systems presented on the Website for payment of all fees.

During the ordering process and until the payment, you can cancel or modify your order. The payment is made online after the validation of the order by PayPal, which in most cases is an immediate process. At our discretion, with the condition of making the request by email, the payment could also be made by bank transfer. We invite you to contact us at info@musicaltheatrebackingtracks.co.uk if this is necessary, though products purchased this way will not be available for instant download.

Please note that although it is a rare occurrence, on occasion the communication between our website and PayPal can be slightly delayed and your order remains in ‘Processing’ mode until our site is notified by PayPal of payment cleared. This delay usually resolves itself within an hour but the process is unfortunately out of our control and as such, we cannot be held responsible for any delays in receiving your track. However, if you do have any problems we invite you to contact us first and foremost at info@musicaltheatrebackingtracks.co.uk, as we can very easily override your order status from ‘Processing’ to ‘Complete’ if we can see that payment has been made. We ask customers to contact us first through our own website before raising an issue with PayPal as this will put your payment on hold and we will then be unable to manually override to give you access to your track. We will respond to your query and take action as soon as possible. Refunds will not be granted on the basis of delayed delivery and we cannot be held responsible for orders being placed at the last minute of requirement, it is your responsibility to place your order in good time before you require the track to allow us time to resolve any issues.

Auburn Jam Music has the right to change prices and availability of any product at any time.

Quotes for fast-tracking the production of a backing track for an agreed deadline are provided on the understanding that we are charging significantly less than our full music production rates and as such the publishing rights for tracks remain with us to sell again on the site.

Downloading

The Website supplies tracks which are downloadable in MP3 or ZIP file format. The customer can use their registered email address and password to access the download link in their account, and will also receive an email containing the download link. Please note that the download link is limited to only two uses. Customers who have reached their download link limit will be required to re-order at the prices set out in the current price list. Should the customer have any problems with downloading purchased products, they should contact Auburn Jam Music by emailing info@musicaltheatrebackingtracks.co.uk.

Auburn Jam Music recommends Google Chrome, Internet Explorer 8+ or Mozilla Firefox to download purchases and cannot offer support for any other platforms or third party software.

Refunds and Returns Policy

We have a full replacement policy on defective downloads. Although extreme care is taken to ensure that MP3 instrumental tracks are in suitable condition, digital and dowload errors beyond our control do occur, and in the event of a defective download, the Website will provide a full replacement if notified promptly of the defect and provided with adequate proof of the problem. Defective tracks will only be exchanged for the same title.

Due to the digitized nature of our products, non-defective downloads are not returnable or refundable. We work hard to create professional quality backing tracks, and we provide information on the original recordings which each track is based on, as well as audio samples of at least 30 seconds on all tracks for sale, at full quality 320kbps. We encourage you to carefully read the Description and Additional Information on each track page, and sample the audio, before committing to a purchase. As such there are no exchanges based on the track differing from your expectations, or the subjective production values of the download, or for any other reason unless deemed appropriate by Auburn Jam Music. Once downloading has commenced we cannot accept cancellations or provide any refunds.

Please note that although it is a rare occurrence, on occasion the communication between our website and PayPal can be slightly delayed and your order remains in ‘Processing’ mode until our site is notified by PayPal of payment cleared. This delay usually resolves itself within an hour but the process is unfortunately out of our control and as such, we cannot be held responsible for any delays in receiving your track. However, if you do have any problems we invite you to contact us first and foremost at info@musicaltheatrebackingtracks.co.uk, as we can very easily override your order status from ‘Processing’ to ‘Complete’ if we can see that payment has been made. We ask customers to contact us first through our own website before raising an issue with PayPal as this will put your payment on hold and we will then be unable to manually override your order to give you access to your track. We will respond to your query and take action as soon as possible. Refunds will not be granted on the basis of delayed delivery and we cannot be held responsible for orders being placed at the last minute of requirement, sit is your responsibility to place your order in good time before you require the track to allow us time to resolve any issues.

Also in case of deactivation of the Customer’s account, damage, destruction or loss of the Customer’s products due to their own fault, we are sorry to say that refunds will not be applicable, unless deemed appropriate by Auburn Jam Music.

Disclaimer of Warranties

Use of the Website is at your own risk. The content and service is provided on an “as is” basis. Auburn Jam Music offers no warranty of any kind, express or implied. Although all due care will be taken, Auburn Jam Music cannot warrant that content on this Website is completely accurate, that this Website will be available at any particular time, or that any errors will be corrected.

Auburn Jam Music cannot be liable for the access speed of the Website from other websites, the access speed in Website pages opening or consultation, downloading speed, external slowdown, suspension or inaccessibility of its services.

Although all due care will be taken, Auburn Jam Music cannot be liable in any case for the lack of protection of your technical equipment, in particular against any form of contamination by viruses and/or intrusion attempts which are under your responsibility.

Installation, use and maintenance of your technical equipment in order to access the Website are under your responsibility. Auburn Jam Music cannot be liable for the incompatibility of the Website or malfunctions with some of your software, configurations, operating system or equipment.

Third Party Websites

Auburn Jam Music does not control the content of the internet outside of its Website. We may provide links to other sites which are beyond our control. Inclusion of a link is not an endorsement or recommendation of the site. You acknowledge that Auburn Jam Music is not responsible for the content of third party sites and understand that we make no claims as to the quality or legality of any such site and hereby waive any claim you might have in regard to such.

Applicable Law

This User Agreement, Terms of Service and Privacy Policy, and any dispute arising thereof, shall be governed by and construed in accordance with the laws of the United Kingdom. You agree that any litigation arising out of these terms of service or your use of this Website shall be filed only in the United Kingdom.