Use of this site and purchase of our services is governed by the terms and conditions described below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Move2Digital reserves the right to make modifications to these Terms & Conditions at any time and without notice to users. You accept the obligation to review these Terms & Conditions, and your use of this site constitutes an acceptance to be bound by any modifications.
1. You agree that your use of Move2Digital's CD conversion service is at your own risk and that our advice, assistance or guidance on this site does not constitute the acceptance of any liability. You also agree to provide true, accurate and complete information about yourself and your CDs in the order form, on completion of which requires you read and accept these terms and conditions.
2. Further you also agree that and orders submitted to Move2Digital incorporating any number of 'Copy Protected', non standard (for the purposes of clarification this shall include any CD that does not conform to the open Red Book audio standard), or CD's which are deemed to be unplayable (via damage or compatibility) will not be encoded. In the event of this, you understand that you will be charged for this CD.
3. In addition, Move2Digital nor any of its subsidiaries or affiliates will hold any audio data other than that required for the duration of a CD encode. That is to say that in the case of any loss of shipment, damage to media or music device, Move2Digital shall require the CD collection to be re encoded on its premises. The reader accepts that Move2Digital will not retain or use his/her audio files for any other purpose than that granted.
4. This service is used to transform your own audio materials into a digital format. It is only available for conversion of materials you are authorised or legally permitted to change in format, materials in which you own the relevant copyrights, or non-copyrighted materials. It is your responsibility, not Move2Digital's, to ensure that any material that you convert using Move2Digital does not violate anyone's copyright and that the conversion process does not violate anyone's copyright. You agree to defend and hold Move2Digital harmless from any violation of copyright laws by your use of this service. If you are uncertain about your right to copy, convert or permit access to any material, you should contact your solicitor.
5. You agree not to permit any resulting digital files to be used in a manner which you would not be allowed to use the CD submitted for conversion.
6. If Move2Digital receives a notice alleging that you have engaged in behavior that infringes another's intellectual property rights or reasonably suspects the same, Move2Digital may terminate your order. If Move2Digital suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
7. You agree to indemnify and hold Move2Digital harmless from any claim made against Move2Digital by breach of this agreement and agree to pay any judgment or reasonable settlement offer resulting from any such demand or claim, and to pay any and all legal fees incurred by Move2Digital in defending against such demand or claim.
8. Neither Move2Digital nor any of its officers, directors, affiliates, subsidiaries, suppliers or service providers will be liable for any direct damages, nor shall any adjustment, refund or credit of any kind be made in excess or the lesser of £200.00 or the amount paid to Move2Digital for the conversion services.
9. In no event will Move2Digital or its officers, directors, affiliates, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, inclusion, omission, shipment, misdelivery, non delivery, misinformation, other direct or indirect damages, or failure to provide converted materials, or shipping services to the extent caused by or resulting from:
10. Your acts, defaults or omissions;
Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
Your failure to provide an accurate shipping address or other pertinent information;
Acts, defaults or omissions of any person or entity other than Move2Digital, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation;
Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice;
Our release of shipments without obtaining a signature if a signature release is on file; or Our provision of advice, assistance or guidance on this site does not constitute acceptance of any liability whatsoever.
At our option, we will either refund or credit the charges you paid for the services (including shipping charges, if applicable) upon your request if we fail to properly provide the services or to properly ship the products, subject to limitations described above. In order to qualify for a refund or credit due to service failure, the following limitations apply: To obtain a refund or credit, at our option, for a service failure, You must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up.
11. In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection. The right to damages against Move2Digital under any cause of action arising from or related to the provision of Services or Products or shipment of any Products shall be extinguished unless an action is brought within one (1) year of the date of order.
12. No contract is formed between you and Move2Digital until Move2Digital exercises the authorization to charge your credit card, and the charge is validated and accepted by your credit card company.
Because this site is viewable internationally, not all products and services mentioned will be available in your country. If you have any questions about international service, email us at firstname.lastname@example.org.
13. You agree to indemnify, defend and hold Move2Digital, its officers, directors, employees, shareholders, agents, affiliates. Subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to legal fees) that arise directly or indirectly from; (a) your breach of any provision of this agreement; (b) any allegation that any materials you provide constitute Infringing Materials
14. Said terms and conditions shall be governed by the laws of the United Kingdom and subject to the exclusive jurisdiction of the courts of the United Kingdom.