Terms & Conditions of Use, Sale & Licensing
Important information that you should read
Please read these terms and conditions, and the privacy policy, and check them regularly for updates.
1.0 Definitions
You should read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://scamblermusic.com website (the “Service”) operated by Scambler/ScamblerMusic.com (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
2.0 Purchases
Whether purchasing a chart album for personal listening, or licensing a royalty free album for non-commercial/commercial use, all rights of the producer and the owner of the work are reserved. Scambler retains full copyright, ownership and writer/publisher rights of all music downloads.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that ScamblerMusic.com is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that ScamblerMusic.com cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
3.0 Licensing
The contents of royalty free album downloads are licensed, not sold, by ScamblerMusic.com. Ownership remains with ScamblerMusic.com. You are responsible for selecting the correct licence agreement before making a purchase – incorrect licence selection and music usage is a violation of applicable laws and will result in legal action. Copying, duplication, lending or re-selling of royalty free downloads in whole or part are strictly prohibited. This non-exclusive licence is granted for a single-user only on a global basis for the full copyright protection period. The licence is non-transferable. You cannot electronically transfer the music files or place them in a time-sharing or service bureau operation or a computer/sampler network. Neither the composer, producer, nor ScamblerMusic.com can be held responsible for any direct or indirect consequential loss arising from the use of this product in whatever form. All rights of the producer and the owner of the work are reserved. Unauthorised duplication of this download is a violation of applicable laws.
All music is copyrighted and is licensed, not sold, and it is therefore illegal to:
- Claim licensed music as your own or transfer the licence to another party.
- Sell, relicense, transfer, share or give away licensed music.
- Register or stream licensed music on any platform.
- Sample, remix or otherwise reproduce licensed music.
- Re-release, redistribute or otherwise republish licensed music.
- Register the music to the Facebook Rights Manager Service.
Infringement of the royalty free licensing agreement and these Terms is a violation of applicable laws and will result in legal action.
4.0 Cancellations and Refunds
The Consumer Rights Act entitles shoppers to claim refunds that relate to 1. unsatisfactory quality, 2. not being fit for purpose, and 3. not being as described by the seller. All music files provided are 320kbps CD quality MP3s. MP3 music files are a global standard for music distribution, downloads and software. MP3s are downloaded as Zip files, and these are designed to be opened and used on any system using freely available Zip software – if this is a problem files can be sent via www.wetransfer.com on request. All chart album and royalty free album web pages feature a description and classification (genre), there is an audio preview featuring every album track that can be played before download, and track lists, track length, album run time and download size are all clearly detailed. In the unlikely event that a downloaded Zip or MP3 file should be corrupt simply get in touch and request a replacement. Refunds will only be made if the shopper can prove that a download is either 1. of unsatisfactory quality, 2. not fit for purpose, or 3. not as described. If an order is cancelled before files are downloaded then a refund will be provided.
5.0 Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
6.0 Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
7.0 Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of ScamblerMusic.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ScamblerMusic.com.
8.0 Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ScamblerMusic.com.
ScamblerMusic.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ScamblerMusic.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
9.0 Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10.0 Indemnification
You agree to defend, indemnify and hold harmless ScamblerMusic.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
11.0 Limitation Of Liability
In no event shall ScamblerMusic.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12.0 Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ScamblerMusic.com its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
13.0 Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will ScamblerMusic.com ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by ScamblerMusic.com or any person for whom ScamblerMusic.com is responsible, and even if ScamblerMusic.com has been advised of the possibility of such loss or damage being incurred.
14.0 Governing Law
These Terms shall be governed and construed in accordance with the laws of Scotland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
15.0 Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
16.0 Privacy Policy and Cookie Policy
Please refer to our privacy policy and cookies policy. You agree that they constitute part of these terms. You must read our privacy policy and cookies policy before you use the Service.
17.0 Contact Us
If you have any questions about these terms and conditions please get in touch.