The Wizard of Oz Funland Terms and Conditions (“Agreement”)
This Agreement was last modified on November 13, 2013.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://ozfunland.com/funland (“the Site”) operated by The Wizard of Oz Funland (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://ozfunland.com/funland.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by The Wizard of Oz Funland and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by The Wizard of Oz Funland.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law.
If you wish to register with the Website, you must enter the “Log In” page on the Website and register using our online registration process. In doing so you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.
You will also receive an account upon completing the Website’s registration process. Irrespective of whether you choose to use the “remember me” function that we offer in relation to your password/user ID, you are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
- We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying Juno Download, their licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Juno Download as part of or in conjunction with the hyperlink.
- We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
- You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Please be aware that when you complete a purchase, the purchased track is instantly impregnated with a ‘watermark’. This watermark contains your unique ID and cannot be removed. We constantly monitor the internet and P2P websites for breaches of our and our licensors copyright emanating from tracks originally purchased from the Website. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who’s copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.
- You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions. The Website is Copyright, “© 2013 – 2014 The Wizard of Oz Funland. All rights reserved”.
- We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
- Purchasing from this Website you represent and warrant that you are at least 18 years of age.
- You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. All Digital Recordings provided via the Website are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantibility, fitness for a particular purpose, title and non infringement.
- We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.
- We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party’s hypertext link.
- Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
- If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
- Music Downloaded From The Website (“Downloads”)
- Your use of the Downloads from the Website is conditional upon your prior acceptance of all Conditions referred to herein.
- All sales are final, and there are no refunds. A sale is confirmed immediately when you begin to download a song from the Website and you will have no right to cancel your contract once the sale commences.You will have 5 days to download the files, after which the file will be unavailable. All files are zipped and password protected.The zip file password will be listed on the receipt of the purchase. If you have any problems unzipping the files please contact me.
- Payment is through Paypal, and you will be directed to there secure server for transactions. Paypal will be clearly identified and link to their own privacy policies so you know which company is collecting your personal information. You should refer to those policies for any privacy-related concerns regarding your purchase with them.
- The price for a particular Download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.
- We reserve the right to change options relating to music downloadable from the Website without prior notice.
- You shall be authorised, to the extent permitted by law, to use, burn and export Downloads purchased only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a Download to you does not transfer to you any commercial or promotional use rights in the product.
- For assistance with billing questions or other enquiries please contact us by clicking here: http://ozfunland.com/funland/contact/