The Spirit of Turtle
Terms and Conditions
This is a legal and binding agreement between you (hereafter referred to as the User) and spiritofturtle.com (hereafter referred to as the Site), stating the terms that govern the User’s use of the The Spirit of Turtle digital store and website. Together with any updates, additional terms, software licenses, and the Site’s related rules and policies shall collectively constitute the agreement (hereafter referred to as the Agreement) between you and The Spirit of Turtle / Edison Production Company (hereafter referred to as the Company) to agree to these terms, click “I Agree”. If you do not agree to these terms, do not click “I Agree”, and do not use the Site. If you use any part of the Site, by that use, you are agreeing to the terms of this agreement. You must accept and abide by these terms as presented to you: changes, additions, or deletions are not acceptable, and, in addition to other remedies, the Company may refuse you access to the Site for noncompliance of any part of this Agreement.
1 Definitions of the “The Spirit of Turtle Store” and “Products”
The Spirit of Turtle is a registered operating name of Edison Production Company BV, that manages the spiritofturtle.com site, and permits you to purchase compact discs and downloads of musical content (“Products”) encoded using a high-definition or “lossless” codec, under certain terms and conditions as set forth in this Agreement. Products may be purchased in the form of a full-length album. However, as addressed below, each purchase of a Product shall be deemed a final, nonrefundable sale. Further, there is no assurance that Products will be compatible with any particular digital service or compact disc reader.
2 System Requirements
Use of the Site requires Internet access (fees may apply), a compatible device, and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because of the use of the Site involves hardware, software, and Internet access, your ability to use the Site may be affected by the performance of these factors. Do not use the Site unless you have high-speed Internet access. You acknowledge and agree that such system requirements, shall not be construed to represent or guarantee you access to the Site.
3 Policies and Rules
5 Your Information
You agree to provide accurate, current, and complete information required to register with the Site and at other points as may be required in the course of using the Site (“Registration Data”). You further agree to maintain and update your Registration Data and Account Information as required to keep it accurate, current, and complete. the Company may terminate your rights to any or all of the Site if any information you provide is false, inaccurate or incomplete. You agree that the Company may store and use the Registration Data and Account Information you provide (including credit card information, even if we state we are not storing your credit card information) for use in maintaining your accounts and billing fees to your credit card.
6 Age requirements
The Site is available for individuals aged 18 years or older.
7 Objectionable Material
You understand that by using the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Site at your sole risk and that the Company shall have no liability to you for content that may be found offensive, indecent, or objectionable.
8 User Account and Security
8a Account and Password
As a registered user of the Site, you may receive or establish an account and sub accounts (individually) and collectively referred to as “Account”. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately justify the Company of any unauthorized use of your Account or any other breach of security. The Company shall not be responsible for any losses arising out of unauthorized use of your Account.
You understand that the Site, and Products purchased through the Site, do not utilize any digital rights management or DRM. As such, you, the consumer, hereby agree to adhere to the laws of the Netherlands protecting copyrighted intellectual property, and shall refrain from illegally copying, selling, or otherwise exploiting the Products in any manner. Violations of the Netherlands Copyright Law may result in civil and/or criminal liability.
9 Purchase of Products from the Site
9a Products Requirements
You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility to not lose, destroy, or damage the Product, and the Company shall be without liability to you in the event to any loss, destruction, or damage.
9b Use of Products
You acknowledge that your use of the Products is limited to your own personal use, and the Products shall not be commercially exploited by you in any way and is subject to the Site’s Usage Rules which you hereby agreed to. Your use of the Products is conditioned upon your prior acceptance of the terms in this Agreement. You shall furthermore be authorized to use the Products only for personal, noncommercial use. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
9d Continuation and Discontinuation
You acknowledge that some aspects of the Site and the purchase of Products, may entail the ongoing involvement of the Site. Accordingly, in the event that the Company changes any part of the Site or discontinues the Site, which the Company may do at its election, at any time, with or without notice to the you, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that the Company shall have no liability to you in such case.
10 Interactive Features
The Site may offer interactive features that allow you to, among other things, submit or post information and materials on areas of the Site, accessible and viewable by other users of the Site and the public. You agree that any use by you and such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover you hereby grant the Company a worldwide, royalty-free, nonexclusive license to use such materials as part of the Site, and in relation to Products, without any compensation or obligation to you. The Company reserves the right to not post or publish materials, and to delete or remove or edit any material, at any time in its sole discretion without liability.
The Site is available worldwide.
12 Agreement to Pay
12a Payment for Products
You agree to pay for all Products you purchase through the Site, and that the Company may charge your credit card for any Products purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued (collectively “Fees”) by or in connection with your Account.
12b Right to Change Prices and Availability of Products
Prices and availability of any products are subject to change at any time.
12c Electronic Signatures and Contracts
Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into when using our Site, including notices of cancellation, policies, contracts, and applications.
12d Required Hardware and Software
In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
13 Delivery of Products
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to a Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by the Company.
14 Intellectual Property
14a Acknowledgement of Ownership
You agree that the Site, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by the Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site in compliance with the terms of this Agreement. No portion of the Site may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site, or in any manner. You shall not exploit the Site in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
14b Removal of Content or Other Materials
Notwithstanding any other provisions of this Agreement, the Company and its licensors reserve the right to change, suspend, remove, or disable access to any such Products, content or materials under this Agreement. The Company may also impose limits on the use of or access to certain features or portions of the Digital Store, in any case without notice or liability.
All copyrights in and to the Site, including but not limited to the Site (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by the Company and/or its licensors. The use of the software or any part of the Site, except for the use of the Site as permitted in these terms, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
15a Termination by the Company
If you fail, or if the Company suspects in its sole determination that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Fees due, failure to provide the Company with a valid credit card or with accurate and complete Registration Data, Billing Information, User Profile information, and information in Add Funds, failure to safeguard your Account Information, or violation of the Usage Rules or any license to the software, the Company, in its sole discretion, without notice to you may: (1.) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (2.) terminate the license to the software; and/or (3.) preclude access to the Site (or any part thereof).
15b Termination of the Site
The Company reserves the right to modify, suspend, or discontinue the Site (or any part or content thereof) at any time with or without notice to you, and the Company will not be liable to you or to any third party should it exercise such rights.
16 General Compliance with Laws
The Site is controlled and operated by Edison Production Company BV of the Netherlands. You agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the Site.
17 Enforcement of These Terms
The Company reserves the right to take steps the Company believes are reasonably necessary and appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company’s right to cooperate with any legal process relating to your use of the Site and/or Products, and/or third-party claim that your use of the Site and/or Products is unlawful and/or infringes such third party’s rights). You agree that the Company has the right, without liability to you, to disclose any Registration Data and/or Account Information to law enforcement authorities, government officials, and/or any third party as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company’s right to cooperate with any legal process relating to your use of the Site and/or Products, and/or a third party claim that your use of the Site and/or Products is unlawful and/or infringes such third party’s rights).
18 No Responsibility for the third-party Material or Websites
Certain content, Products, and Sites available via the Site may include materials from third parties. In addition, the Company may provide links to certain third-party websites. You acknowledge and agree that the Company is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Sites of third parties. Links to other websites are provided solely as a convenience to you.
19 Disclaimer of Warranties; Liability Limitations
19a Availability of the Site
The Company does not guarantee, represent, or warrant that your use of the Site will be uninterrupted or error-free, and you agree that from time to time the Company may remove the Site for indefinite periods of time, or cancel the Site at any time, without notice to you and without liability to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Products and Sites delivered to you through the Site are (except as expressly stated by the Company) provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Sites or for any other claim related in any way to your use of the Site, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or Product) posted, transmitted, or otherwise made available via the Digital store, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability this clause shall be limited to the extent permitted by law.
19d The Company shall use reasonable efforts to protect information submitted by you in connection with the Site, but you acknowledge and agree that your submission of such information is at your sole risk, and the Company hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
19e Security Intrusions
The Company does not represent or guarantee that the Site will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Company disclaims any liability relating thereto. You shall be responsible for backing up your own system.
20 Waiver and Indemnity
By using the Site, you agree to indemnify and hold the Company, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of our breach of this Agreement, your use of the Site, or any action taken by the Company as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages from the Company, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Site, or to take any other action during the investigation of a suspended violation or as a result of the Company’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.
The Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Site. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Site after Additional Terms are hereby incorporated into this Agreement by this reference.
The Company may send you a notice with respect to the Site by sending an email message to the email address listed in your Account contact information, by sending a message to you through our store, by sending a letter via postal mail to the contact address listed in your Account information, or by general posting in the Site. Notices shall become effective immediately.
23 Governing Law
The laws of the Netherlands, excluding its conflicts of law and rules, govern these Terms and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Site resides in the courts of the Netherlands.
Edison Production Company B.V.
4175 CA Haaften