This Terms of Use Agreement applies to use of the CustomKaraokeSongs.com website. The Site is the property of CKS Karaoke ProductionS© Corporation. Before you make any purchases, you must first establish a customer account by Clicking "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.
CustomKaraokeSongs.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, CustomKaraokeSongs.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice. All media, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to CustomKaraokeSongs.com, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without CustomKaraokeSongs.com’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and CustomKaraokeSongs.com reserves all rights not expressly granted hereunder. CustomKaraokeSongs.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
CustomKaraokeSongs.com is a registered trademark of CustomKaraokeSongs.com. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of CustomKaraokeSongs.com. All other trademarks or service marks are property of their respective owners. The use of any CustomKaraokeSongs.com trademark or service mark without CustomKaraokeSongs.com’s express written consent is strictly prohibited.
2. Registration; Customer Accounts; Use of Site. All services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify CustomKaraokeSongs.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by CustomKaraokeSongs.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that CustomKaraokeSongs.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that CustomKaraokeSongs.com will not be liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information.
What information do we collect from you?
In order to better provide you with numerous products and services, we collect two types of information about its visitors: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.
Personally Identifiable Information
This refers to information that lets us know the specifics of who you are. Personal information is requested when you register and set up an account, order a product or service, register for a Gift List, enter contests or sweepstakes, fill out surveys, and send us feedback. For example, this information might include your name, billing address, shipping address, telephone number, e-mail address, credit card or other payment information, and product details. With this information, we can fill your orders and better provide you with personalized services.
Non-Personally Identifiable Information
This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you shop on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. For example, this information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.
On an aggregated basis, we collect anonymous data related to the pages, products, downloads and other content that is sampled, clicked on, streamed, searched for, transferred from and downloaded. Except as otherwise limited in this Policy, we may not disclose, sell, trade, or rent Non-Personally Identifiable Information to others without your consent.
Where do we collect information from you and how do we use it?
Our primary goal in collecting personal information is to provide our visitors with a superior customized online experience. We use the customer contact information to fill orders, contact purchasers to inform them of their order status, to send promotional information, to enhance the operation of our site and administer our systems.
We gather information in the following ways: :
Shopping
We collect information from visitors to our site regarding the URLs they came from, domain types (e.g., .com or .org), their IP addresses, the date and time of their visit or order, the number of visits and orders, the number of visits per browsing session, the server type, the operating system and browser type used to come to the site, the country, state and telephone area code where their servers are located, the pages and page titles of our site that visitors viewed during their visit, whether the visitor's computer is enabled for Java or cookies, browser language, applications and plug-ins, and any search terms entered on our site.
Ordering
When you order from us, we collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address, page you bought from and a password. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contained and these changes will be automatically kept for future use. We may require additional verifications or information before accepting any order.
Gift Certificates
If you purchase a gift certificate from our site, you will give us the recipient's name and e-mail address if you wish to send the certificate by e-mail. The recipient information you give us will only be used to send the gift certificate and for no other purpose.
Digital Downloads
When you order a download or a product from us, we collect personally identifiable information from you. We collect and maintain your such personally identifiable information as your name, e-mail address, billing and shipping address, company name, company, home, facsimile and shipping contact telephone numbers, music selections, credit card or other payment information, order number, referring URL, IP address, page you bought from and a password. We collect this, and other information, as disclosed in this Policy, in order to deliver the download, to pay royalties and license fees, to administer our site and to send you promotional materials. When you download a digital file, there are broad but necessary limits placed upon how you may copy, use and transfer that download to approved computers, electronic devices and media. In the future, those limits might be extended in exchange for your agreement to allow use of your Personally Identifiable Information in creative ways.
Newsletters, Promotional E-mails and Personalized On-line Ads
We offer free newsletters, promotional e-mails and personalized on-line advertisements as a service to our customers. We will send you newsletters and e-mails periodically listing current specials and deals. You may "opt-out," or unsubscribe from our newsletters, emails or personalized on-line advertisements by following any unsubscribe instructions in any e-mail, newsletter or personalized on-line advertisement you receive from us, or by updating you account information.. After doing so, if you have opted out of receiving all newsletters, all promotional emails or all personalized on-line ads, you will not receive future promotional emails, newsletters or personalized on-line advertisements (as applicable), unless you open a new account.
Contact Information and Third Party Data
If you contact us thru our customer service representatives by e-mail, we may keep a record of your comments. If you report a problem with our site, we may collect such information in a file specific to you. If you contact us through our feedback area or by calling one of our customer service representatives, we may ask for your name, e-mail address and order information in order to send you a reply.
Advertising
We may display advertisements on our site. By knowing a little about you, we will be able to deliver more relevant advertisements and content to you in the form of targeted banners and promotions.
Web Site Use
We also track customers' traffic patterns throughout their online session, including which pages, information and advertisements a customer views while using the site and what items they place in their basket or purchase. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.
Cookies
We not use cookies and do not allow others to use cookies in the operation of our site; to find out what cookies are and how they are used please search via Google.
Who is collecting your information?
Links and Banner Ads to Third-Party Sites
Please be aware that our site may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those websites linking from or to our site are not covered by this Policy. These other sites may send their own cookies to users, collect data, or solicit personal information. Additionally, other companies or ad servers, which place advertising on our site may collect information about you through the use of cookies when you view or click on their advertising. We cannot control this collection of information. You should contact advertisers directly if you have any questions about their use of the information that they collect.
With whom do we share your information?
Fulfillment.
The information collected by CustomKaraokeSongs.com is used for processing orders, keeping you informed about your order status, for statistical purposes, for improving our site and its performance, to serve ads, and to notify you of products or special offers that may be of interest to you. We will disclose your Personally Identifiable Information to third parties to charge your credit card, fill your order, deliver your order, provide customer service, provide you with credit and deliver promotional e-mails to you from us. For example, we must release your credit card information to the card-issuing bank to confirm payment; and release your address and telephone information to the delivery service to deliver products that you ordered.
How can you update or correct your Personally Identifiable Information?
We believe you should have the ability to access and edit the personal information that you have provided to us. During the online ordering process you can review, change, or delete the information that you have submitted. You may change any of your personal information in your account online at any time. We encourage you to promptly update your information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Also, as a security measure we "back up" the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your Personally Identifiable Information will be completely removed from our backed-up databases.
What are your choices regarding collection, use, and distribution of your information?
You may "opt-out," or unsubscribe from our newsletters, emails or personalized on-line advertisements by following any unsubscribe instructions in any e-mail, newsletter or personalized on-line advertisement you receive from us, or by updating your account. After doing so, if you have opted out of receiving all newsletters, all promotional emails or all personalized on-line ads, you will not receive future promotional emails, newsletters or personalized on-line advertisements (as applicable), unless you open a new account, enter a contest, or otherwise subsequently sign up to receive newsletters, emails or personalized on-line advertisements.
You may also set your browser so that it will not accept "cookies" to prevent assignment from the ad server of a unique identifier; however, you may experience difficulty shopping on our site and performing other transactions if you do so.
What security precautions are in place to protect against the loss, misuse, or alteration of your information?
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Within CustomKaraokeSongs.com, your information is kept on password protected, limited access servers. Wherever possible and applicable, CustomKaraokeSongs.com servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet.
A special note about children's privacy
You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors under 13 years of age. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, please contact us at sales@customkaraokesongs.com so that we may delete the child's information.
CustomKaraokeSongs.com.com and third-party use of "cookies" and "action tags."
Cookies: When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to CustomKaraokeSongs.com. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, allow you to retrieve an earlier shopping cart, make the site run more smoothly and help us to maintain a secure site. You will be unable to shop on our site without your browser set to accept cookies.
Website Analysis Agent Cookies: We may use a third party to analyze what our visitors find to be most interesting on our site. To do that, they will place a cookie on your computer with a randomly assigned unique number in order to track the pages you view on our site, along with other Non-Personally Identifiable Information.
Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by customers who view certain advertisements or other information on our site. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. Our ad server, content servers, affiliate program manager and website analysis agents may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of our site and to provide information about what products are viewed or purchased. Without collecting any personally identifiable information, they use that data to tell us (and other advertisers) which ads are the most effective on particular sites. Our ad server, content server, affiliate program manager and website analysis agents may use an action tag on our basket page, checkout page, and other pages, to keep anonymous track of the number of times that clicking on a banner ad or views other information on our siteresults in a purchase. They also collect the amount of the purchase, order confirmation number, stock keeping unit number, quantity and identity of product purchased.
Contacting CustomKaraokeSongs.com. about privacy questions or concerns
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us via letter or email:
Attn: Privacy Compliance Officer
CustomKaraokeSongs.com.
78 York Street
London
W1H 1DP
United Kingdom
Privacy Policy changes
This Privacy Policy was last changed on November 25, 2008. If we makes change to any terms or conditions of the Privacy Policy, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. We may change, modify, add or remove portions of this Policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise.
4. Digital Downloads.
Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, dissassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content (e.g, to provide sound for a film). You may not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You further agree to indemnify and hold harmless CustomKaraokeSongs.com for your failure to comply with this section.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express, Discover via Paypal. Unless expressly set forth on the CusomKaraokeSongs.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT CUSTOMKARAOKESONGS.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify CustomKaraokeSongs.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If CustomKaraokeSongs.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by CustomKaraokeSongs.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. CustomKaraokeSongs.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. CustomKaraokeSongs.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by CustomKaraokeSongs.com upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting any order. CustomKaraokeSongs.com is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
8. No Responsibility To Sell Mispriced Products Or Services. CustomKaraokeSongs.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. CustomKaraokeSongs.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CustomKaraokeSongs.com shall immediately issue a credit to your credit card account in the amount of the charge.
9. Indemnification. You agree to indemnify and hold harmless CustomKaraokeSongs.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
10. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF CUSTOMKARAOKESONGS PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
11. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL CUSTOMKARAOKESONGS.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT SITE HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO THE SITE BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
12. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), CustomKaraokeSongs.com. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the CustomKaraokeSongs.com and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, CustomKaraokeSongs.com will terminate the infringing customer's account. CustomKaraokeSongs.com may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), CustomKaraokeSongs.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.
13. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
14. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
Last modified: November 25, 2008.
