By downloading this file you agree to the following Terms and Conditions

FREE DOWNLOAD TERMS AND CONDITIONS OF USE

Effective as from July 1, 2006

This document (the "Agreement") is a legal contract between you and Right Recordings that governs your use of The free download mp3 file, "Summertime.mp3" (the "Track"), available at www.jiveaces.com. The terms below will apply to you if you register for and download the Track (that is free to download). If you download the Track, all the terms below will apply to you.

AMENDMENTS

Right Recordings may from time to time modify these terms and will post a copy of the amended Agreement at http://www.jiveaces.com/Free_Download/TandCs.html. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Track. You will be deemed to have accepted the Agreement as amended if you continue to use the Track after any amendments are posted.

REGISTRATION

To use the Service, you must register and provide certain information, including your first name, surname, a valid email address and the country you live in ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. Right Recordings will keep and use your Registration Data in order to inform you of concerts, news and releases and will not pass it on to any third party company without your express written permission.

USE OF TRACK

The Tracks and Materials are owned by Right Recordings and are protected by intellectual property laws. You understand that your use of the Track is subject to the Usage Rules discussed below. You may not authorise, encourage or allow the Track to be used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, communicated to the public or otherwise used by anyone else. You agree to advise Right Recordings promptly of any such unauthorised use(s).

Usage Rules. Your use of the Track will be limited by the rules assigned to the Track by Right Recordings ("Usage Rules") and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Tracks. Right Recordings reserves the right to modify the Usage Rules at any time and your continued use of the Track after each such modification shall be deemed acceptance of any such modification.

A "Track" is a Track that you can keep permanently and may (1) save to the hard drives of up to three (3) of your personal computers and play back at any time, (2) burn to a CD and/or (3) transfer to a compatible portable device. If you have downloaded the Track, it is your responsibility not to lose, destroy or damage them. Right Recordings shall have no liability to you in the event of any such loss, destruction, or damage.

You may burn the Track to a CD up to five (5) times as part of any particular playlist of songs. A "playlist" is a discrete group of Purchased Tracks that are arranged together in a particular order. Once you have burned a Purchased Track to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.

You may transfer the Track an unlimited number of times to up to three (3) portable devices. Once you have transferred the Track to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.

The burning or transfer permissions provided for herein shall not operate to waive or limit any rights of the copyright owners in Tracks or Materials or any works embodied in them.

Product Availability. On occasion, technical problems or expiry of Right Recordings's right to make certain Tracks and/or Materials available may delay or prevent delivery of the Track to you. Receipt of your order or request does not guarantee that we can supply the selected products to you. All of the products and services on the Right Recordings website are subject to availability and Right Recordings therefore reserves the right in exceptional circumstances to limit the quantity of products we supply. Where any of these events occur, we will inform you as soon as possible.

All rights not expressly granted to you in this Agreement are reserved to Right Recordings and/or its licensors.

COPYRIGHT INFORMATION

General. As noted above, the Track contains and/or comprise copyright or other proprietary subject matter, and your use of them is governed by this Agreement and applicable law.

Notices. Right Recordings respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Track constitutes copyright infringement, please send an email with full details to Right Recordings by clicking here.

INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

If Right Recordings receives a notice alleging that you have engaged in behaviour that infringes Right Recordings's or any other party's intellectual property rights or reasonably suspects the same, Right Recordings may take appropriate legal action.

MODIFICATIONS TO SERVICE

Right Recordings reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.

REMEDIES

You agree that any unauthorised use of the Track would result in irreparable injury to Right Recordings and/or its affiliates or licensors for which money damages would be inadequate, and in such event Right Recordings, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit the remedies available pursuant to statutory or other legal authority that Right Recordings, its affiliates and/or licensors may have.

TERMINATION

Right Recordings may in its sole discretion terminate this Agreement at any time without notice to you in the event that you breach (or Right Recordings reasonably suspects that you have breached) any provision of this Agreement. If Right Recordings terminates this Agreement for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you.

DISCLAIMERS

You understand and agree that your use of the Track is at your own sole risk. The Track (the "Products") are provided "as is" and without warranty by Right Recordings or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "Right Recordings Entities"), as applicable, and, to the maximum extent allowed by applicable law, the Right Recordings Entities expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. Right Recordings entities do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Products with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold any Right Recordings entity responsible for any damages that result from you accessing (including any software or systems you use to access) the Products including, but not limited to, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to any of the Right Recordings Entities.

Right Recordings makes no warranty that any particular CD burner or portable device will be compatible with the Client or that any CD burned using the Client will function in all CD players. It is your sole responsibility to ensure that your system(s) will function correctly with the Client.

Under no circumstances shall any Right Recordings entity be liable for any unauthorised use of Track.

Under no circumstances shall any Right Recordings Entity be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the products, even if the Right Recordings Entity has been advised of the possibility of such damages.

To the extent that any disclaimer or limitation on damages or liability in this Agreement is prohibited or limited by applicable law, then the Right Recordings Entities shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity and in no event shall such damages or liability exceed 100.

LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with Right Recordings with respect to your use of the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of England and Wales govern this Agreement and your use of the Service, the Tracks, the Materials and the Client. You agree that the English Courts have jurisdiction over any claim or dispute with Right Recordings or relating in any way to your account or your use of the Service, the Tracks, the Materials and the Client.

© 2006 Right Recordings.