Thank you for visiting the DGMLIVE.com World Wide Web site (the “Site”).
Limited use of the Site is offered to you, the individual user, by Discipline Global Mobile Ltd subject to and conditioned upon your acceptance of these Terms and Conditions of Use (“Terms of Use”), which govern your use of the site. This page contains our full User Agreement. You may wish to print this page for reference.
Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. In subscribing to or purchasing downloads from DGMLive.com you are bound by the Conditions of Sale and other Terms of Use below and we recommend you read our Privacy Policy which explains how we use your information.
DGMLive.com reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.
Part 1 : CONDITIONS OF SALE
Introduction
These Conditions of Sale govern the sale of all downloads by DGMLive.com to the user of the “Site”. When you purchase subscriptions or downloads from DGMLive.com you will be required to click the "I Agree" tick box to complete the order. By clicking the "I Agree" tick box you are accepting these terms and conditions of sale.
The contract for the purchase of any subscriptions or downloads will be between the "Customer" and DGMLive.com and will only be formed when DGMLive.com make the downloads available or provide access to a subscription service, and DGM has received payment in full. DGMLive.com reserves the right, at our sole discretion to reject any order we receive. By placing an order with DGMLive.com you agree you are:-
legally capable of entering into binding contracts
at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
In purchasing a download or subscription from DGMLive.com the "Customer" is waiving their rights to the 14 day cooling-off period. All sales of downloads and subscriptions are final. Refunds for any downloads sold by DGMLive.com need only be considered for a refund if any of the following conditions apply:-
iii) The downloads are proven to be defective.
All refunds will only be issued to the transaction ID related to the sale. Failure to download within the download window does not constitute grounds for a refund. DGM does not make any guarantees as to the quality or consistency of audio file recording or encoding available at DGMLive.com. Notwithstanding the above, DGM Ltd acts according to the principles of the ethical company, and reasonable reasons for a refund will always be considered.
2.1 Subscriptions
Subscriptions, such as the 1,000 Club, sold via a recurring payment can be cancelled at anytime during the subscription. DGMLive.com will not however provide the "Customer" with a refund for a cancellation that is part-way through a billing or membership period. In the event that a recurring payment fails due to an expired credit or debit card DGMLive.com reserves the right to suspend access to the service whilst payment details are updated or the subscription is cancelled.
The price of any downloads will be as quoted on the "Site" at the then current time, except in the case of obvious error. This price will include legally applicable VAT. The "Customer" agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. Payment for all sales is processed securely by the third party payment gateway services supplied by Worldpay.
3.1 Subscriptions
For subscriptions sold via a recurring payment you hereby authorise DGMLive.com to charge your credit or debit card in future based on the billing period advertised. Where the recurring payment date does not recur in a particular period (e.g., 31 January, but there is no 31 February), the "Customer" will be charged on the closest preceding date to the payment date (e.g., 28 February) for that period.
Downloads are delivered to the "Customer" by a choice of methods:-
via download to the "Customer"'s personal desktop computer
via download to the "Customer"'s personal mobile device.
You hereby agree to use such downloaded music for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the downloads to anyone else. Nothing in these conditions of sale grants the "Customer" any rights other than those expressly set out herein. These terms do not grant the "Customer" any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any downloads. Any breaches of these terms will be pursued to the full extent of the law. Some downloads sold by DGMLive.com may contain additional licensing terms or terms of use within the download which the "Customer" hereby agrees to abide by.
4.1 Subscriptions
Access to subscriptions will continue until either cancelled by the "Customer" or DGMLive.com.
In order for the "Customer" to access the downloads the "Customer" is required to have:-
an internet connection
a personal desktop computer or mobile device capable of playing downloaded music or videos in the advertized formats.
In the process of purchasing downloads from DGMLive.com the "Customer" email address will be subscribed to the DGMLive general email list. The subscription is opt-in meaning the "Customer" will receive an opt-in email after the sale asking them to opt-in to receive future promotional emails. DGMLive.com may also use the "Customer" email address to issue a one time 'Order Receipt' email to upon receipt of a successful order.
Part 2 : OWNERSHIP AND INTELLECTUAL PROPERTY
DGM is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by DGM for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."
The Site Content and Site Code are owned by DGM and/or the associated music publishers and are protected by applicable domestic and international copyright laws. Copyright © 1983-2016 DGM. All Rights Reserved. Unless expressly permitted elsewhere in the Site by DGM, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with DGM. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
DGM, the DGM logo, King Crimson, The Vicar and DGMLive.com are all trademarks and service marks belonging to or operated by DGM (the "DGM Marks"). Any product, service, or trade name other than those owned by DGM that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the DGM Marks is strictly prohibited.
DGM grants you a non-exclusive, non-transferrable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the Site via IP networks only, and in strict conformity with these Terms of Use. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future and may download those Pictures that are available on the Site on a download basis. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any music or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind DGM to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You agree that links to the Site are only permitted upon express permission from and arrangement with DGM. You acknowledge and agree that modification of the Materials or use of the Materials for any other purpose is a violation of DGM's and possibly other third parties' copyright and proprietary rights. You agree to use the Materials and this Site only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copy you may have of any of the Materials. Any other use or exploitation of this Site, including the Materials, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
DGM grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
DGM offers its Site services for entertainment purposes only. DGM does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, DGM is not responsible for errors in or omissions from the information contained or accessed through the Site. Neither DGM nor any provider of content for the site or their respective agents warrant that the site will be uninterrupted or error free, free from viruses or security breaches; nor does DGM, any provider of content to the site, or their respective agents make any warranty as to the results to be obtained from use of the site. The site content is not guaranteed to be accurate, timely or verified. All information and content on the site are provided "as is" without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content or data made available via the site is assumed solely by you. Neither DGM, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site, even if such party has been advised of the possibility of such damages.
DGM may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential.
Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. DGM shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
You acknowledge and agree that any public communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any public communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and DGM by reason of your transmitting a public communication to any area of the Site. As used in these Terms of Use, "Your Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Site. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). DGM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on such Forums for any reason whatsoever. DGM reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums and you acknowledge that DGM may not be monitoring the Forums and you are not relying upon DGM to monitor the Forums. DGM takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or Emailing them to us, you automatically grant to DGM a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the world, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) DGM's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to DGM's (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold DGM harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against DGM, arising out of or relating to DGM's exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.
Any rights not expressly granted by DGM herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind DGM, except as expressly permitted in these Terms of Use.
Part 3 : PRIVACY POLICY
Please review our privacy policy which is available at http://www.dgmlive.com/privacy.htm
Part 4 : DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
Part 5 : GENERAL TERMS.
Notices by DGM to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows:
(i) Electronic mail (e-mail) must be sent to: [email protected]
(ii) Regular mail inquiries regarding DGMLive.com must be sent to:
Discipline Global Mobile, Ltd. PO Box 2030, PERSHORE, WR10 9EA UNITED KINGDOM.
These Terms of Use are governed by the laws of the United Kingdom. You hereby consent to the exclusive jurisdiction and venue of the courts in the United Kingdom in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site.
Nothing contained in these Terms of Use shall be construed to constitute you and DGM as partners or joint venturers or to constitute employment or any type of agency.
If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect.
Right to enter into this Agreement. You represent and warrant to DGM that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
These Terms of Use constitute the entire agreement between you and DGM related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between the you and DGM relating to this Site.
These Terms of Use constitute a written agreement between you and DGM. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
This site is operated in the united Kingdom. No representation or warranty is made that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
DGM shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
13.1 To the Agreement.
DGM has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
13.2 To the Site.
DGM has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. DGM may also impose limits on certain features and services or restrict your access to parts or all of the DGM Site without notice or liability.
THANK YOU FOR VISITING DGMLive.com.
"Never become so popular that the public take an interest in you."
