Licence

General

The Armstrong Studios Online Store (“ASOS”) website is owned by DREWMAR PTY LTD (“DMAR”), and enables you to purchase digital content such as sound recordings, audio visual entertainment, videos, and streaming.

Your Acceptance of the Terms of Service

These Terms of Service (“TOS”) are between YOU and DMAR for usage of ASOS. Your use of ASOS and any other services offered by DMAR (the “services”) signifies your agreement to this TOS set forth below. By using the sites and / or the services, you agree to and accept these terms, including the Privacy Policy, contained on ASOS.

Changes to the Terms of Service

The TOS that follow may be updated or modified by DMAR from time to time without notice to you. You can review the most current version of the TOS at any time by viewing the TOS page within ASOS. Your continued use of ASOS site following our posting of any amendment to the TOS will constitute your acceptance of the change.

User License

Subject to the TOS, DMAR grants you a non-exclusive, non-transferable, limited right to access, view, use and display ASOS, the services and the materials on your computer, mobile phone, or other internet compatible or mobile device, provided that you comply fully with this TOS.

Description of Service

The ASOS site provides a number of music content download, and other download services. ASOS may offer a number of other Services on its sites that may change from time to time.

Objectionable Content on ASOS

Although DMAR will endeavor to ensure all content is appropriate for use by you, you agree to use ASOS at your own risk and DMAR will not be liable to you for any content that you may find to be offensive, indecent, or objectionable. You agree to comply with any age restrictions on content, and parents and/or guardians should restrict access where necessary for users that are under 18 years of age.

Right to remove Material posted on ASOS

DMAR may, without liability, delete, move or edit messages and content and to terminate your access or feedback to the site and interaction between users, without notice.

Eligibility, Capacity, and Account Security

By using ASOS, you warrant that all registration and paypal or credit card information is accurate and truthful, and that you are over 13 years of age and have the capacity to understand and comply with these TOS. If you are between the ages of 13 and 18 you may use ASOS and services only under the supervision of a parent or legal guardian who agrees to be bound by these.

To make a purchase on the ASOS Site, you must be a registered member of ASOS and comply with these TOS.  DMAR reserves the right to cancel any orders at any time.

On the ASOS site, you may be asked to create a username and password.  You are responsible for maintaining the confidentiality of the user name and password and are fully responsible for all activities that occur under your user name and password. You agree to: (a) immediately notify DMAR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DMAR cannot and will not be liable for any loss or damage arising from your failure to comply.

Technical Requirements of use of the ASOS site

You acknowledge and agree that all technical requirements for the effective operation of ASOS, which may change from time to time, are your responsibility.

Use by members

ASOS is made available for your personal, non-commercial entertainment use only. You may only use ASOS for commercial purposes if specifically authorized in writing by DMAR. Use that is deemed inappropriate by DMAR may result in termination of your membership and access to ASOS.

Purchase and Use of Products

The purchase of a Product from the ASOS entitles you to only one full successful download of the Product. Upon DMAR receiving notification that you have downloaded, you will not be able to download the Product again unless you make a separate purchase. DMAR will not be responsible for your product once it is downloaded. Should a product be purchased that involves streaming, this is intended for real-time viewing and must not be copied, stored, permanently downloaded or redistributed by you. You are authorized to use the Products only for personal, non-commercial, entertainment use, and you shall not redistribute, assign, sell, rent, share, lend, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, print, commercialize, upload or otherwise transfer or deal with the Products. DMAR may make changes to any products or services offered on ASOS or to the pricing, at any time, without notice.

Copyrights

This Web site and information contains copyrighted material, trademarks, film, music, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any proprietary or other material, without first obtaining written permission from DMAR or the ultimate copyright holder, and additionally agreeing to give credit to the copyright holder.

License

All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

DMAR reserves all rights not expressly granted here. This information is protected under federal copyright laws and no unauthorized copying, adaptation, distribution or display is permitted. COPYRIGHT 2010 DMAR – ALL RIGHTS RESERVED.

Limitation & Exclusion Of Liability

DMAR and its suppliers, subsidiaries, affiliates, officers, employees, agents, partners, advertisers and licensors will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss (even if DMAR has been advised of the possibility of such damages).

Links to ASOS

You may link directly to ASOS without first obtaining the prior written consent of DMAR.  You may not link directly to any specific Products or items of streamed or downloadable. The ASOS and services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DMAR has no control over such sites and resources, you acknowledge and agree that DMAR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DMAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Content, advertising, products or other materials available on or through any such site or resource.

Indemnity

You indemnify DMAR, its related bodies, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from any breach or alleged breach by you of these TOS, any content that you post on ASOS; your conduct ON ASOS or with other users of ASOS.

Waiver

The failure of DMAR to enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

Entire Agreement

These TOS constitute the entire agreement between you and DMAR regarding the use of ASOS.

Severability

If any part of these TOS are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these TOS will not be affected and these TOS will be read as if the part had been deleted in that jurisdiction only.

Assignment of Rights

DMAR may assign its rights under this Agreement or in connection to the ASOS site, or the sites, at any time and at its absolute discretion.

Governing Law

These TOS will be governed and interpreted in accordance with laws of the State of Victoria, Australia.

Application of TOS to all digital platforms

The TOS applies to all digital platforms that are able to access the ASOS site, either actually or potentially, including all wireless platforms.

Australian Sales Only

Purchases from the ASOS site are intended for Australian residents only.  All transactions will assume Australian residency.  You may be held liable for costs incurred by DMAR for your use or attempted use of the ASOS website.

Agreement to Pay

You agree to pay for all products and services you purchase through ASOS, and DMAR may charge your account for any products and services purchased, and for any additional amounts (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees.

Cancellation Policy

All sales are final. The transaction is deemed complete upon clicking of the “Confirm” button (subject to successful processing of the payment). You will not have a right to cancel your contract once you have clicked the “Confirm button”, unless the processing of your payment fails.

Payment Methods

The methods of payment used are those that are provided to you at the point of purchase, and are subject to removal at any time by DMAR.

GST

Goods and Services Tax (GST) included in all prices listed on ASOS.

Price changes

Prices on ASOS are subject to change at any time.

Product Availability

DMAR may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. DMAR shall have no liability of any kind if a product or service that has been ordered is unavailable. On occasion, a product or service may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable product or service.

Termination

You agree that DMAR may, under certain circumstances and without prior notice, immediately terminate your DMAR account, any associated email address, and access to the services. Termination of your ASOS account includes removal of access and barring of further use of the services. DMAR may also from time to time delete accounts which are inactive.   If you cancel your account for any reason, or if your account is terminated, DMAR will not refund any of your fees paid to date.

Contacting Us

If you have any questions about these Terms of Service, please do not hesitate to contact us.