Welcome to Cut To The Beat Limited's website (the "Website").

These terms of use ("Terms of Use") apply to everyone who accesses this Website. If you do not wish to be bound by these Terms, you must not use this Website.

Please note that we may modify these Terms of Use without notice to you. You should check the Website from time to time to review the latest version of the Terms of Use. By continuing to access and use this Website after the Terms of Use have been modified, you will be deemed to have agreed to the new Terms of Use.

CUT TO THE BEAT LIMITED ONLY SELLS CDS AND GRANTS LICENCES TO OTHER BUSINESSES. YOU MUST NOT PLACE AN ORDER WITH US IF YOU ARE A CONSUMER ACTING OUTSIDE THE COURSE OF YOUR TRADE.

The terms "you", "your" and "yours" when used in these Terms of Use means any user of the Website and shall, if you are a company, include your subsidiaries, holding companies and subsidiaries of holding companies, as defined in the Companies Act 1985 or any successor legislation to that Act.

1. Introduction

This Website is owned and operated by Cut To The Beat Limited ("Cut To The Beat") whose registered address is 5 Buckingham Place, Brighton BN1 3TD. All communications about this Website should be addressed to info@cuttothebeat.com.

2. Website Licence

Cut to The Beat grants you a limited licence to access and make use of this Website. You may view any material published on this Website by displaying it on a computer screen or printing one (1) copy only of it on paper for your own use. This permission is non-transferable. You may not reproduce, modify, retransmit, redistribute or in any way exploit any of the material on this Website. Without limiting the general principle in the previous sentence, the following activities are specifically prohibited in relation to material on this Website:

• (1) modifying, selling, re-publishing or redistributing any material;
• (2) removing any copyright or trade mark notices from any material;
• (3) downloading or printing any material in a systemic or regular manner so as to create a database in electronic or paper form comprising all or part of the material included on this Website; and
• (4) making the information available to any other party or available on any website, bulletin board or on-line service of your own or of any other party or making the same available in hard copy or in any other media without our express prior written consent.

3. Your use of the Website

You must not use the Website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Cut To The Beat, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
• to cause annoyance, inconvenience or needless anxiety.

You agree to indemnify Cut To The Beat in full in respect of any liabilities, losses express or other costs whatsoever incurred as a result of a breach of your obligations under these Terms of Use, including but not limited to any claim made against Cut To The Beat by any third party.

4. Your Order for CDs

When you place an order to purchase CDs from Cut To The Beat, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase our CDs which is accepted by us when we process your credit card payment and send e-mail confirmation to you that we've dispatched that product to you (the "Confirmation E-mail"). Acceptance will be complete at the time we send the Confirmation E-mail to you.

When we accept your order we will grant you a licence to use the sound recordings and original musical compositions included on such CDs on the terms and conditions of our music licence (the "Music Licence"). PLEASE ENSURE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THE MUSIC LICENCE BEFORE PLACING AN ORDER. You must confirm your acceptance of the Music Licence before we can process your order.

When ordering CDs from outside the United Kingdom you may be subject to import duties and taxes, which are levied once the CDs reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. You should contact your local customs office for further information.

Cut To The Beat warrants that CDs ordered by you via this Website will at the time of dispatch correspond to the description given by Cut To The Beat, be fit for the purpose that they are purchased, be of merchantable quality and in good condition. Cut To The Beat shall not be liable for a breach of warranty unless you given written notice of the defect to Cut To The Beat in accordance with the following paragraph.

In the unlikely event that any CD you receive from us is defective, please email info@cuttothebeat.com and return the defective CD to us by post. We will provide you with a replacement within 10 working days of us receiving the defective product.

5. Ownership of Materials on this Website

All intellectual property rights in the design, content and arrangement of this Website, its text and graphics, all software compilations or underlying source code, audio, images and all other material on this Website are reserved to us or their respective owners or our content and/or technology providers.

"Cut To The Beat" and all other names, images, pictures, logos and icons identifying us or our products or services are trade names of Cut To The Beat Limited. Other product and business names mentioned on this Website are the property of their respective owners.

6. Linking and Meta Tags

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of Cut To The Beat as long as the link does not portray Cut To The Beat or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cut To The Beat logo or other proprietary graphic as part of the link without our express written consent.

You may not use any meta tags or any other "hidden text" using Cut To The Beat’s trade names without the express written consent of Cut To The Beat. Any unauthorised use terminates the permission or license granted by Cut To The Beat.

Cut To The Beat does not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link from this Website. We do not endorse or approve the content of such third party websites.

7. Disclaimer

We cannot guarantee a continuous, uninterrupted internet presence especially where we have to carry out maintenance, repairs, modifications or upgrades to our website, or in circumstances beyond our control. We will attempt to limit the frequency and duration of any such suspension or restriction.

We reserve the right to alter or withdraw this Website at any time without notice. We make no representations or warranties of any kind about this Website, its contents (whether express or implied), or any material included in this Website. Information and material included in this Website may be inaccurate, incomplete or out of date, and may be subject to third party rights (which may or may not be identified by us).

We are not be liable to you, whether for breach of contract, misrepresentation or otherwise, for direct or indirect loss or damage of any kind, which may arise out of: any use of this Website, any computer viruses or other harmful components, any inaccuracies, errors or omissions in any material on this Website, including without limitation any information in respect of any material featured in this Website.

8. Privacy

Any personal or other information submitted by you to Cut To The Beat are subject to our Privacy Policy

9. Miscellaneous

You are solely responsible for compliance with all applicable laws of the country from which you are accessing the Website.

If any part or portions of these Terms of Use shall be declared invalid, void or unenforceable, the remaining Terms of Use shall remain in full force and effect and shall be interpreted as closely as possible to the manner in which they were written.

All notices shall be delivered to the email address provided by you at the time of ordering and any notice from you to Cut To The Beat should be sent to info@cuttothebeat.com.

Cut To The Beat and you do not intend that any of the Terms of Use will be enforceable by any person that is not a party to these Terms of Use by virtue of the Contracts (Rights of Third Parties) Act 1999.

If any dispute arises between you and us regarding these Terms of Use, the dispute will be governed by English law and the English courts will have exclusive jurisdiction.

This Website is operated from the UK. If you access the Website from outside the UK, you are responsible for compliance with any applicable local laws.

1 March 2007