TERMS AND CONDITIONS
1. Who We Are
1.1 We are based in Belgium.
1.3 You further accept and agree that where products or services are offered by third parties and where you elect to purchase or access such products or services, you will do so upon the terms and conditions of those third parties.
1.4 You should print a copy of these Terms for future reference.
1.5 If you have any questions about these Terms please contact us at the email address published on http://www.michaeljacksonenterprise.com
2. Changes to these Terms
2.1 We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates. Your continued use of this Site following the posting of changes will mean you accept those changes.
2.2 You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
3. Site Content
3.1 The Services, this Site and all material on this Site, including, but not limited to, text, graphics, photos, logos, button icons, images, trade marks, music recordings, lyrics, audio and audio visual clips, digital downloads, databases, data compilations, data and software (“Content“) are owned and controlled by or licensed to Michael Jackson Enterprise, its affiliates and/or licensees.
3.2 Unless otherwise specified, this Site, the Services and Content are for your personal and non-commercial use only.
3.3 You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
4. Objectionable Material
We do our best to filter unwanted material on our Site, and encourage any third party service provider to do the same, but whilst using the Services you may encounter Content that you find objectionable or offensive, which may or may not be identified as being of an explicit nature. You agree to use the Services at your own risk and we will have no liability to you for such Content.
5. Age Requirements
5.1 Unless otherwise stated on this Site, the Services are available only for people aged 13 or older. If you are aged 13 to 16, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.
5.2 We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Site and/or Services should supervise such access and use. By allowing your child access to the Site you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
5.3 Access to certain Content may carry additional age restrictions. Where such a restriction applies you will be asked to confirm that you are old enough to view or purchase the items, as applicable.
6. System Requirements
The Services require a compatible terminal or device, internet or mobile access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.
7. Your Use of our Site
You may not:
· restrict or inhibit any other user from using and enjoying this Site or the Services;
· act in any way that would damage, disable, overburden, or impair this Site or the Services or effect or encourage conduct that would constitute a criminal offence or give rise to civil liability;
· upload, post or transmit to, or distribute or otherwise publish through this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party’s rights;
· impersonate any person or entity or misrepresent your affiliation with any other person or entity;
· exploit any information or other material obtained on or through this Site for commercial purposes;
· engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Loud cookies for purposes which are unrelated to the Services);
· attempt to gain unauthorised access to other computer systems through this Site or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
· reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Site or the Services.
8. Your Use of our Software
Software used to provide the Services (“Software”) is owned by or licensed to us, our affiliates or our software suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:
· use the Software to transmit User Content (as defined in Section 13.2) to anyone other than Michael Jackson Enterprise (for further information see Content Provided by You);
· use the Software to transmit any content other than the User Content to Loud or to anyone else;
· sell or otherwise distribute any part of the Software;
· modify, adapt, translate or reverse engineer any part of the Software;
· attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised;
· use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
· use the Software for any commercial purpose.
9. Registration and Passwords
9.1 You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
9.2 You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
9.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
9.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.
9.5 Please amend your details as appropriate from time to time or email firstname.lastname@example.org to notify us of any changes.
10. Our Products
10.1 Our Site may allow you to:
· purchase physical products e.g. apparel and other merchandise;
· download digital products e.g. music and videos;
· purchase mobile products e.g. music, videos and other Content such as wallpaper, screensavers and logos;
· subject to any separate specific terms and conditions, offer such services to you on a subscription basis.
If we decide to offer any additional products on the Site, such future products will also be covered by these Terms.
10.2 Terms and conditions provided by the software supplier may apply to your use of the software.
10.3 You may need to register with the Site before using the Services.
10.4 By placing an order through our Site, you warrant that:
· you are legally capable of entering into binding contracts; and
· you are at least 18 years old.
If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Site, a parent or guardian should accept these Terms on your behalf.
Making an Order (Digital and Physical Products including Games and Mobile Products/Services if applicable) (see Sections 10.16-10.27 for Mobile Products/Services purchased via SMS)
10.5 Follow the onscreen instructions on the Site to make an order.
10.6 To remove an item from your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in your basket.
10.7 Once you have pressed the “checkout” (or similar) button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).
10.8 You will receive an order summary confirmation on screen and/or by email.
· in the case of physical products: that particular product has been dispatched (in the case of physical products), or (if appropriate) and in the case of digital content: instructions for accessing your digital content.
10.9 Where your order was for products of a “hybrid” nature (e.g. a physical and digital product) we will refund the relevant element of the order in accordance with our cancellation policy (set out in Sections 10.28 and 10.31 as applicable) for that particular product.
Payment (Digital and Physical Products, including Games and Mobile Products/Services if applicable) (see Sections 10.16-10.27 for Mobile Products/Services purchased via SMS)
10.10 We can accept only Paypal for payment and PayPal prices appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices for products at any time by posting new prices on the Site.
10.11 By paying using paypal, you confirm that the Paypal Account is yours and that there are sufficient funds or credit available to cover the charges.
10.12 The purchase will appear on your Paypal Account or bank statement as MJEnterprise.
10.13 It is always possible that, despite our best efforts, some of the items listed on our Site may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will usually, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
10.14 Billing to your Paypal Account will take place prior to or at the time of dispatch in respect of physical products or at the time of your purchase or soon afterwards in respect of digital content.
10.15 MJEnterprise ensures that any payment processor engaged will use Secured systems to process the payment.
10.16 Follow the onscreen instructions on the Site to use these Services.
10.17 We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will immediately provide you with a refund.
10.18 This is NOT a subscription service.
10.19 You may purchase Content for your personal and non-commercial use only. We may withdraw Content and products from the Site at any time.
10.20 Please ensure that you have the bill payer’s permission before placing your order.
Cancellation, Delivery and Usage Rules
10.21.1 You may cancel your purchase at any time within 3 working days for any reason, beginning on the day after you receive the product(s). In this case, you will receive a full refund of the price paid for the product(s) in accordance with our refunds policy set out in Sections 10.37 to 10.41 below. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering your digital product order, we will refund the relevant physical element of the order in accordance with our cancellation policy as set out in this Section 10.31.
10.21.2 To cancel, you must inform us in writing. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.
10.21.3 Details of our Refunds Policy can also be found at Section 10.37.
10.21.4 This right to cancel does not apply:
(a) where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
(b) where the product has been made to your specification;
(c) to digital content (see Sections 10.28 to 10.30 above); or
(d) where the product, by reason of its nature, cannot be returned.
10.21.5 Your statutory rights are unaffected by Section 10.31.4 above.
10.22 Delivery: Your order will be fulfilled within 30 days of Confirmation, unless there are exceptional circumstances.
10.23 Risk and Title: products purchased will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
10.24 However, you will be responsible for the cost of returning the item to us. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering your digital product order, we will refund the relevant element of the order in accordance with our cancellation policy (as set out in Sections 10.28 and 10.31 as applicable) for that particular product.
10.25 If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on our part, we will examine the returned product and will notify you of your refund or otherwise via email within a reasonable period of time.
10.26 In the event that we have to cancel your order after payment has been taken, as outlined in Section 10.13 above, we will notify you of our need to cancel your order and supply you with a refund as soon as possible.
10.27 We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.28 Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your sole remedy will be either a replacement product or a refund, as determined by Sixteen11 or the relevant third party supplier as appropriate. Your statutory rights are not affected.
10.29 We will not be liable to you for failures, defects or delays in delivery caused by:
· your provision of incorrect information;
· your computer failing to meet the minimum technical requirements for the Services;
· your failure to comply with instructions for use of the Services;
· an event which is outside of our reasonable control, and in addition, in relation to mobile services only:
· your mobile handset being incompatible with the Services;
· your mailbox being full and unable to receive Content;
· your handset having limited signal;
· your failure to comply with instructions for use of the Services; or
· an event which is outside of our reasonable control (including, but not limited to, any technical problems arising from the provision of services by a third party whose services you elect to access).
11. Import duty
11.1 Products ordered from our Site for delivery outside Belgium be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Content Provided by You
13.1 Some Services may allow you to upload or otherwise provide content to us.
13.2 All content that you provide, including but not limited to any and all text, graphics, photos, images, music, audio and audio visual material, software and all information accompanying the same is referred to in these Terms as “User Content“.
13.3 By uploading, sending or otherwise making available User Content to us, you are authorising us, and granting us an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive licence to exploit the User Content in order to:
• host the User Content on our servers;
• index the User Content; and
• modify, display, reproduce, make available, distribute and otherwise to communicate the User Content to the public, in whole or in part throughout the world on the Site and in connection with the Services and with other Sixteen11 products and services now existing or developed in future.
13.4 As between you and us, you will retain ownership of your User Content at all times.
13.5 We are not required to make available or otherwise exploit any User Content uploaded or otherwise provided to us. We are not responsible for any loss, theft, rights infringement or damage of any kind to the User Content and you take sole responsibility for the User Content that you provide to us.
13.6 You will not provide or transmit via the Services any User Content that:
• is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;
• harasses or promotes or enables harassment of another person;
• involves, promotes, enables or facilitates the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
• comprises or promotes information that you know to be false or misleading;
• involves, promotes, enables or facilitates illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• infringes any rights of any third party (such as but not limited to images of well known characters, pictures, music, commercial recordings) or which results in the disclosure of personal information of a third party or the confidential information of any person;
• comprises, promotes, enables or facilitates an illegal or unauthorised copy of another person’s copyrighted work, such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music sites or files;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• comprises, promotes, enables or facilitates access to material that exploits people in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
• comprises, promotes, enables or facilitates access to instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, breaching someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
• involves, promotes, enables or facilitates commercial activities and/or sales without our prior written consent such as auctions, contests, sweepstakes, barter, advertising, or pyramid schemes,
and in accordance with Section 13.10 below, we have the right to remove, edit and suspend such User Content.
13.7 You are solely responsible for ensuring that you hold and will continue to hold all of the rights that you need to have in order to transmit User Content to us and to grant to us the rights granted in these Terms.
13.8 By providing User Content to us, you agree that:
• you are at least 18 years of age; and
• all of the information provided by you is correct and current.
13.9 You also agree that the User Content and the rights and licences granted to us under these Terms do not and will not violate any applicable law, statute or regulation and do not and will not breach any duty toward or rights of any person or entity including, without limitation, intellectual property rights, publicity or privacy rights, or rights or duties under consumer protection, product liability, tort or contract theories.
13.10 You also accept, however, that we have no obligation to monitor or moderate any of your User Content and our right to do so should not in any respect be regarded as a substitute for your obligations under these Terms.
14. Blogs, Forums, Message Boards
14.1 If a particular Site provides blogs, forums or message boards, you will need to register with the Site to use these Services.
14.2 For the purposes of these Terms, messages posted on the Site are treated as User Content and are subject to the applicable rules set out in these Terms.
14.3 Although the administrators and moderators of the Site will attempt to keep all objectionable messages off the Site, it is impossible for us to review all messages.
14.4 Messages posted express only the views of the author and we are not responsible for the content of any message.
14.5 We may remove, move, edit or close any blog, message or thread for any reason.
14.6 We strongly advise you not to post your contact or other personal details on the Site.
15.1 We may, in our sole discretion, terminate your password, account (or any part thereof) or use of this Site without notice if you are in breach of these Terms or if we believe in our absolute discretion that your User Content or your use of the Services or the Content or the Software is unsuitable.
15.2 Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.
15.3 Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).
16.1 We warrant to you that any goods purchased from us through our Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
16.2 In relation to our supply of products via this Site (including both digital and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
16.3 If you are an individual consumer, this may not apply to you and instead Sixteen11 will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental, and consequential loss, even if Sixteen11 has been advised of the possibility of such loss.
16.4 You agree to indemnify MJEnterprise, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, or arising out of or related to your breach of these Terms, misuse of the Games, or your violation of any applicable law, rule, regulation or third party right.
16.5 This Section does not in any way limit or exclude our liability:
16.5.1 for death or personal injury caused by our negligence;
16.5.2 under section 2(3) of the Consumer Protection Act 1987;
16.5.3 for fraud or fraudulent misrepresentation; or
16.5.4 for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17. Transfer of Rights and Obligations
17.1 The contract between you and us created by these Terms (the “Contract“) is binding on you and us and on our respective successors and assigns.
17.2 You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for our obligations under the Contract where applicable.
18. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
18.1 Once your orders are received, we ship products according to our mailing procedures. Should any products, through no fault of the company, be lost within the postal system, we will address each case individually to devise the suitable course of action. This may be in the form of a replacement product being shipped. However this is not guaranteed and is individual to each case.
19.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms between you and us.
19.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
19.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
19.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
19.5 These Terms shall be binding on and endure for the benefit of each party’s successors in title.
20. Governing Law and Jurisdiction
20.1 These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these Terms.
20.2 If you order products from our Site for delivery outside Belgium they may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
20.3 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
21.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English. This does not affect your statutory rights.
21.2 All notices given by you to us must be given to us at the address set out in Section 1.1 or contact the email address at http://www.michaeljacksonenterprise.com. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
21.3 If you have any queries about these Terms, this Site or any of our Services please contact the email address at http://www.michaeljacksonenterprise.com.
Last Updated10 November 2011
You must be at least 13 years old to register with us. Please do not provide any of your details to us if you are under 13 years old. If you are between the ages of 13 and 16 please ensure that you have your parent’s or guardian’s consent to register and/or before you provide any personal data to the Website. Users without this consent are not allowed to provide us with personal data. If we become aware that you are under 13 and are attempting to or have submitted personal data via the Website, or that you are between the ages of 13 and 16 and are attempting to or have submitted personal data via the Website without your parent’s/guardian’s permission, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.
You are not allowed to resell any goods or offer any goods for sale, in any country without our prior agreement.
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