Please read this agreement carefully as it governs your use of www.archiveclassics.com (the “Site”) (the “Agreement”). This Site is owned by Classic Arts Limited (the “Company”). The Site provides internet-based music streaming and download services described in clause 3 below (the “Service”).

By accessing the Site you are forming a contract and agreeing to the terms that appear below.

1. Acceptance of Terms
Please carefully review the following terms and conditions of use before accessing the Site. Using the Site indicates that you accept these terms, conditions and disclaimers regardless of whether or not you choose to subscribe or register for the Service. If you do not accept these terms, please do not use the Site.

2. Subscription
When you subscribe or register for the Service, the Company allows you access to the Service on the terms and conditions of this Agreement.

3. Terms
Your right to use the Service comes into effect upon your payment of the subscription fee or your registration and continues until terminated pursuant to the terms and conditions of this Agreement.

4. Description of Service

4.1. The Company allows you to register or subscribe for the Service as described below (the “Subscription Service” and the “Registration Service”). References to the Service include both the Subscription Service and the Registration Service.

4.2. The Service consists of weekly podcasts (“Podcasts”) which the Company allows you to listen to or download through its Site.

4.3. The Podcasts include but are not limited to streamed musical tracks, the Site and its contents, musical and audio recordings.

4.4. From time to time, the Company may vary the Service including but not limited to the number of Podcasts it streams.

4.5. The Service will only work with the software specified by the Company from time to time.

4.6. You are responsible for any hardware, systems and software programmes you use and any associated fees and expenses to connect to or use the internet.

4.7. Description of Subscription Service

4.7.1. Once you have registered and paid the subscription fee, you may access and download the Site’s weekly Podcasts (as varied from time to time) at any time.

4.8. Description of Registration Service

4.8.1. Once you have registered for the Service, you may access the weekly Podcasts.

5. Use

5.1. The rights granted by this Agreement are personal to you.

5.2. The Service is only for your personal, non-commercial use and only for streaming of Podcasts.

5.3. You must not nor encourage or allow any other person to use or attempt to use the Service for which the Company has not given permission.

6. Registration

6.1. To use the Service, you must register and / or set up a subscription account with the Company (the “Account”). During registration, you must provide the Company with certain personal information, including your name and a current address as more fully set out in the privacy policy.

6.2. You agree to provide the Company with information which is accurate and up to date.

6.3. The Company will use your information in accordance with its privacy policy which is set out below.

6.4. It is your responsibility to maintain the confidentiality and security of your Account and you are responsible for all activity that occurs on your Account.

6.5. You may not allow others to use your Account, name or password.

6.6. You must immediately notify the Company at contact@archiveclassics.com of any known or suspected unauthorised use of your Account or any suspected breach of security including loss, theft or disclosure of your password or your credit card information.

6.7. The Company is not responsible for any losses arising out of the unauthorised use of your Account, password or credit card information.

6.8. You agree to indemnify and hold harmless the Company and its partners, subsidiaries, agents, representatives, employees, contractors and licensors in respect of all losses, damages, fees, costs and expenses (including legal expenses) which may be incurred by reason of:

6.8.1. your use of the Site in any way not expressly authorised hereby;

6.8.2. any breach by you of any intellectual property right in this Site or any material displayed in it or comprising part of it;

6.8.3. any improper, unauthorised or unlawful use of your Account, password or credit card details.

7. Fees

7.1. The fee for the Subscription Service (“Subscription Fee”) is calculated and payable monthly or annually. Once you set up the Account for a monthly subscription, the Company will begin billing your payment for the monthly Subscription Fee. The Company will specify the payment methods available on the Site (the “Payment Method”). Your subscription will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your subscription or the Company terminates it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's Subscription Fee. You may cancel your subscription to the Service at any time by giving notice under clause 13.

7.2. By registering for the Subscription Service, you are expressly agreeing that the Company is permitted to bill you a monthly or annual Subscription Fee and any applicable tax. For monthly subscriptions the Subscription Fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your subscription to the Service or it is terminated. The Company will automatically bill by your chosen Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership beginning on a day not contained in a given month, the Company will bill your Payment Method on the last day of such month. For example, if you registered for the Subscription Service on January 31st, your Payment Method would next be billed on February 28th. All fees and charges including the Subscription Fee are non-refundable. For annual subscriptions the Subscription Fee will be billed at the beginning of your subscription and will expire one calendar year from that date. All fees and charges for annual subscription are refundable for a period of 14 days after account activation. After this period, all fees and charges including the Subscription Fee are non-refundable.

7.3. The Company may change the Subscription Fee, or add new fees and charges from time to time, but it will give you advance notice of these changes by posting the same on the Site and by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may contact the Company to amend your Payment Method. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method.

7.4. The Company shall be under no obligation to provide the Subscription Service until the Subscription Fee has been paid.

8. Termination

8.1. This Agreement and your access to the Service may be terminated by written notice if you are in material breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If the Company reasonably believes you are in breach of clauses 5 or 6 it may suspend your access to the Service at any time.

8.2. You may terminate this Agreement and receive a pro-rata refund for the relevant proportion of the monthly Subscription Fee if the Service is discontinued or if the Company is in material breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to the Company.

9. Intellectual Property Rights

9.1. This Agreement does not give you any intellectual property rights in the Service or the Site nor does it transfer or assign to you any right, title or interest in the Service.

9.2. The Company and its licensors retain exclusive ownership of the Service and all intellectual property rights associated with it.

9.3. You agree that the Site and the Service contain proprietary information that is protected by intellectual property laws and that you will not use the proprietary information in any way except to access the Service upon the terms and conditions set out in this Agreement.

9.4. The Company expressly disclaims any and all responsibility or liability for any action by you that is contrary to intellectual property laws and reserves the right to terminate your subscription account immediately for your failure to comply with such laws.

9.5. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the content on this Site without prior permission. Any further distribution for sale or otherwise or use in any other manner is expressly prohibited. Bidduph Records, Music & Arts, Pristine Classical and APR Records, amongst other logos are all copyright registered. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

9.6. You may retrieve and display the content on the Website on a computer screen, store such content in electronic form on disk (but not on a server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from the Company.

10. Complaints
Due to the high level of customer care the Company provides, complaints are rare. However, we do take complaints very seriously and have strict procedures in place to ensure that they are dealt with fairly and effectively. If you encounter any problems or require any advice regarding your purchase, please contact us. We regard the satisfaction of each and every customer as central to our business and will always give any complaint the highest priority. These terms do not affect your statutory rights.

11. Limitation of Liability

11.1 Because of the nature of the internet, errors and omissions do occur and the Company does not give any warranties in respect of the Service or the Site.

11.2 The Company will use its reasonable endeavours to remedy faults in the Service during the Subscription. If the Company is in breach of the Agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Subscription Fee paid or payable in relation to your use for the relevant year of the Service.

11.3 The Company will not be liable for any other losses arising from your inability to use the Service or from any action taken (or refrained from being taken) as a result of using the Service.

11.4 Notwithstanding the above provisions of this clause 11, the Company’s liability will not be limited in the case of fraud or for death or personal injury caused by the Company’s negligence.

12. Privacy Policy
The information that you provide about yourself to the Company will only be used by the Company in accordance with its Privacy policy. Please read the Privacy policy carefully and if you have any questions please email contact@archiveclassics.com.

13. Notices

13.1. All notices shall be given to the Company via email at contact@archiveclassics.com or by post at St George's House, 15 Hanover Square, London, W1S 1HS or to you at either the email or postal address you provide during any registration process.

13.2. Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

14. Links

14.1. The Service contains links to other web sites and resources, either directly or through frames and, where possible, the Company will make clear where such links are being made. Independent third parties provide these sites and the Company is not responsible and shall not be liable for the availability or content of these outside resources.

15. General

15.1. The Company may transfer and/or assign its rights and/or our obligations under the Agreement. This will not affect your rights under the Agreement.

15.2. You may not assign or transfer any of your rights or obligations under the Agreement.

15.3. Nothing in this Agreement shall confer your rights on any other person. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

15.4. If you breach this Agreement and the Company ignores this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this Agreement.

15.5. This Agreement, together with the Privacy policy and any additional terms on the Service, represents the entire terms agreed between the parties in relation to its subject matter and may be amended only by the Company’s agreement in writing.

15.6. If any part of this Agreement is found by a court of competent jurisdiction to be invalid and unenforceable then such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in force and effect.

15.7. This Agreement shall be governed by and constructed in accordance with the law of England and Wales, and you hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.