1. ACCEPTANCE OF TERMS
Welcome to themusicking.co.uk. www.themusicking.co.uk provides our service to you subject to the following Terms and Conditions of Service (TCS), which may be updated without notice. When using particular Music King services you and Music King shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TCS.
2. DESCRIPTION OF SERVICE
The Music King provides users with great value musical products and confirmation and customer account maintenance. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for the Music King to provide the Service. However The Music King accepts no liability for any services or products offered by 3rd party advertisers using this site.
3. GOVERNING LAW AND CONTRACT FORMATION
No contract will subsist between you and The Music King, for the sale by it to you of any product unless The Music King., accepts your order by e-mail confirming that it has dispatched your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time the music king, sends the e-mail to you (whether or not you receive that e-mail). For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and The Music King, irrevocably submit to the non-exclusive jurisdiction of the English Courts.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Music King has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Music King and privacy of all its users.
5. MEMBER ACCOUNT, ACCESS AND SECURITY
You are responsible for maintaining the confidentiality of the access code and account, and are fully responsible for all activities that occur under your access code or account. You agree to (a) immediately notify The Music King of any unauthorised 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. Music King cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
7. MODIFICATIONS TO SERVICE
The Music King reserves the right to modify or discontinue the Service (or any part thereof) with or without notice. You agree that The Music King shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. TERMINATION
You agree that The Music King in its sole discretion, may terminate your access code, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service for any reason including, without limitation, if Music King believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Music King may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The Music King may immediately deactivate or delete your account and all related information. Further, you agree that Music King shall not be liable to you or any third-party for any termination of your access to the Service.
9. The Music King's PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by The Music King or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Music King SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF www.themusicking.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE.
DISCLAIMER
TO THE FULLEST EXTENT PERMITTED AT LAW, THE MUSIC KING IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WEWOW LTD., DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
Price and availability information is subject to change without notice. E&OE
Except as specifically stated on this website, to the fullest extent permitted at law, The Music King, nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, inphi.net new media ltd., does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of The Music King its affiliates, directors, employees or other representatives.
11. TRADEMARK INFORMATION
The Music King Logo. Without The Music King's prior permission, you agree not to display or use in any manner, the The Music King Marks.
12. COPYRIGHT
All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are copyright The Music King and its affiliates. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with The Music King., or using this website as a shopping resource. Any other use of materials on this Web site--including reproduction for purposes other than those noted above, modification, distribution, or republication--without the prior written permission of inphi.net new media ltd. is strictly prohibited.
13. GENERAL INFORMATION
The Terms and Conditions of Sale (TCS) constitute the entire agreement between you and Music King and govern your use of the Service, superceding any prior agreements between you and The Music King. The TCS and the relationship between you and The Music King shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions.
You and The Music King agree to submit to the personal and exclusive jurisdiction of the courts located within the country of the United Kingdom. The failure of The Music King to exercise or enforce any right or provision of the TCS shall not constitute a waiver of such right or provision. If any provision of the TCS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TCS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TCS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TCS are for convenience only and have no legal or contractual effect. The images displayed do not necessarily represent the articles on sale and are used for artistic purposes only.
Our Company Details
The Music King (Ace Distribution Ltd)
Unit 11
Mucklow Hill Trading Est 1
Halesowen
West Midlands
B62 8DF
Phone:- +44 (0) 0845 200 5464
Email: Sales@themusicking.co.uk
VAT Reg No: 868405103
Company Reg: 556184
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