This Terms of Use Agreement
(”Agreement”) sets forth the legally binding
terms for your use of the 2DigitalMedia. By using the
2DigitalMedia, you agree to be bound by this Agreement,
whether you are a “Visitor” (which means that
you simply browse the 2DigitalMedia Website) or you are a
“Customer” (which means that you have placed an
order with 2DigitalMedia). The term “User”
refers to a Visitor or a Customer. You are only authorized
to use the 2DigitalMedia (regardless of whether your access
or use is intended) if you agree to abide by all applicable
laws and to this Agreement. If you wish to become a
Customer and make use of 2DigitalMedia, you must read this
Agreement and indicate your acceptance during the Order
process.
The service we offer is currently only available within the
United Kingdom. Wherever possible we will carryout the work
you require us to do within 5 working days of receipt. We
will undertake to do all that we can and all that is
reasonably possible to keep your goods intact, however it
must be fully understood that we are unable to accept
responsibility for any damage caused to your original media
during transit or during the process of transferring or
converting the information from your media to the chosen
format.
By placing an order with us and submitting your material to
us, you become our customer and you agree that the maximum
liability of 2DigitalMedia for any damage, loss or delay to
your goods or the recordings on such media is limited to
£34.
By placing an order with us and submitting your goods to us
will be your confirmation to us that there are no
infringements of copyright of the material submitted for
transferring or converting to the chosen media or you hold
written permission to allow the transferring or converting
to the chosen media to take place. And that should there be
any legal challenges in terms of copyright you will be
solely responsible.
2DigitalMedia has the right to refuse its services and if
considered appropriate without question or
explanation.
2DigitalMedia will not under any circumstances work with
goods that are in breach of current law so please do not
ask. Any such material that is submitted to us will be
passed to the appropriate authorities.
Limitation on Liability
In no event shall 2DigitalMedia be liable to you or any
third party for any indirect, consequential, exemplary,
incidental, special or punitive damages, including lost
profit damages arising from your use of the services, even
if 2DigitalMedia has been advised of the possibility of
such damages. Notwithstanding anything to the contrary
contained herein, 2DigitalMedia’s liability to you
for any cause whatsoever and regardless of the form of the
action, will at all times be limited to the amount paid, if
any, by you to 2DigitalMedia for the services detailed in
the order you so placed.
Indemnity
You agree to indemnify and hold 2DigitalMedia, its
subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable
legal fees, made by any third party due to or arising out
of your use of the 2DigitalMedia service in violation of
this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and
warranties set forth.
Copyright
When considering music copyright there are two main types
to consider, traditional copyright and Phonograph
copyright. As far as music is concerned, not only is the
music itself protected (musical score, composition and
lyrics), but the artwork and cover designs are also
protected. These can be registered individually or as one,
providing they all have the same copyright owner.
Phonograph copyright refers to the sound recording
itself.
Copyright of a sound recording runs for 50 years in the UK
(up to 70 years in other countries) and is effective from
the year of the recording or from the date of release if
released in that time. Anything older than 50 years is no
longer subject to copyright restrictions. Music within the
50 year copyright timeframe are “fair use”
restrictions. This means that you can make a copy (as a
back up for example) for yourself, so long as you keep both
the original and back up. If the music is something that
you have made yourself, then you own the copyright to that
and can make as many copies as you wish.
If you are unsure of the copyright laws or would like more
information before submitting your order please visit the
UK Copyright Services web site.
By submitting an order Customer declares and warrants that
all materials provided for conversion and/or duplication
are not in violation of any copyright laws.
Customer will indemnify and hold 2DigitalMedia harmless in
respect to any claims or demands by any third party that
infringes upon any Copyright law. The Photos materials
submitted were either created by Customer or Customer has
the right to permit 2DigitalMedia to perform duplication
services, or Customer has the permission of the copyright
owner to duplicate Photos materials and written release
form is provided.
Acknowledgement
Having read and understood this agreement, you acknowledge
its priority to any order, engagement or advertisement, and
agree to its terms.
2DigitalMedia is part of Zedoary.