TERMS AND CONDITIONS
ANAEL PRODUCTIONS, ANAEL MUSIC, APSIS MUSIC AND ANAEL.NET WEBSITE AND MOBILE APPLICATION TERMS AND CONDITIONS
This website is accessible worldwide to anyone with Internet access. Use of Anael.net is subject to the terms and conditions of this statement and all applicable laws and regulations, including laws and regulations governing copyright and trademark. By visiting this site, you accept, without limitation or qualification, all of the terms and conditions as stated in this agreement. Anael.net reserves the right to change these terms and conditions at any time. The changes will appear on this screen. By visiting the site, you agree in advance to accept any changes. Your use of Anael.net is at your own risk. Neither Anael.net nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or to anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the site and the information available on the site or arising out of any action taken in response to or as a result of any information on the site. You hereby waive any and all claims against Anael.net and its subsidiaries, divisions, affiliates, agents, representatives and licensors arising out of your use of the site and the information available thereon.
USING THE SITE
- Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. We may terminate your permission to use the Site for any conduct that we consider to be inappropriate, or for your breach of these Terms, including the Restrictions listed in paragraph 4. Your use of the Site is at your own risk.
- Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to Anael Productions & Anael Music.
- User Accounts: You may need to register to use part of the Site. We may reject or require that you change any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.
- Responsibility for Your Content: You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless Anael Productions & Anael Music and our agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). We reserve the right to remove any messages for any or no reason whatsoever.
- Anael Productions & Anael Music’s Right to Use Your Content: By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Site, you are granting Anael Productions & Anael Music a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
- Ownership: All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Anael Productions, Anael Music & APSIS Music and is protected by copyright, trademark, and other intellectual property rights. Material on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Anael Productions in each instance. You may download material intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials. Credit: The official Anael.net website was designed and built by Isabelle Roger. Anael photos by Bradfield Wiltse. All media/images on this website are copyright APSIS Music. Copyright Information: Copyright ©1997-2016 APSIS Music. All Rights Reserved. This website is protected under the copyright laws of Canada and other countries. The materials used and displayed on Anael.net, including but not restricted to website design and underlying source code, text, video, music, sound, names, logos, trademarks and service marks, software, photographs, graphics, illustrations and artwork, are the property of APSIS Music or its affiliates or licensors, and are protected by copyright, trademark and other laws. Any such content may be displayed exclusively for your personal, non-commercial use, and you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the express written permission of APSIS Music. If you have a question about this copyright notice, or are seeking permission to use any of the materials on this site or any Anael images, texts, or audio or video recordings, please contact us directly.
- Downloading Music: By clicking on ‘Add to Cart’ you agree to abide by the license provided herein in regard to the downloading of music from this website. Any download purchase of a digital musical file from this website shall entitle you to personal use of such digital music file throughout the world for the life of the copyright of the sound recording and the musical work embodied in the sound recording. Your use of any purchased digital musical file shall allow you to transfer the file to your own computer, portable music device or to burn the same on a CD-R or other digital music storage media, but shall not entitle you to transfer such digital music file to any third party or to place such digital music file on a peer-to-peer network or to transfer such digital music file to any media that is not solely owned and controlled by you. You acknowledge and agree that to violate the terms as set out above shall constitute a copyright infringement under applicable laws, and legislation.
You also agree to not sell or rent the digital musical file purchased on this website or participate in any activity where the digital musical file is the sole element in securing financial gain.
All the materials on this website are available solely for personal use. Further distribution, resale or broadcasting is prohibited.
The MP3 files you download from this website will play on audio players in computers or other MP3 players.
We assume no responsibility for MP3 performance when transferred to a CD-R due to non-standard methods of burning, etc.
When you purchase a download on this website you will receive only the MP3 music files.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site). We do not review every message or confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Anael Productions & Anael Music, its labels, or any person or entity associated with Anael Productions & Anael Music. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
- You agree not to, and will not assist, encourage, or enable others to use the Site to:
i. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
ii. Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
iii. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
iv. Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without Anael Productions prior written consent;
v. Solicit, request or collect personal information for commercial or unlawful purposes;
vi. Solicit personal information from minors;
vii. Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
viii. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
ix. Impersonate any other individual or entity.
- You also agree not to, and will not assist, encourage, or enable others to:
i. Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);
ii. Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
iii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
iv. Record, process or mine information about other users;
v. Reformat or frame any portion of the Site;
vi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Anael Productions & Anael Music’s technology infrastructure or otherwise make excessive traffic demands of the Site;
vii. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
viii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
ix. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or
x. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site.
The Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, Anael Productions, Anael Music & APSIS Music does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.
You agree to indemnify, defend and hold harmless Anael Productions & Anael Music and its affiliated companies, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Anael Productions & Anael Music reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ANAEL PRODUCTIONS & ANAEL MUSIC AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
- THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. ANAEL PRODUCTIONS & ANAEL MUSIC MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, ANAEL PRODUCTIONS & ANAEL MUSIC IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE SITE.
- ANAEL PRODUCTIONS & ANAEL MUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
- ANAEL PRODUCTIONS & ANAEL MUSIC, ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- ANAEL PRODUCTIONS & ANAEL MUSIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANAEL PRODUCTIONS & ANAEL MUSIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY THIRD PARTY SITE.
- ANAEL PRODUCTIONS & ANAEL MUSIC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTIST FEATURED ON THE SITE.
VOID WHERE PROHIBITED
Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. Anael Productions & Anael Music reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges (IF APPLICABLE), incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Anael Productions & Anael Music will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. Anael Productions & Anael Music does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
- In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
- The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- Any failure by Anael Productions & Anael Music to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- The Terms are not assignable, transferable or sub licensable by you except with Anael Productions prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The CANADIAN Digital Millennium Copyright Act (The Canadian DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under The Canadian DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that Anael Productions & Anael Music should be notified of a possible online copyright infringement involving any Anael Productions & Anael Music, and Anael.net website, please notify us.
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in The Canadian DMCA.