Legal Information, General Terms & Conditions, Notices
The website www.odradek-records.com (“Site”) is the property of Odradek Records, LLC (“Odradek”). By using this Site to purchase Digital Products, or for any other reason, users agree to all General Terms and Conditions of use. IF YOU DO NOT AGREE TO THE GENERAL TERMS AND CONDITIONS OR YOU DO NOT UNDERSTAND THE GENERAL TERMS AND CONDITIONS, DO NOT USE THIS SITE. Any person viewing this Site for any reason is considered a User for purpose of these General Terms and Conditions.
Odradek, LLC, is registered in the USA in the state of Kansas with its registered office at 1040 New Hampshire Street, Lawrence, Kansas, 66044. Odradek sells digital streaming and downloads of digital audio and video products subject to these General Terms and Conditions.
All content on this Site, without limitation, is owned, licensed by, or controlled by Odradek and is protected by United States and international copyright, patent and trademark, trade dress, and other international intellectual property rights. Unless specifically permitted in these General Terms and Conditions, no portion of this Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without Odradek’s express prior written consent.
Odradek allows Users to access, stream or purchase permanent downloads of audio and video Digital Products (including information related to these products and associated artwork). All Digital Products available through this Site are owned or controlled by Odradek and protected by the United States and international intellectual property rights outlined above. The content of this Site is also protected by copyright owned by Odradek, LLC, 2011, with all rights reserved.
Any streaming or use of Digital Products purchased through this Site are for non-commercial use only. Upon purchase of the Digital Product, Odradek grants Users a non exclusive, non-transferable license to use the Digital Product for non-commercial use in accordance with the terms of sale stated below.
Digital Products downloaded from this Site may be saved and stored on Users’ hard drives or other media for later exporting, burning or copying. Such exporting, burning and copying shall be solely for non-commercial use and Users must adhere to any and all usage restrictions included in these General Terms and Conditions and in accordance with the terms of sale stated below.
TERMS OF SALE
By making any purchase on this Site, Users represent and warrant that they are of sufficient legal age under the laws of the country where they reside to use this Site and to make such purchase. Specifically, purchasers warrant that they are under no legal disability which would limit their ability to enter a legally binding contract.
Odradek’s obligations, if any, with regard to any sale shall be governed by these General Terms and Conditions and nothing contained on this Site shall be interpreted as expanding or altering these General Terms and Conditions.
Odradek may make add, delete or alter the nature of products or services offered on this Site, or modify prices for those products or services, at any time, without notice. Odradek makes no warranty, express or implied, that the information on this Site about products and services will be up to date. Odradek makes no warranty, express or implied, about any statements made by, of information provided by, any third parties that may be repeated or reproduced in any way on this Site.
Download links in order confirmation emails will be valid for a period of 30 days after purchase. Odradek works to ensure that downloads are available for collection immediately or at any time within thirty days of the date of purchase. In times of exceptional demand, or in the event of exceptional technical problems, purchasers may need to download file(s) at another time.
All Digital Products featured on this Site are subject to availability. Any Digital Product or other content may be withdrawn at any time without notice or liability to Users. In instances when Odradek has obtained rights from third parties to make specific Digital Products available but subsequently loses those rights, the affected products will immediately be withdrawn from the Odradek catalogue.
Odradek reserves the right to make certain Digital Products available only as part of a larger product (e.g. particular tracks may only be available as part of an album).
The price of any Digital Product will be as quoted on this Site at the time of purchase, except in the case of obvious error. Prices do not include sales tax due for sales within the state of Kansas, USA. Prices for Digital Products may change at any time, but will not affect orders for which payment has been made and download codes made available.
Payment for all Digital Products must be by credit, debit card, or PayPal account, and are processed by PayPal. Exchange rates and currency calculations are not automatically made or updated on this Site, and are thus listed prices are only indicative of relative costs. Transactions are made in USD, and if Users wish to convert prices into their local currency, use of the following is recommended: XE Currency Convertor [link]. Actual currency conversion will be performed by credit card companies or PayPal at the time of sale.
Purchasers warrant, by providing credit card, debit card, or billing account details, that they are authorized holders of the relevant credit or debit card or Users of the relevant payment account, and are expressly authorized to use such. All purchases are be subject to account validation checks by PayPal and card issuers.
No contract shall exist between Odradek and purchasers until full payment for all Digital Products purchased has been received by Odradek and Odradek makes the Digital Product available for download. Odradek reserves the right to reject any order received.
In the event a card issuer, or PayPal, refuses to authorize payment, Odradek will not accept the affected order. Odradek will not be liable for any delay or non-delivery and will not be obligated to inform the purchaser of the reason for the refusal. Under no circumstances will Odradek be responsible to purchasers or Site Users for credit or debit card company fees or charges made to purchasers’ or Users’ credit or debit accounts as a result of Odradek’s processing a credit or debit card payment in accordance with a purchaser’s order.
USERS DOWNLOADING PURCHASES TO MOBILE DEVICES MUST BE AWARE THAT SOME NETWORK AND SERVICE PROVIDERS CHARGE AN ADDITIONAL FEE FOR DOWNLOADS. ODRADEK RECOMMENDS USERS CHECK THEIR NETWORK OR SERVICE PROVIDER CONTRACTS TO LEARN THE NATURE AND EXTENT OF ANY ADDITIONAL CHARGES BEFORE PURCHASE. USERS SHOULD ALSO BE AWARE THAT THEY MAY FACE ROAMING CHARGES WHEN DOWNLOADING TO MOBILE DEVICES AS WELL.
Purchasers may not cancel an order for any Digital Product once the Digital Product has been made available for download. Each purchase of any Digital Product shall be deemed a final, non-exchangeable, non-refundable sale.
Odradek strives to provide reliable and dependable delivery of our Digital Products. Nevertheless, sometimes problems occur. In the event of error or damage to Digital Products, or in the event of delivery of an incorrect or incomplete Digital Product, contact us at firstname.lastname@example.org or call us at +1 (785) 842-2756. Odradek will replace any faulty or damaged Digital Product when possible. In situations of continuing unresolved issues, Odradek may at its sole discretion offer a substitute Digital Product or issue a refund. Purchasers must notify Odradek of problems within 10 days of Purchaser’s download of the Digital Product, or purchaser will waive any right to seek redress and Odradek will have no liability to purchaser.
Odradek warrants that any Digital Product purchased through its Site is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. Odradek does not make any other promises or warranties about its Digital Products. Odradek also makes no warranty that its digital products will perform on purchasers’ computers or mobile devises. Users agree that use of this Site to access or purchase Digital Products is at Users’ sole risk. Odradek shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by Odradek’s negligence.
Purchasers of any Digital Product from Odradek may copy, distribute and transmit the work provided:
- the Digital Product is not resold or used for any commercial purposes;
- The Digital Product is not posted or uploaded on any p2p network, or other internet websites;
- Attribution is given to Odradek and the author(s) or creator(s) of the Digital Product; and,
- the Digital Product is not altered, transformed, or otherwise expanded in the reproduction or distribution process.
Purchasers of any product on this Site will be required to click the “I Agree” button to complete their order. By clicking the “I Agree” button and/or by using this Site to purchase Digital Products Users accept these General Terms and Conditions as well as these Terms of Sale. Purchasers with questions about these terms should contact Odradek before placing any order.
USE OF THE SITE
Users agree to provide truthful, complete and accurate personal information when requested. Users should keep their account details (including any password) safe by not sharing or disclosing details to anyone. Users must notify Odradek immediately when they suspect their account details have been compromised. Users are responsible for all orders placed using their personal information and account details.
Users must keep personal account information up to date by accessing the Site or contacting Odradek at email@example.com.
Users are prohibited from using any automatic device, program, algorithm or methodology, or any similar manual process, (including but not limited to any “deep-link”, “page-scrape”, “robot”, “spider” or other device) to access, copy or monitor any part of the Site for any reason.
Unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any Odradek server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means is prohibited.
Users may not hack, probe, scan or test the vulnerability of the Site or any network connected to the Site. Users may not reverse look-up, trace or seek to trace any information contained on the Site or any Odradek network about any other Site User.
Users may not take any action, or use any device, software or routine, to impose an unreasonable load or attempt to interfere with the proper working on the infrastructure of the Site, systems or networks, or any systems or networks connected to the Site.
Users may not disguise in any way the origin of any message or transmittal sent to Odradek on or through the Site. Users may not use the Site or any content for any purpose that is unlawful or prohibited by these General Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes Odradek’s rights or rights of others.
Laws in some jurisdictions require that information or communications between Odradek and Site Users be in writing. When using this Site, Users agree and understand that communication with Odradek will be electronic. Users agree to this electronic means of communication and acknowledge that all such electronic contact, contracts, notices, and information comply with any legal requirement that such communications be in writing.
This Site is accessible worldwide, however, not all products or services discussed, provided or offered through or on the Site are available in all geographic locations. Users who choose to access the Site from outside the United States, do so on their own initiative and are solely responsible for complying with applicable local laws.
Personal information is data that can be used to identify or contact a single person. Oderdek does collect personal information about some Site Users. Examples of personal information Odradek may collect include: User’s name, mailing address, phone number, email address, contact preferences, and credit card information. If Users send gift certificates and products, or invite others to join Odradek forums, Odradek may collect the information provided about those invitees such as name, mailing address, email address, and phone number.
Unless Users direct otherwise, Odradek may use personal information to keep Users informed about Odradek products and upcoming events. Odradek may also use personal information to send Users notices about purchases and changes to Odradek policies.
Odradek may also collect non-personal information, data in a form that does not permit direct association with any specific individual, such as occupation, language, and location where an Odradek product is used. Non-personal information may be used to assist Odradek to understand customer behavior and improve our products, services, and advertising.
Odradek’s website may use “cookies” to better understand User behavior, tell it which parts of its website people have visited, and facilitate and measure advertising effectiveness. Information collected by cookies is considered non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, Odradek also treats these identifiers as personal information.
Odradek may gather some information automatically (i.e., IP addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp). Odradek may use this non-personal information for marketing purposes.
Odradek may make certain personal information available to partners that help Odradek provide products and services, or allow payment for Odradek Digital Products. Personal information will only be shared by Odradek as required to provide, or improve, our products, and to complete User’s purchases; it will not be shared with third parties for their marketing purposes. Third party companies are obligated to protect Users’ information and may be located wherever Odradek operates.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside a User’s country of residence − for Odradek to disclose a User’s personal information. Odradek may also disclose information about a User if Odradek determines that for purposes of national security disclosure is necessary or appropriate.
Odradek may also disclose personal information if Odradek believes disclosure is reasonably necessary to protect its operations or Users. Additionally, in the event of a reorganization, merger, or sale Odradek may transfer any and all personal information Odradek collects to the relevant third party.
Odradek takes precautions — including administrative, technical, and physical measures — to safeguard a User’s personal information against loss, theft, and misuse. When a User visits some portions of the Odradek Site, however, personal information provided by that User may be visible to other Users. Users assume responsibility for the information they voluntarily provide under such circumstances.
Odradek does not knowingly collect personal information from children. If Odradek learns that Odradek has collected the personal information of a child, Odradek will take steps to delete the information as soon as possible.
Any questions or concerns regarding the use or disclosure of personal information should be directed to Odradek Records, 1040 New Hampshire Street, Lawrence, KS 66044, USA. Odradek will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Odradek and the complainant, Odradek has agreed to participate in the dispute resolution procedures of the panel established by the EU data protection authorities (DPAs) to resolve disputes pursuant to the Safe Harbor Privacy Principles, as well as to cooperate and comply with the Federal Data Protection and Information Commissioner of Switzerland. The EU DPAs panel may be contacted at firstname.lastname@example.org and the individual EU DPAs may be contacted directly as well (see http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm). The contact information for the Swiss FDPIC can be found at: http://www.edoeb.admin.ch/kontakt/index.html?lang=en.
To make certain a User’s personal information is secure, Odradek instructs all employees on privacy requirements and directs them to strictly enforce privacy safeguards within the company.
We self-certify compliance with Safe Harbor
VIOLATION OF TERMS
Users or purchasers of Digital Products who are in breach of these General Terms and Conditions or Terms of Sale face any or all of the following:
- immediate, temporary or permanent withdrawal of User account access;
- immediate, temporary or permanent withdrawal of authority to use this Site;
- legal action;
- disclosure of information to law enforcement authorities as Odradek in its sole discretion reasonably believes is necessary.
The responses described above are not limited and Odradek may take any action it deems reasonably appropriate.
All matters relating to User’s access to or use of the Site, including all disputes, will be governed by the United State laws and the laws of the State of Kansas. Users agree to personal jurisdiction in the District Courts of Douglas County, Kansas or the United States District Court in the District of Kansas, and waive any objection to such jurisdiction and venue. The provision regarding venue does not apply to Users in the European Union. Users based in the European Union may make a claim in the courts of the country in which they reside.
No recovery may be sought or received for damages other than the purchase price of the Digital Products purchased. In the event of any controversy or dispute, the parties shall attempt, promptly and in good faith, to resolve any such dispute. Either party may submit the dispute to mediation prior to seeking redress in any court of law. If the dispute cannot be resolved through mediation, then the parties may pursue any right or remedy available to them under applicable law.
Nothing in these General Terms and Conditions will limit Odradek’s right to obtain injunctive relief against Users or purchasers, in addition to all other remedies, to enforce these General Terms and Conditions or the Terms of Sale and to prevent the unauthorized use of this Site, and/or its Digital Products.
All notices must be given to Odradek Records, LLC, 1040 New Hampshire Street, Lawrence Kansas, 66044, USA or by emailing email@example.com. Odradek will give notice to Users at the e-mail address provided as part of the order process or account registration. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
Users should address any questions regarding this Site, Odradek Digital Products, or any of these General Terms and Conditions to the addresses above.
If any of the provisions of these General Terms Conditions are held by a court or other tribunal of competent jurisdiction to be invalid, unlawful, void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and the remaining provisions shall continue to be valid to the fullest extent provided by law.
These General Terms and Conditions constitute the entire agreement between Site Users and Odradek. Any prior General Terms and Conditions, or other written or oral agreements or understandings previously existing between Site Users and Odradek are hereby cancelled.
Odradek’s failure to insist on or enforce strict performance of these General Terms and Conditions shall not be construed as a waiver by Odradek of any provision or any right it has to enforce these General Terms and Conditions. No course of conduct between Odradek and Site Users or any other party shall be deemed to modify any provision of these General Terms and Conditions.
These General Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.
Odradek reserves the right to revise and amend these General Terms and Conditions at any time and for any legitimate business purpose.
Odradek expressly dissociates itself from the contents of all linked or connected pages found on this Site.
Odradek reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
All orders are securely processed through Paypal. A Paypal account is not required for checkout. Paypal checkout accepts credit cards, debit cards, bank transfers and Paypal accounts. PayPal payments are made to sales [at] odradek [hyphen] records [dot] com.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off our site and from PayPal when finished using a shared computer. You must keep secret any personal identification numbers or other security codes that Odradek Records gives you for access to the Odradek Records shop system. You should also make sure that any internet payment transaction you make is done in a secure environment.