Terms & Conditions

(1) Introduction
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

(2) Licence to use website
Unless otherwise stated we, or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or any other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) Republish material from this website (including republication on another website).
(b) Sell, rent or sub-license material from the website.
(c) Show any material from the website in public.
(d) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
(e) Edit or otherwise modify any material on the website.
(f) Redistribute material from this website.

(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.

(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to any areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.

(5) User generated content
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(6) Payment
All payment for any purchases made on our site are handled by Paypal. Ho Hum Records Ltd. do not collect hold or store any bank or card details. You do not have to create a Paypal account to be able to pay for any purchases. Once Ho Hum Records Ltd. receives confirmation of payment from Paypal, we will dispatch your order. In the unlikely event there is an unacceptable delay on delivering your goods we will refund your money in full. You should inform our accounts department of your request for a full refund by sending an email to info@hohumrecords.com. If we do not receive a request for a refund then we will continue to process your order and deliver as soon as your products become available. When purchasing digital downloads, your download will be available to you in your Ho Hum account, which you can access from “My Downloads”. You will have to be signed in to your account to access this. You are permitted to download your purchases within our Fair Usage policy as detailed below. . If Ho Hum Records believe your account may be purged and is being used to download material for free, we will contact you before amending your account.

(7) Delivery
Delivery charges will be calculated when you order is completed. The charge will depend on the weight of the goods, the number of items ordered and the destination country for shipping. All orders are despatched via Royal Mail, please allow at least 14 days for delivery. Next day delivery can be arranged at an extra charge.
If you have any issues regarding delivery, or indeed it is not to your satisfaction in any way, please feel free to contact us by email at info@hohumrecords.com.

(8) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(9) Limitations of liability
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
(b) We will not be liable for any consequential, indirect or special loss or damage.
(c) We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
(d) We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
(e) Our maximum liability in relation to any event or series of related events will be limited to £10.

(10) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(11) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(12) Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(13) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(14) Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(15) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(16) Entire agreement
These terms of use together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(17) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(18) Fair usage policy
Ho Hum Records agree you are permitted to download your product more than once allowing for different medias, however should a user download their item repeatedly during a limited period of time, for example more than 10 times in any one month, then Ho Hum Records reserve the right to freeze the account until such time as an agreement is in place for the account to re-open. This decision is at the discretion of the Directors of Ho Hum Records.

(19) General Returns Policy
You may return new, unopened items sold and fulfilled by Ho Hum Records within 30 days of delivery for a full refund. Items should be returned in their original product packaging. We'll also pay the return shipping costs if the return is a result of our error. Please use the address below, with a copy of your receipt, outlining why you have returned your item. Without this information it will be difficult for us to process your request.

(20) Our details
The full name of our company is Ho Hum Records Ltd.
We are registered in England & Wales under registration number 6401319.
You can contact us by email to info@hohumrecords.com
These website terms of use are based on a template
created by Website-contracts.co.uk
and distributed by Website-law.co.uk.