Terms and Conditions - Chicane

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Terms and Conditions

TERMS AND CONDITIONS

The following terms and conditions (the “Terms and Conditions”) govern your use of the Enzo Recordings Ltd (Chicane Music) website, its Subscription Service hosted by the third party “Patreon” and Shop powered by “Teemill Tech Limited”. The Site is made available by Enzo Recordings Ltd (Chicane Music) and its affiliates (collectively, “Chicane” or “we” or “us”).  We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. 

BY ACCESSING AND/OR USING THE SITE, INCLUDING INTERACTING OR SUBSCRIBING TO THE CHICANE SUNSETS PATREON ACCOUNT, INTERACTING WITH THE SITE OR ONLINE SHOP, OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES IN THE TERMS AND CONDITIONS.  If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

1. Proprietary Rights.  As between you and Enzo Recordings Ltd (Chicane Music) owns solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein.  Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.  You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only.  Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Enzo Recordings Ltd (Chicane Music) or the applicable rights holder. The Site may contain some features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like.  In such situations, your rights to use such content are limited to the rights expressly granted by Enzo Recordings Ltd (Chicane Music) in such situations.  You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site.  If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.  Enzo Recordings Ltd (Chicane Music) will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

2. Trademarks.  The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Enzo Recordings Ltd (Chicane Music) and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.  All Trademarks not owned by Enzo Recordings Ltd (Chicane Music) that appear on the Site, if any, are the property of their respective owners.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Enzo Recordings Ltd (Chicane Music) of the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited.  Enzo Recordings Ltd (Chicane Music) will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. User Information.  In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”).  Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. 

4. Unsolicited Materials.   Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy.  By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

5. Third Party Websites.  You may be able to link from the Site to third party websites (“Linked Sites”).  For example, you may purchase products, some of which may be Enzo Recordings Ltd (Chicane Music) products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.  Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Third Party websites we use are:

i) Patreon

Enzo Recordings Ltd (Chicane Music) use Patreon to manage and provide Chicane’s Sun:Sets Nation Subscription Service. “Patreon” refers to this platform and the services offered by them.

These are Patreon’s terms of use, and they apply to all users of the Patreon platform. 

By using Patreon you agree to Patreon’s terms and to the other policies they post. Please read them carefully and let Patreon know if you have any questions. For information about Patreon’s data practices, please see Patreon’s Privacy Policy, including Patreon’s Cookie Policy. Patreon can collect and use your information in accordance with those policies.

If you are not in the European Union, then these terms are an agreement with Patreon, Inc., 600 Townsend Street Suite 500, San Francisco, CA. If you are located in the EU, then these terms are an agreement with Patreon Ireland Limited, Suite 3, One Earlsfort Centre, Lower Hatch Street, Dublin 2L, Ireland.

If you use accessibility tools and have questions or concerns, please contact Patreon at accessibility@patreon.com.

ii) Teemill Tech Limited 

Enzo Recordings Ltd (Chicane Music) use Teemill Tech Limited to manage and provide Chicane’s Sun:Sets Nation Shop. 

Rapanui and Teemill websites, products and services are provided by Teemill Tech Limited, registered in England, Teemill Tech Ltd, a limited liability company incorporated in England with its registered address at Hooke Hill, Freshwater, Isle of Wight, PO40 9BG with company registration number 7071956 and VAT number 987 8365 41 (“Rapanui”).  Teemill can be contacted by email: hello@RapanuiClothing.com, and hello@Teemill.co.uk). Purchases of Rapanui and Teemill products and services are subject to their Terms and Conditions set out here.

Teemill are thoroughly committed to protecting the privacy of customers, site visitors and partners. This policy explains how Teemill use the personal information they collect from you, including their collection and use of personal information for all visitors, customers, store operators and business partners regarding all of their online operations, including those via Teemill.com, Uktshirtprinting.com and Rapanuiclothing.com.

6. DISCLAIMER OF WARRANTIES.  THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” [AND] “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED.  WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ENZO RECORDINGS LTD (CHICANE MUSIC)  ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, ENZO RECORDINGS LTD(CHICANE MUSIC) AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ENZO RECORDINGS LTD (CHICANE MUSIC) OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY ENZO RECORDINGS LTD (CHICANE MUSIC) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND ENZO RECORDINGS LTD (CHICANE MUSIC) OR ITS LICENSOR OR SUPPLIER.

7. LIMITATION OF LIABILITY.  IN NO EVENT SHALL ENZO RECORDINGS LTD (CHICANE MUSIC) OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ENZO RECORDINGS LTD (CHICANE MUSIC) FOR YOUR USE OF THE SITE.

8. Applicable Laws. We control and operate the Site from our offices in United Kingdom.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

9. Modifications to the Site and the Services.  We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.  We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Enzo Recordings Ltd (Chicane Music) reserves the right to temporarily or permanently terminate your membership on its Patreon Subscription Service for any or no reason without prior notice.  

10. Notices and Contact Information.  All notices required or permitted to be given under these Terms and Conditions must be in writing and shall be given by personal delivery, registered or certified mail to: Enzo Recordings Ltd, 33 Yeaman Shore, Dundee, DD1 4BJ 

Or electronically via email to: dataprotect@chicanemusic.com 

11. Miscellaneous. 

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. 

Enzo Recordings Ltd (Chicane Music) failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Changes may be made to these Terms and Conditions from time to time. These Terms of Use are governed in all aspects by the Laws of England and Wales. Legal proceedings related to the matters set out in the Terms and Conditions shall be brought and adjudicated solely in the courts of England and Wales.

Last updated: 24.10.2019