Terms and Conditions
TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Neuro-Project SA (TRADING AS Brooklyn Bridge Records) (“BBR”) STATING THE TERMS THAT GOVERN YOUR USE OF THE BBR STORE AND TGE WEBSITE. THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF BBR’S RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND BBR. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND BBR MAY REFUSE ACCESS TO THE BBR WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. BY USING THE BBR STORE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.
- The BBR Store.
BBR is the provider of the BBR Download Service that permits you to purchase downloads of digital content including without limitation sound recordings, audio-visual material, software and data files -under certain terms and conditions as set forth in this Agreement. BBR also provides internet-based retail sales of physical music products, merchandise, and other related artworks. Collectively these services are known as the BBR Store.
- Age requirements for use of the BBR Store.
This BBR Store is available for individuals aged 18 years or older. If you are under 18, you may use this BBR Store only with the involvement of a parent or guardian.
- Objectionable Material.
You understand that by using the BBR Store, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the BBR Store at your sole risk and that BBR shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
- Policies and Rules.
Your use of the BBR Store and purchases made through it are subject to BBR’s Sales Policy below and any end-user agreements or other terms and conditions required for use of the BBR Store, all of which are hereby made a part of this Agreement. If you have not already read BBR’s Sales Policy, you should do so now.
- Your Information.
You agree to provide accurate, current, and complete information required to register with the BBR Store and at other points as may be required in the course of using the BBR Store (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BBR may terminate your rights to any or all of the BBR Store if any information you provide is false, inaccurate or incomplete. You agree that BBR may store and use the Registration Data you provide for use in maintaining your accounts.
- User Registration Data and Security.
- Registration Data.
As a registered user of the BBR Store, you have to fill in a Registation Formula. You are solely responsible for maintaining the confidentiality and security of this document. You should not reveal your Registration information to anyone else or use anyone else’s Registration information. You are entirely responsible for all activities that occur on or through your Registration Formula, and you agree to immediately notify BBR of any unauthorized use of your Registration Formula or any other breach of security. BBR shall not be responsible for any losses arising out of the unauthorized use of your Registration Data.
You understand that the BBR Store, and products purchased through the BBR Store, such as sound recordings and related artwork (“Products”), are protected by Copyright law and limits your usage of Products to certain usage rules established by BBR (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by BBR for compliance purposes, and BBR reserves the right to enforce the Usage Rules with or without notice to you. You will not access the BBR Store by any means other than through the website that is provided by BBR for accessing the BBR Store. You shall not access or attempt to access an Account that you are not authorised to access. You agree not to modify the website in any manner or form, for any purposes including obtaining unauthorized access to the BBR Store. Violations of system or network security may result in civil or criminal liability.
- Registration Data.
- Agreement to Pay.
- Payment for Products.
You agree to pay for all Products you purchase through the BBR Store, and that BBR may charge you for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your order. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BBR WITH A VALID VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment method you designate during the registration and purchase process. Valid payment methods are PAYPAL or BANK TRANSFER.
- Right to Change Prices and Availability of Products.
Prices and availability of any Products are subject to change at any time.
- In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- Payment for Products.
- Intellectual Property.
- Acknowledgement of Ownership.
You agree that the BBR Store, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by BBR and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the BBR Store in compliance with the terms of this Agreement. No portion of the BBR Store may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the BBR Store, in any manner, and you shall not exploit the BBR Store in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
- Removal of BBR Content or Other Materials.
Notwithstanding any other provision of this Agreement, BBR and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the BBR Store at any time without notice. In no event will BBR be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. BBR may also impose limits on the use of or access to certain features or portions of the BBR Store, in any case and without notice or liability.
All copyrights in and to the BBR Store, including but not limited to, the BBR website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by BBR and/or its licensors. THE USE OF THE WEBSITE OR ANY PART OF THE BBR STORE, EXCEPT FOR USE OF THE BBR STORE AS PERMITTED IN THESE TERMS OF BBR STORE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
BBR, the BBR logo, and other BBR trademarks, service marks, graphics, and logos used in connection with the BBR Store are trademarks or registered trademarks of BBR in Luxembourg, Europe. Other trademarks, service marks, graphics, and logos used in connection with the BBR Store may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
- Acknowledgement of Ownership.
- Termination by BBR.
If you fail, or BBR suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide BBR with a valid credit card or other payment method or with accurate and complete Registration Data, failure to safeguard your Registration information, or violation of the Usage Rules or any license to the software, BBR, at its sole discretion, without notice to you may:(i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due on the basis of your order up to and including the date of termination;and/or preclude access to the BBR Store (or any part thereof).
- Termination of the BBR Store.
BBR reserves the right to modify, suspend, or discontinue the BBR Store (or any part or content thereof) at any time with or without notice to you, and BBR will not be liable to you or to any third party should it exercise such rights.
- Termination by BBR.
- General Compliance with Laws.
The laws of Luxembourg, govern these Terms and your use of the BBR Store. Your use of the BBR Store may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BBR or relating in any way to your use of the BBR Store resides in the courts of Luxembourg.
- Enforcement of These Terms.
BBR reserves the right to takes steps BBR believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BBR’s right to cooperate with any legal process relating to your use of the BBR Store and/or Products, and/or a third party claim that your use of the BBR Store and/or Products is unlawful and/or infringes such third party’s rights). You agree that BBR has the right, without liability to you, to disclose any Registration Data and/or information to law enforcement authorities, government officials, and/or a third party, as BBR believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BBR’s right to cooperate with any legal process relating to your use of the BBR Store and/or Products, and/or a third party claim that your use of the BBR Store and/or Products is unlawful and/or infringes such third party’s rights).
- No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the BBR Store may include materials from third parties. In addition, BBR may provide links to certain third party websites. You acknowledge and agree that BBR is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. BBR does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
- Disclaimer of Warranties; Liability Limitations.
- BBR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BBR STORE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BBR MAY REMOVE THE BBR STORE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE BBR STORE AT ANY TIME, WITHOUT NOTICE TO YOU.
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE BBR STORE IS AT YOUR SOLE RISK. THE BBR STORE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE BBR STORE ARE (EXCEPT AS EXPRESSLY STATED BY BBR) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- IN NO CASE SHALL BBR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BBR STORE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR JURISDICTIONS, BBR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- BBR SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND BBR HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- BBR DOES NOT REPRESENT OR GUARANTEE THAT THE BBR STORE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BBR DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
- Waiver and Indemnity.
BY USING THE BBR STORE, YOU AGREE TO INDEMNIFY AND HOLD BBR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE BBR STORE, OR ANY ACTION TAKEN BY BBR AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM BBR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE BBR STORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BBR’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
BBR reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the BBR Store. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the BBR Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
BBR may send you notice with respect to the BBR Store by sending an email message to the email address listed in your BBR Account contact information, by sending a letter via postal mail to the contact address listed in your BBR Account contact information, or by a posting on the BBR website. Notices shall become effective immediately.
These Terms of BBR Store constitute the entire agreement between you and BBR and govern your use of the BBR Store, superseding any prior agreements between you and BBR. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of BBR Store is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BBR’s failure to enforce any right or provisions in these Terms of BBR Store will not constitute a waiver of such provision, or any other provision of these Terms of BBR Store. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BBR will not be responsible for failures to fulfill any obligations due to causes beyond its control.
- GENERAL TERMS
No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an email to you confirming that we have accepted your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the email to you (whether or not you receive that email). This confirmation email amounts to an acceptance by us of your offer to buy products from us or a 3rd party supplier that is engaged on your behalf by us.
- DIGITAL SALES POLICY
- Sales to End Users
The BBR website sells products to end user customers only.
- Digital Refund Policy
All Sales are final.
- Delivery of Products.
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by BBR.
- Products Requirements.
You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and BBR shall be without liability to you in the event of any loss, destruction, or damage.
- Use of Products.
You acknowledge that copyright laws limit your usage of Products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.
- Sales to End Users
- DOWNLOAD USAGE RULES
- Personal Use
You shall be authorized to use the Products only for personal, noncommercial use.
You shall be authorized to store as unlimited copies of the Product on any media, provided that these copies are for personal non-commercial use only. The Product or copies of the Product may not be resold or streamed either for profit or non-profit use,
- Export, ‘Burning’, Copies
You shall be entitled to export, burn (write the Product onto A CD or other physical media) or copy Products solely for personal, noncommercial use.
- No Waiver of Copyright
Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product.
- Security Technology
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the BBR Store or used to administer the Usage Rules.
- Exclusion of Commercial or Promotional Rights
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
- Acceptance of Usage Rules
You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. BBR reserves the right to modify the Usage Rules at any time.
- Personal Use
- PHYSICAL SALES POLICY
When placing an order for any physical products from the Website, you will state, and shall also at the same time confirm to us, at your own risk, your home address, telephone number, delivery requirements and selected payment method together with such other details that may be requested at that time from you by us.
You may cancel your order within 24 hours after completition of your order by mailing us under firstname.lastname@example.org, ensuring that you quote your name, address and order reference number.
- Our Returns Policy
Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies:
- Damaged or Defective Goods
In the unlikely event that you receive products which are damaged or defective, we shall, at our own option, either replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the products and that you return the products in the same condition that you received them. Please note that BBR Limited cannot accept returned goods that are returned in a condition different from that in which they were dispatched to you. BBR Limited will not be able to give a refund if the goods returned are not received and for your protection we recommend that you return any items via recorded delivery.
- Our Mistake
If items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge if the items are available at the time the request is made, whichever you prefer. Please note that when you place your order, a label is automatically generated from the address you have typed into your account details, so you are responsible for getting this right. If you get your address wrong and do not notify us before the order is sent, we cannot refund the postage costs. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us.
- Your Mistake
If items are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the post office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the postage and packaging charge again.
- Acceptance of Terms
All orders are made subject to acceptance by you of these terms and conditions and fulfilment of any order is subject to availability and acceptance by us of your order. We are under no obligation to accept any customer order.
- Order Progress
You can check the progress of your order by visiting the “My Account” section of the Websites.
BBR accepts Paypal and Bank Transfers as forms of payment.
BBR purchases will include sales tax (VAT) based on the bill-to address and the sales tax rate in effect at the time of download. If the sales tax rate for the billing address changes before the song is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in countries where music downloads are taxable. No customers are eligible for tax exemptions for purchases made on BBR.
BBR endeavors to offer you competitive prices on current selections. Your total price will include the price of the product plus any applicable sales tax (in effect on the day of download). BBR reserves the right to change prices for products offered at the BBR website at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
FOR ASSISTANCE WITH ORDERS
For assistance with billing questions or other order inquiries, please refer to our FAQ. If you cannot find the answers you are seeking in the FAQ, you can send us an email at email@example.com.
OTHER TERMS AND CONDITIONS
BBR is not responsible for typographic errors. BBR reserves the right to change the terms and conditions of sale at the BBR website at any time. Customers are encouraged to review the Sales Policies on a periodic basis for modifications.