Xarnia.com Terms of Service
Thanks for joining Xarnia.com, THE indie music portal. The following terms and conditions govern your use of our site (www.xarnia.com) and any of the services or products offered therein.
The purchase of products or services from Xarnia.com constitutes acceptance and agreement to all our terms and conditions outlined below.
Xarnia.com (a trading name of RFSD Ltd) hereinafter referred to, as “Xarnia” or “Xarnia.com” may need to change our terms of service from time to time due to the amendment of our products and services, the introduction of new products and services and any changes to the law, and we reserve the right to do so at our sole discretion.
Xarnia.com is a platform in which users can sell and promote their music, plus a variety of other services hereinafter referred to as “Services” and “Products”. Xarnia users may upload and sell their own music and physical CDs (which is subject to separate artist agreements) and users may come onto the site to browse, purchase music, enter competitions or use our other services and products.
2. Use of Xarnia.com
2a. Persons under the age of 13 (thirteen) years are prohibited from entering into any contracts under the law. Even those who are between the ages of 13 and 18 must have the permission of a parent or legal guardian before entering into any such contract or agreement. Xarnia will not knowingly provide any services to under age individuals.
2b. Xarnia solely and exclusively own the copyright, intellectual property and interests in the Xarnia.com indie music portal including all its branding, functionality, services and features.
2c. Users of Xarnia must not abuse the privileges granted to you to access and use the site. Under no circumstances must music files, artwork, imagery or any other part of the site including the site itself must be replicated, copied, sampled or shared with any third party, except for the following
(i) Any flash widgets provided by Xarnia for the purposes of sharing streaming music
(ii) The logos and branding provided on our media page [http://news.xarnia.com/category/xarniabranding] for the purposes of promoting the site or for promoting your use of the site. It is understood that users who choose to infringe these terms and conditions may be permanently excluded from future usage of the site and its services.
(i) It is forbidden to attempt to, or to carry out any interference with the Xarnia.com site by the use of code, viruses, hacking or any other technology designed to destroy or disrupt Xarnia.com
(ii) It is forbidden to copy, modify, decompile, clone, crack, or reverse engineer any part of the Xarnia.com site or code
(iii) Use any type of software to track, modify, collect data, steal login details or interfere in any way with the site and the users of the site
(iv) Use the name Xarnia, Xarnia.com or any other derivative name, trademark or brand of any part of Xarnia and its website(s) in a misleading context within your metatags or content tags (eg a youtube video that has nothing to do with our services, products or site)
(v) Attempt to, engage in, or encourage any activity that is harmful to the running of, or use of any part of our website(s)
2e. Xarnia reserves the right to amend any of our services, features, functionality and products at any time without notice.
3a. Xarnia aims for the highest possible quality of service to you. However, circumstances beyond our control may arise. We will do our utmost to keep our site(s) live at all times, and to answer queries, fix problems and maintain all aspects of Xarnia.com to the best of our ability. We are not able to guarantee 100% uptime, or that our site will be 100% free of problems, however we will address all such issues as fast as possible in order to make sure our service is the best it can possibly be.
3b. You will indemnify, defend and hold harmless, and upon Xarnia’s request, defend Xarnia and its online store(s) and affiliates (and their respective directors and employees) from and against any and all losses, liabilities, damages, costs or expenses (including advocates fees and costs) arising out of a claim by a third party by reason of a breach of any warranty, representation, covenant or obligation by you under this agreement.
4a. If Xarnia.com believes that you have in any way breached the terms and conditions set out in this agreement, Xarnia may elect to suspend or terminate your use of any of our services. If you have submitted any material to the Xarnia site(s) as an artist, this may also be removed without cost or liability to Xarnia.
4b. The terms and conditions set our herein will continue indefinitely unless Xarnia chooses to terminate them.
5. Amendments and Notices
5a. Any notice, approval, request, authorisation, direction or other communication under this agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail, or date of receipt of posting to the addresses provided to and by the artist or user upon registration of an account or purchase with Xarnia.
5b. This writing contains the entire understanding between the parties and supersedes any previous agreements between the parties. This agreement shall be governed by the laws of Guernsey, and subject to the jurisdiction of the courts located in the country of Guernsey, Channel Islands.
5c. If either party hereto alleges that the other has breached this agreement, they must notify the other party in writing of such breach and then the other party shall have a period of thirty (30) days to cure such breach.