Please read these terms carefully before using this website and/or purchasing content.

1.Introduction:

(i) This is a legal agreement between you ("you", "user", "your") and Medownloaded Ltd, located at 1-2 St. Johns Path, London EC1M 4DD ("we", "us", "our" or "Medownloaded") that sets out the terms and conditions of your use of our website ("the Site") and services we offer. We may vary these terms from time to time at our discretion by publishing revised terms on the site and you shall be bound by them from the time of publication. This agreement, together with all updates, supplements, additional or revised terms and licences collectively make up this agreement between you and us.

(ii) By submitting an order you are accepting the Terms and Conditions of our Site and services. Once you have ordered content and/or commenced a download you are not permitted to cancel the order and once you have successfully downloaded a copy of your chosen content, we will not replace it if you are unable to play it or if you lose the content including if the file becomes damaged or corrupt or is accidentally deleted, your computer crashes, is lost or destroyed, your hard drive fails or the content does not play for any other reason.

(iii) The use of the services and the Site is for individuals who are resident in the United Kingdom and you must be accessing this Site via a computer from within the United Kingdom in order to download and view the content. If you are not resident in the United Kingdom you may not use the service or the Site.

(iv) You must be 18 (eighteen) years old to use the Site and the services. If you are under 18 you may only use the Site and services in conjunction with and under the supervision of, a parent or guardian. If you do not qualify please do not use this Site. Where a legal age classification is displayed next to any content on the Site, by ordering and downloading the content you are confirming that you are of the legal age to listen to or view it.

2. The Services and system requirements:

(i) The site provides download services which allow you to purchase licensed online entertainment content downloads. The services are for your own personal and non-commercial use and you are not authorised to make any copies other than for your personal use, which in any event may be no more than 5 (five) copies in total. You accept that it is your responsibility to ensure that your computer meets the minimum technical requirements for the services. We are not able to specify particular requirements (which may vary) other than the general advice given in (ii) below, and are not responsible in any way for your ability to download and view the content.

(ii)Use of the content requires a compatible computer or other compatible devices. Files may be played on your computer using Windows Media Player or may be transferred to a compatible portable media player. It is recommended that users of Medownloaded have a broadband connection.   If using a dial up connection you should check connection costs with your network provider before commencing any downloads on the website. No warranty is given in relation to the playability of any content through software other than Windows Media Player or compatible portable media players.

3. Accounts and Security:

You may be required to register for some or all of the services provided by us and provide information including a password and username. It is up to you to keep your password and username confidential and you must advise us immediately should you discover that your details have been misused by another party without our permission. We will not be liable for any indirect or consequential loss or damage arising out of the disclosure by you of your details to another party.

4. Acceptable Use:

In using the Site and the services you agree to:

4.1 provide true and accurate information where you are asked to. If any of the information or personal details you have previously provided should change, you must immediately inform Medownloaded and confirm such changes;

4.2 you agree not to:

4.2.1   use the services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

4.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful or objectionable in any way whatsoever;

4.2.3 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any third party;

4.2.4 make available, upload or distribute files that contain a virus, bugs, worm, trojan horses or corrupt data or any other harmful software that may damage the operation of the computer or property of another;

4.2.5 collect or store personal information about others, including email addresses;

4.2.6 impersonate any person or entity for the purpose of misleading others;

4.2.7 falsify the true ownership of content or material contained in a file made available on the Site

4.2.8 violate any applicable laws or regulations;

4.2.9 use the Site or services in any manner that could damage, disable, overburden or impair the Site or services or interfere with any other party's use and enjoyment of the Site or services;

4.2.10 attempt to gain unauthorised access to any of the services, other accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.

5. Licence and Intellectual Property:

5.1 We grant you a revocable, non-exclusive, non-transferable licence to download to your computer or other acceptable device, the content made available on the Site for your personal non-commercial use. You may not reproduce, copy, distribute, broadcast, re-sell, commercially exploit or use the content on the Site in any other way. You may not send or make the content we offer available to anyone else. To do so will be an infringement of the copyright of our licensors and a material breach of these terms because the intellectual property rights in the content we offer for downloads are owned by third parties. Each third party supplier of content to the service has the right to enforce the provisions of this agreement that directly concern their content, and they may pursue any and all legal remedies available to them to protect their intellectual property rights.

5.2 We grant you a revocable, non-exclusive, non-transferable licence to access the Site on the terms and conditions as set out in this agreement. You may not reproduce or copy the Site or any part of it, and you may not frame the Site (or use Meta tags or any other hidden text using our trading or trade mark names) in order to give the appearance that the Site belongs to, is associated with or endorsed by, any party other than Medownloaded or our authorised affiliates or sponsors.   Any unauthorised use of the Site will automatically terminate the permissions and licences granted by us to you.

5.3 The Site and its content (including without limitation the Site design, text, graphics and all software and source codes connected with the Site and the services we offer) are protected by copyright, trade marks and/or trade names, and other intellectual property rights.

5.4 You may not use any Medownloaded logo, trade name or trade mark without our express written permission.

5.5 Except as expressly stated in this agreement, no other rights or licences are granted.

6. Prices:

Prices for the content that is offered for download on the Site are in £ sterling at the price prevailing at the time you place your order. Prices are expressed inclusive of VAT and any other applicable taxes which will be charged at the current rate as shown on the on-line order form.

7. Right to change prices:

Prices of all the content offered on the Site are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Site. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for any content which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms and Conditions.

8. Return Policy:

(i)If you have downloaded or attempted to download content which is incomplete your sole remedy (provided you have met the registration, technical and payment requirements for use on our Site) is to email our Customer Services team at store@medownloaded.com and tell us of the defect within 7 days of first downloading the material. We will then try to help you within reason to establish the reason why the download failed and attempt to remedy the problem. If you are still unable to download the content you have paid for, we will provide you with replacement content or a credit on your account, as determined by us in our sole discretion.

(ii) Gift Certificates: You may return a Medownloaded Gift Certificate within 7 (seven) business days of receipt and we will refund you the purchase price. After the expiry of the 7 business days you will not be able to claim a refund or redeem the Gift Certificate for cash. Gift Certificates may be used to purchase any of our content.

9. Credit and Debit Card Payment:

(i) You can pay for the content offered on the Site by supplying your credit card/debit card details in the on-line order form. All purchases made are subject to authorisation by the issuing card authority and you agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your payment to be processed.

(ii) Unless we are negligent in keeping details of your payment secure, we will not be liable to you for any losses caused as a result of unauthorised access to the financial information you provide us when placing an order.

(iii) You agree that you will not hold us responsible for banking charges incurred due to payments failing on your account.

10. Indemnity:

You agree to indemnify and hold Medownloaded harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Medownloaded by any third party arising out of your use of the services and/or any content transmitted through the services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Medownloaded in consequence of your breach of these Terms and Conditions.

11. Limitation of Liability:

11.1 Use of the Site and any of our services is at your own risk. The Site and our services are offered on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

11.2 To the extent permitted by law, Medownloaded will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site or the services.

11.3 MeDownloaded makes no warranty that the Site or the services will meet your requirements, that the content we offer on the Site will be accurate or reliable, that the functionality of the Site or the services will be uninterrupted or error free, that defects will be corrected or that the Site or the services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

11.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Medownloaded for death or personal injury as a result of the negligence of Medownloaded.

11.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

Termination: We have the right to terminate your access to any or all of the services we offer on the Site at any time, without notice, for any reason, including without limitation, for a breach of these Terms and Conditions. We may also at any time discontinue the Site or the services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Site or to our services.

12. Data Protection and Privacy:

12.1 We take our responsibilities for data management seriously and adhere to the principles of date protection in accordance with UK legislation. Any personal information you provide to us is kept secure to the best of our ability and will not be made available for sale or use by third parties.

12.2 We may use cookies as part of our business procedures to track patterns of behaviour of visitors to the Site. A cookie is a small piece of information sent by a web server to a web browser that enables us to collect information. Most browsers allow you to turn cookies off, although by doing so, it may restrict your use of our Site.

12.3 We would like to share your information with organisations who are our business partners. We or they may contact you by mail, telephone, SMS or e-mail to let you know about any goods, services or promotions which may be of interest to you. When you give us your personal information, we will give you the opportunity to opt out of receiving such information by post or telephone from us but remember that this will preclude you from receiving any of our special offers or promotions in future. We will also give you the opportunity to opt in to receive such information by e-mail or SMS and will only send it to you if you do opt in or if you are an existing customer and the information relates to similar goods or services to those which you have previously purchased from us.

13. General:

13.1 None of these terms shall be enforceable under the Contracts (Rights of Third Parties) Act by any third party.

13.2 If any provisions of these Terms and Conditions are found unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of remaining provisions.

13.3 A failure or delay by us in enforcing compliance with these Terms and Conditions shall not be deemed a waiver of that or any other provision of these Terms and Conditions.

14. Force Majeure:

In the event that this agreement cannot be performed or its obligations fulfilled for any reason beyond the reasonable control of Medownloaded as a result of such events as technical or internet failure, war, industrial action, floods or Acts of God, then such non- performance or failure to fulfil our obligations shall be deemed not to be a breach of this Agreement or these Terms and Conditions.

15. Governing Law:

This agreement and these Terms and Conditions shall be construed according to English law and by accessing and using this Site you agree that any dispute shall be submitted to the exclusive jurisdiction of the English courts.

16. Entire Agreement:

This agreement constitutes the entire agreement between you and Medownloaded, and supersedes any prior agreement between you and us, written or oral, in relation to this agreement and these Terms and Conditions.

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