Spartacus Records knows that you care how information about you is used and shared, and we appreciate your trust in us to do that carefully and sensibly. This notice describes our policy. By visiting www.spartacusrecords.com, you are accepting and consenting to the practices described in these General Terms and Conditions and Privacy Notice. Spartacus Records may from time to time amend, supplement or modify the terms of this agreement. It is your responsibility to check these terms periodically for changes. Your continued use of the service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the General Terms and Conditions and Privacy Notice as amended, you must stop using the service.
You agree to provide accurate, current, and complete information required to register with the service and at other times as may be required in the course of using the service. You further agree to maintain and update your data as required to keep it accurate, current, and complete. Spartacus Records may terminate your right to use any or all of the service if any information you provide is false, inaccurate or incomplete as determined by Spartacus Records in its sole discretion. You agree that Spartacus Records may store and use the data you provide (including credit card information) for use in providing the service, including but not limited to, maintaining and collecting your accounts and billing fees to your credit card. If you do not want Spartacus Records to keep you up to date with our latest news and information you can select your preferences when you register. If you have already registered then you can change your preferences by logging into your account and amending them.
The main source of information we collect is at registration. You must register with us to make a purchase. We will offer you options to sign up for our mailing lists without having to make a purchase though. During registration you must provide your email address and you will be asked to choose a password. You will also be asked, but not required, to provide further information about yourself (such as preferred music genre, how you use your downloads, what you play your music on etc.). If you decide to purchase any tracks or albums you will be required to provide credit card and personal billing information. Any information you do provide will be used for market research purposes at Spartacus Records only. We want to gain a better understanding of our customers and thus provide a more valuable service. We also collect information regarding customer activities on our website. This helps us to determine how best to provide useful information to customers and to understand which parts of our website services are of most interest to them.
From time to time Spartacus Records may hold competitions or prize draws, as part of which we may request contact information from you when you enter. If you are a winner, we will notify you and display your first name and city on our news boards and newsletters announcing the winners.
We may occasionally ask you to participate in voluntary surveys. These surveys are intended to improve your service experience. Any personally identifying information collected will be used only by Spartacus Records unless we specify otherwise. However, we may share aggregate survey result information with others.
Controllers of Personal Information
Any personal information gathered by Spartacus Records is controlled primarily by Spartacus Records at PO Box 3743, Lanark, ML11 9WD. Spartacus Records Limited adheres to the Data Protection Act of 1998 and the EU Directive on Privacy and Electronic Communications (2002/58/EC). The information we store about our customers is not shared. We will not sell our customer information to any other party.
Spartacus Records take precautions - including administrative, technical and physical measures - to safeguard your personal information against loss, theft and misuse, as well as unauthorised access, disclosure, alteration and destruction.
User Account and Service Security
As a registered user of the service, you may receive or establish an account. You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information to anyone else, and must not use, or attempt to access or use anyone else's account. You are entirely responsible for all purchases and other activities that occur on or through your account, and you agree to immediately notify Spartacus Records of any unauthorised use of your account or any other breach of security. Spartacus Records shall not be responsible for any losses arising out of unauthorised use of your account.
If you do not want Spartacus Records to keep you up to date with our latest news and information you can select your preferences when you register. Alternatively if you have already registered, please log in to your account and amend your personal preferences.
Spartacus Records will obtain your consent before allowing the download of any software from the site, and Spartacus Records will not automatically download any software to your computer system. You understand and agree that any material downloaded from the site is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result from any such material.
Collection and Use of Personal Information About Customers
The information we learn from customers helps us personalise and continually improve your shopping experience at Spartacus Records. We use the information to handle orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our store, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf.
Here are the types of information we gather:
Information you give us: we receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information that will mean that you might not be able to take advantage certain site features.
Automatic information: we receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your Web browser accesses Spartacus Records. A number of companies offer utilities designed to help you visit websites anonymously. We will not be able to provide you with a personalised experience at Spartacus Records if we cannot recognise you, but we want you to be aware that these tools exist.
E-mail communications: to help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from Spartacus Records if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your registration details.
Information from other sources: we might receive information about you from other sources and add it to our account information.
Information about our customers is an important part of our business and we are not in the business of selling it to others. We do not share customer information and abide by the UK Data Protection Act 1998 and EU Directive on Privacy and Electronic Communications.
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognise you.
The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.
You can always choose not to provide information and not to accept Cookies, even though it might be needed to make a purchase or to take advantage of certain site features.
As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exiting pages, operating system, date/time stamp and clickstream data.
We use this information which does not track individual users, to analyse trends, administer the site, track users' movements around the site and to gather demographic information about our user base as a whole. Spartacus Records will not use the information collected in this way to market directly to that person.
In some of our email messages we use "click-through URLs" linked to content on SpartacusRecords.com. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of customer communications.
We occasionally employ other companies and individuals to perform functions on our behalf. Examples include delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act 1998.
As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Spartacus Records or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Protection of Spartacus Records and others
We release account and other personal information when we believe release is appropriate to comply with law, to enforce or apply our Terms & Conditions and other agreements or to protect the rights, property or safety of Spartacus Records, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice. With your consent, other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.
Whenever we transfer personal information to countries outside of the European Economic Area in the course of sharing information as set out above, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act.
How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. To purchase from Spartacus Records you must use an SSL enabled browser, for example, version 3.0 or higher of Internet Explorer. We reveal only the last five digits of your credit card numbers when confirming an order. All credit card transactions are conducted using PayPal or a NetBanx process. Details of this process can be found at. http://www.1.netbanx.com
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
What Information Can I Access?
Spartacus Records gives you access to a broad range of information about your account and your interactions. This list will change as our website evolves.
Downloads will be made available for you once your payment has been authorised. There will be no contract of any kind between you and us unless and until you make payment for downloads. At any point up until then, we may decline to supply downloads to you without giving any reason.
The prices payable for downloads that you order are clearly set out in the web site. If, by mistake, we have under-priced a download, we will not be liable to supply that download to you at the stated price, provided that we notify you before the download concerned is downloaded. All prices are expressed inclusive of any local tax payable unless otherwise stated.
You can pay by any of the following credit or debit cards; Visa, MasterCard and American Express. Your card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will be charged for items at this time.
Our liability to you in connection with any order will not exceed the total price charged for the relevant downloads
If any of these terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms which will continue to be valid and enforceable to the fullest extent permitted by law.
We reserve the right to modify, suspend or discontinue this service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. Where commercially practicable, we will try to give you reasonable notice of any discontinuation of the service.
Except as expressly set out in these Terms and Conditions and Privacy Notice all use of your personal information will be made in accordance with our Privacy Notice.
You agree that, without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the service, are owned by Spartacus Records and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the service or any element thereof in any way whatsoever except in strict compliance with the terms of these Terms and Conditions. No portion of the service or any element thereof 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 service or any element thereof, in any manner, and you shall not use the service or any element thereof to trespass or burden network capacity. UNAUTHORISED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Conditions Specific to Downloaded Music
Except for your Usage Rights, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of downloads are prohibited and will constitute a copyright infringement. You understand that the service, and products purchased through the service, such as music, images, video, artwork, text, software and other copyrightable materials, includes a security framework using technology that protects digital information and imposes Usage rights established by Spartacus Records and its licensors. You understand that downloads may include security technology which ensures that they may only be used in accordance with the Usage Rights. You agree not to attempt to, or assist any other person to, circumvent any of this security technology. You agree to use such downloads solely in accordance with the Usage Rights, and that any other use may result in civil or criminal liability. Spartacus Records reserves the right to modify the Usage rules at any time. Your compliance with the Usage rules may be monitored by Spartacus Records, and Spartacus Records reserves the right to enforce the Usage rules with or without notice to you.
Once you have paid for the downloads, we make the downloads available to you through the Service. You are not able to cancel any purchase of downloads after you have confirmed payment.
Usage Rights Details
You are entitled to download, export, burn or copy downloads solely for personal, non-commercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any downloads or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any download. No right, title or interest in any downloads or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the downloads are owned by Spartacus Records or its licensors and you have only a limited, non-transferable, non-exclusive, revocable, non sub licensable right to use the downloads for personal use in accordance with the terms of this Agreement.
You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the downloads, the service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with downloads. You may not play and then re-digitize any downloads, or upload those downloads to the Internet. You may not use the downloads in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the downloads, including but not limited to, posting any downloads for auction, on any Internet auction site. All downloads are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the site or in these Terms and Conditions. The delivery of a download does not transfer to you any commercial or promotional use rights in the Product.
Spartacus Records is a reseller to you and does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
WITHOUT LIMITING ANY PROVISION HEREIN, SPARTACUS RECORDS MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
Please note that you are responsible for downloading the files and providing equipment to do so. You are also responsible for providing equipment and software to use the downloads and should confirm this by using the test file first.
Downloads may not be returned for any reason unless they are defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact email@example.com and, where this is due to our default, we will replace or refund the download. You understand that some downloads may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make such content clear where the suppliers of the track provide us with this information, you agree that we shall have no liability to you for content within the downloads that may be found to be offensive or otherwise objectionable.
Disclaimer of Warranties; Limitation of Liability
SPARTACUS RECORDS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SPARTACUS RECORDS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. SPARTACUS RECORDS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SPARTACUS RECORDS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
INFORMATION ON THIS SERVER IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
SPARTACUS RECORDS MAKE NO WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF THE MATERIAL, SERVICES, TEXT, GRAPHICS AND LINKS ON WWW.SPARTACUSRECORDS.COM. IN NO EVENT WILL SPARTACUS RECORDS BE LIABLE TO ANY PARTY FOR DAMAGES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER FOR ANY USE OF, OR INABILITY TO USE THIS WEBSITE OR ITS CONTENTS, OR OF ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IT IS UP TO YOU TO TAKE PRECAUTIONS AND TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.
YOU ARE PROHIBITED FROM POSTING OR TRANSMITTING ANY COMMERCIAL, UNLAWFUL, THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, SCANDALOUS, INFLAMMATORY, PORNOGRAPHIC, OR PROFANE MATERIAL OR ANY MATERIAL THAT COULD CONSTITUTE OR ENCOURAGE CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENCE, GIVE RISE TO CIVIL LIABILITY, OR OTHERWISE VIOLATE ANY LAW. SPARTACUS RECORDS WILL FULLY CO-OPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING SPARTACUS RECORDS LIMITED TO DISCLOSE THE IDENTITY OF OR HELP IDENTIFY OR LOCATE ANYONE POSTING ANY SUCH INFORMATION OR MATERIALS.
THE INFORMATION ON WWW. SPARTACUSRECORDS.COM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY PERIODICALLY BE MADE TO THE INFORMATION AND WILL BE INCORPORATED IN NEW EDITIONS OF THIS SITE. SPARTACUS RECORDS LIMITED MAY MAKE IMPROVEMENTS OR CHANGES IN PRODUCTS AND PROGRAMS DESCRIBED IN THIS PUBLICATION AT ANYTIME WITHOUT NOTICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE 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, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SPARTACUS RECORDS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF SPARTACUS RECORDS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SPARTACUS RECORDS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU.
SPARTACUS RECORDS MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SERVICE.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SCOTLAND AND ANY DISPUTES WILL BE DECIDED BY THE EXCLUSIVE JURISDICTION OF THE COURT OF SESSION, EDINBURGH.