ANY PERSON OR ENTITY ("User") VISITING, USING OR OTHERWISE ACCESSING THE APPS TITLED “KR PLAYER”, “KR AUTHOR” AND/OR “MYBEAT METRONOME” (“ Apps”) OR THE SITE AT www.knowledgerocks.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE APPS OR THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT ("Agreement").
Contracting parties. When you register to access the App or otherwise with the Site, you are contracting with Knowledge Rocks Limited, 99 Weyhill, Haslemere GU27 1HT, UK. Knowledge Rocks Limited is referred to in these terms and conditions as "we", " us", "our" or “KnowledgeRocks”. If you are under 18 years old then you will need the permission of your parent/guardian to purchase products.
Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Apps or the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Apps or the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to KnowledgeRocks and to others for all activity that occurs under your registration account.
Content. The Apps and the Site is intended only for the purposes specified therein, and your use of the Apps, the Site and/or all content contained therein (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. KnowledgeRocks, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Apps, the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Apps, the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Apps or the Site (or under UK or local law). The Apps, the Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Apps or the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
Submitting Material. If you upload any material to the Apps or the Site (including, without limitation, text, photographs and/or written comments) you hereby grant to us a worldwide, perpetual, non-exclusive licence to use that material in any media. You further agree to waive your moral rights for the purposes of this licence. You warrant and represent that you personally created such content and all materials contained within such content. We reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site.
Code of Conduct for User Content. You agree that you are responsible for everything that you post or transmit to the Apps or the Site and you agree (in relation to the Apps and the Site):
not to post content or participate in any form of activity via the Apps and/or the Site which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
not to post content which you do not have the right to use;
not to abuse other Users;
not to spam other Users or anyone else;
not to publish your own contact details or those of anyone else;
not to register more than one account for yourself or anyone else.
You acknowledge and accept that when you upload material to KnowledgeRocks, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
The Apps. Using the Site or the Apple AppStore, you may preview or purchase some or all of the following (individually and collectively defined as “Products”): (A) Apps; (B) downloadable music; (C) streaming services designed to enable you to listen to and/or watch music and videos online; (D) downloadable graphic files (in JPEG and other formats); and/or (E) physical sheet music, CDs, DVDs, books, photography/artwork and other merchandise. Please note that all orders are subject to availability and we may withdraw Products at any time, sometimes at short notice. As we process your order, we will inform you if any items are unavailable.
Devices. You may transfer purchased downloadable Products to portable devices (e.g. smartphones and media players) and may burn downloads to CDs for your personal and non-commercial use only. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for or in the Products, or any other Content or materials, including any rights for uses that require a synchronisation or public performance licence with respect to the underlying musical composition.
Prices and Payment. Prices (and any delivery costs) are as set out on the relevant pages of the Apple AppStore and the Site. We may change the prices for Products at any time by posting new prices on the Apple AppStore and/or the Site. All prices are inclusive of VAT unless otherwise stated. You are responsible for payment of VAT and, if you are based outside the UK, any other applicable import duties and taxes that are levied once the Products reach your country. Whilst we use our best efforts to ensure that all Product prices on the AppleApp Store and the Site are accurate, errors do sometimes occur. For purchases via the Site, we will normally verify prices as part of an “Order Confirmation” and, if a pricing error is found in your order, we will contact you as soon as possible to offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order for this reason, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled. Please note that downloadable Products may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.
Credit Cards. Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Maestro and American Express. All orders placed are charged for immediately at the time of ordering. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. Customer credit notes issued by us can only be used for purchasing items on the Site. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Acceptance. By placing an order for purchase of a Product, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. Your order constitutes an offer to buy a Product on these terms and conditions. All orders are subject to acceptance. We reserve the right to reject your order for any reason prior to acceptance.
Right of Cancellation of Orders for Physical Products. You may cancel your purchase of non-downloadable Products at any time within fourteen (14) days, beginning on the day after you receive such Products. In such case, you will receive a refund of the price paid for the Products in accordance with our refunds policy. To cancel a purchase of a non-downloadable Product, you must inform us in writing and must return the Product(s) to us, unopened and undamaged, as soon as reasonably practicable at your own cost. The date upon which the package is post-marked will determine whether you have returned the Product(s) within the required period and Products will be deemed received two days after the date of the post-mark (not including Sundays and public holidays). Failure to comply with the return obligations under this clause may result in a deduction by us of the direct cost of recovering the unreturned Product(s). All refunds will be processed at our sole discretion according to the condition of the returned Product(s). We will not be liable to you for failures, defects or delays in delivery caused by: (a) your provision of incorrect information; (b) your mailbox being full and unable to receive Content; (c) your failure to comply with instructions for use of the Service; and/or (d) an event which is outside our reasonable control. You will not have any right to cancel a purchase for the supply of any personalised or downloadable Products. This provision does not affect your other statutory rights as a consumer.
Refunds. In addition to your statutory rights, if you are not completely satisfied with your purchase of physical Product, you may return it to us with proof of purchase within thirty (30) days of receipt and we will arrange for an exchange, subject to availability, or a refund. Please note that this does not apply to downloadable or personalised Products.
Shipping and Delivery. Risk passes to you once delivered, but non-downloadable Products shipped to any non-card registered address are sent entirely at your risk. A signature will be required at time of delivery of physical Product(s) and goods cannot be left without such signature. In the unlikely event a Product is damaged or lost in transit, we shall endeavour to supply a replacement as soon as possible. If we cannot supply an identical Product, we will offer you an alternative similar Product and/or issue a credit note. Please note that no title of the relevant goods shall pass to you until payment has been received in full and delivery has been completed.
International Orders. If you order non-downloadable Products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict amounts or other requirements. If in doubt, please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Damaged Products. Products will be your responsibility from the time of delivery. If the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the event of damage, please make a note on the delivery slip and contact customer services. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges. Your statutory rights are not affected.
Liability. You agree that the liability of KnowledgeRocks to you hereunder shall be limited to the amount you have actually paid to KnowledgeRocks for its products or services hereunder. Except as set out herein, KnowledgeRocks shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Apps or the Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of KnowledgeRocks.
Indemnity. You agree to indemnify KnowledgeRocks for any loss or damage that may be incurred by KnowledgeRocks, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Apps or the Site. You further undertake to indemnify KnowledgeRocks for all loss or damage incurred by KnowledgeRocks in relation to any third party claim against KnowledgeRocks for infringement of intellectual property rights arising in relation to your provision of materials to the Apps or the Site.
Termination of this Agreement. You may close your registration account at any time in accordance with the account closing procedures set out on the Site. KnowledgeRocks may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
Trade Marks. The brands, products and service names used in the Apps and the Site (including without limitation, "KnowledgeRocks”, “KR Player”, KR Author” and “MyBeat Metronome”) are trademarks or trade names of KnowledgeRocks or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of KnowledgeRocks.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Apps or the Site in any manner. If you in any way Interfere with the Apps or the Site, you agree to pay all damages we incur as a result. KnowledgeRocks will cooperate with the authorities in prosecuting any User who Interferes with the Apps or the Site or otherwise attempts to defraud KnowledgeRocks or any other parties through your use of the Apps or the Site or services provided via the Apps or the Site. KnowledgeRocks reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of, the Apps and/or the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
No Partnership. Your use of the Apps, the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
Contacting Us. For enquires, please contact us at the following address: Knowledge Rocks Limited, 99 Weyhill, Haslemere GU27 1HT, UK, or contact us at email@example.com.