THE LEGAL AGREEMENTS SET OUT BELOW ARE BETWEEN YOU AND OWL FIELD LIMITED WHOSE REGISTERED TRADEMARK IS “THE OWL FIELD” (“THE OWL FIELD”) AND GOVERNS YOUR USE OF THE OWL FIELD WEBSITE (“WEBSITE”) AND ITS CONTENT FOR SALE (“RECORDINGS”). “US”, OR “WE” ARE USED FOR CONVENIENCE ONLY AND REFER TO “THE OWL FIELD”. BY ACCESSING THIS WEBSITE, BY PURCHASING ANY PRODUCT, OR UTILIZING ANY SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”), ALL APPLICABLE TERMS AND CONDITIONS OF ANY LINKED SITES, ANY USAGE PROVISIONS, AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
The Owl Field, via its Website, owlfield.com, offers digital downloads of audio drama recordings. These Recordings feature audio dramas, realised by actors, sound effects, and music. If you purchase Recordings from our store, you must agree to the Terms and Conditions by clicking “I have read and accept the terms and conditions”.
Upon your completed payment of our fees for your chosen Recordings, and subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the recordings solely for your personal, non-commercial use. This license does not grant rights to any unauthorized duplication, reproduction, exploitation, resale, leasing, transferral, commercial use, promotional use, or making available to the public any part of the Recordings, any derivative use of the Recordings, any synchronization or public performance of the Recordings, downloading or copying of account information for commercial use, or data gathering, data mining or extraction. You may not use any names, images, logos or trademarks of The Owl Field without prior written consent. You are granted a limited right to create a hyperlink to the Website so long as you do not portray The Owl Field or any of its products in a false, derogatory, or offensive manner.
All rights not expressly granted to you in these Terms and Conditions are reserved and retained by The Owl Field. Neither the Recordings nor the Website, nor any part of either, may be duplicated, reproduced, adapted, modified, sold, resold, licensed, shared, transmitted, broadcast, or otherwise exploited for any commercial purpose without express written consent of The Owl Field.
The licenses granted by The Owl Field terminate if you do not comply with these Terms and Conditions.
RESTRICTIONS AND COPYRIGHT
The Website, and all content included on this Website, such as, but not limited to, text, images, graphics, logos, button icons, audio clips, and digital downloads, is the valuable intellectual property of The Owl Field and is protected by United Kingdom and international property and copyright laws. The compilation of all content on this Website is the exclusive property of The Owl Field and protected by United Kingdom and international property and copyright laws.
The Owl Field attempts to be as accurate as possible with product descriptions. However, The Owl Field does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. Age recommendations on this Website are voluntary and self-determined; they are to be used as a guide only. The volume test played during the disclaimer portion of the Recordings is an approximation of the loudest moment in the Recording; it is to be used as a guide only. You agree it is your responsibility to listen to the Recordings responsibly and protect yourself from any injuries such as, but not limited to, hearing loss. We have no liability for content, on this Website or in the Recordings, you find to be inaccurate or unreliable.
Upon completion of a purchase, your order will be made available for download. To download your purchase(s), you may log in to the Website and select your downloads under “my account”, or you may click the download link sent in the email confirmation of your purchase, usually sent within a few minutes after purchase. If you are unable to successfully download your purchases, please contact us using the contact form on the Website. Should your purchase be a personalized version of a Recording, your order will be made available for download as and when the Recording is completed.
For customers in the European Union where VAT is applicable, the payment of VAT will be added to the total price and will be the responsibility of the customer to pay. The calculation of applicable VAT will be included and listed next to product prices. Until a purchase is made, The Owl Field reserves the right to change prices at any time and does not offer any refunds in the event of a sale or promotion subsequent to purchase.
RISK OF LOSS
You bear the risk of loss for any Recordings you have downloaded, including any loss due to file corruption of hard drive crash. The Recordings will generally still remain available to you through your account on the Website, however The Owl Field reserves the right to make Recordings unavailable for any reason and will not be liable to you if the Recordings become unavailable for further download. Accordingly, upon completion of a purchase, we encourage you to download the Recordings promptly.
You may cancel your order within 14-days from the date you received your order confirmation email, provided you have not initiated the download of your purchased Recording. If the download of the Recordings has started upon your request and acknowledgment, then you hereby lose your right to cancel your order and/or request a refund. If you choose to cancel your order, you must inform us of your decision before the 14-day period has passed. We will reimburse you no later than 14 days from the date we receive your cancellation notice. We will use the same means of payment as you used for the transaction. We have no liability for content, on this Website or in the Recordings, you find to be offensive, indecent or objectionable.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Owl Field does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the age of 18 you may use this Website only with the permission and involvement of a parent or guardian. The Owl Field reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Your rights under these Terms and Conditions will automatically terminate without notice if you fail to comply with any of these Terms and Conditions. In case of such termination, we may close your account and terminate your access to the Website without prior notice and without refund of any fees paid. Our failure to insist upon or enforce your strict compliance with the Terms and Conditions will not constitute a waiver of any of our rights.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE OWLF FIELD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OWL FIELD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWL FIELD DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM THE OWL FIELD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWL FIELD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE CONTENTS OF THIS WEBSITE DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING A DECISION. YOU FUTHER ACKNOWLEDGE THAT ANY INFORMATION, CONTENT, OR MATERIALS ON THIS WEBSITE MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
Without limiting the Disclaimer of Warranties and Limitation of Liability in these Terms and Conditions, in no event shall The Owl Field’s total liability to you for all damages or claims arising from your use or your purchase of the Recordings made available to you through owlfield.com exceed the amount you paid to purchase the Recordings related to your claim for damages.
You agree to defend, indemnify and hold harmless The Owl Field, its owners, directors, employees, and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website and its content including, but not limited to, hearing damage or loss.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of The Owl Field to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit The Owl Field’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed by UK law without regard to conflicts of law provisions.
Any action or proceeding arising out of or related to this Agreement or your use of this Website must be brought in the state or legal courts of the UK. We each agree that any and all dispute resolution proceedings will be conducted solely on an individual basis and not in a class, consolidated, or representative action.
If you have any questions about the Terms and Conditions, please contact us.
The Owl Field
29 Killiekrankies Path
Owl Field Limited is registered in Scotland: SC536688.
Last Updated: 31/05/2016