Terms & Conditions
These Terms and Conditions of Use Agreement (the “Terms and Conditions” or “Use Agreement”) apply to use of the website located at (http://stuartthestarfish.com/edensstore). The Site is the property of
Eden's Curse. Before you make any purchases, you must first establish a customer account (“My Account”). These Terms and Conditions will govern your customer account. If you do not agree then please do not use this site.
Eden ’s Curse reserve the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, grants you (“End User”) a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. If there is conflict between these Terms and Conditions and the terms posted for a specific service, feature or transaction offered on the Site, the latter terms shall control regarding that specific service, feature or transaction. All music (downloaded or samples), software, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, and artwork (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, broadcast, distributed, uploaded, posted, altered to make new works, performed, digitized, or transmitted in any way to any other computer,website or other medium or for any commercial purpose, without 's prior express written consent. All downloaded music; images, artwork, text and other copyrighted materials (content), are sublicensed by
Eden's Curse to contact you at your e-mail address.You or may terminate these Terms and Conditions for any reason at any time. You also agree that may, in its sole discretion and without prior notice to you, terminate for cause your access to the Site,which includes (but is not limited to): (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting Digital Downloads, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms and Conditions, (5) failure to pay for purchases, (6) copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.You agree that will not be liable to you or to any third party for termination of your access to the Site. The following provisions of these Terms and Conditions shall survive termination, whether for convenience or cause: “Content,” “Content Use Rules,” “Prohibited Uses of Digital Downloads,” “Consent to Collection, Use and Disclosure of Your Personal Information,” “Consent to Our Communication With You By E-mail,” “Disclaimer of Warranties,” and “Limitation of Liability.” THE WEBSITE, MUSIC SAMPLES, “DIGITAL DOWNLOADS,” SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE AND/OR DOWNLOADING OF MUSIC FILES OR THEIR USE. IN NO EVENT SHALL OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE MUSIC OR SERVICES, OR FOR ANY NFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO BY END USER.