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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 the end user with each purchase made. This digital download sublicense is nonexlcusive, nontransferable, and nonsublicensable. End users may play their digital downloads an unlimited number of times on the same registered personal computer or any other secondary or portable device. The end user may "burn" digital downloads from the primary computer to make unlimited permanent copies in an uncompressed format. You have a nontransferable, nonexclusive, nonsublicensable license to only use the Digital Downloads for personal use as specified in the above Content Use Rules. You may not play and then redigitize any Works, or upload those Works to the Internet. You may not create any “derivative works” by altering any of the Content. You may not use the Works in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any such Content or for commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You may not transfer or distribute Digital Downloads except as stated in the Content Use Rules. No other uses are permitted except as expressly stated as an authorized use under the Content Use Rules. You further agree to indemnify, defend and hold harmless for your failure to comply with this section. The services offered on the Site require you to first open an account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You must disclose certain personal information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of Digital Downloads or any other products, you represent that you have first read our Privacy Policy and consent to our collection, use and disclosure of your personal information and non-personal information. To make a purchase, you must at least disclose to us all of the following: (i) your name, (ii) mailing address including post code or equivalent, (iii) transaction data including credit card number and titles of albums or songs purchased. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for 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.