1. INTRODUCTION
Welcome to The Electric Underground ("theelectric-underground.com"/"we"/"us") website This Website is operated by The Electric Underground Ltd a company incorporated under the laws of England and Wales.

All users ("you"/"your"/"user") registering are bound by these terms and conditions so please read them carefully. The terms and conditions below apply to you if you use any our services (as more particularly set out in paragraph 5.), the terms and conditions also governs the use of the Website itself.

We reserve the right at our sole discretion, to change, modify, add or remove any part(s) of these terms and conditions without notice. It is important (and your responsibility) to check these terms and conditions periodically for any changes. Changes will be posted here. Your continued use of the Website or credits following the posting of any changes will constitute your acceptance of the changes.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THE WEBSITE OR ANY OF ITS SERVICES.

CUSTOMERS WHO QUALIFY FOR FREE TRACKS OR A FREE TRIAL, YOUR ATTENTION IS DRAWN TO PARAGRAPH 6 BELOW

If you have any questions regarding the terms and conditions (including any technical questions) please click this link.

2. CONTRACT FORMATION
2.1 When you place an order for a one-off music Download and/or Stream (as more particularly defined in paragraph 5), you enter into a binding contract with The Electric Underground.

2.2 Where you order a credit/credits (as more particularly defined in paragraph 5), your order is an offer to purchase the Subscription. We will then send you a confirmation email setting out the details of your Subscription. A contract for the Subscription service will only come into existence in respect of the Subscription when we have sent you an email confirming that your Subscription has been set up and your account activated.

3. SETTING UP YOUR USER ACCOUNT AND SECURITY
3.1 To use our services (as set out in paragraph 5 below) you will have to register a user account ("User Account") and provide us with certain personal information, including but not limited to a user name, a password, a valid email address and postal address ("Registration Information"). You agree to provide accurate Registration Information. You are solely responsible for maintaining the confidentiality and security of your passwords and User Account. You may not divulge your password to any third party or use another persons password or User Account. You will immediately notify us of any unauthorised activities that occur on or via your User Account. You agree that we will not be responsible for any losses incurred in connection with any password misuse and that we will have absolutely no responsibility for your failure to adhere to the provisions set out in this paragraph. For the avoidance of doubt, your breach of any provision of this paragraph may result in the immediate termination of your User Account, and may also subject you to criminal or civil liability.

3.3 Before you are able to purchase from the our service, or use an EU Credit, your credit or debit card will need to be validated with your card issuer. If your card issuer refuses to validate your card and authorise payment to us, we will not complete the transaction. For the avoidance of doubt we will not be liable for any delay or non-acceptance of orders for Streams, Downloads or Subscriptions arising from your credit or debit card failing a validation check. We reserve the right to require further evidence of identity.

3.4 You shall not violate or attempt to violate the security provisions of the Website or the services provided by us. Such violation shall include (but is not limited to) probing, scanning or testing the vulnerability of our systems, networks or associated servers or breaching any security or authentication measures. Your violation of our systems, networks or associated servers may result in civil or criminal liability. Accordingly, we reserve the right to investigate any such violations and co-operate with any law enforcement authorities in prosecuting users who have participated in such violations.

3.5 You agree that it is your responsibility to install suitable anti virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of this service and/or the Website, including but not limited to viruses, Trojan horses, time bombs, cancelbots or any other form of programming routine designed to damage, destroy or otherwise impair a computers functionality or operation.

4. SERVICE LICENCES
The following sets out the licences which The Electric Underground is granting you in order to use our service as set out in Paragraph 5 below.

4.1 Content Licence
The Electric Underground grants you a limited, revocable, non-exclusive, non-transferable licence ("Content Licence") to download or stream digital music content ("Content") to your personal computer or Portable Device (as defined in paragraph 5 below and subject to your rights under these terms and conditions) solely for your personal non-commercial use. You shall not (without limitation) copy, reproduce, "rip", distribute or use the Content in any other manner, save as permitted by these terms and conditions.
You shall not sell, transfer, sub licence, assign, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially. In addition you should not (without limitation) decompile, disassemble, or reverse engineer the Content or modify the Content or create any derivate works of the same.
The Content Licence will continue for as long as your copy of the Content exists pursuant to and in accordance with these terms and conditions.
In addition please note that from time to time our Content providers might amend their Content usage rules which govern what you can and cannot do with our service and The Electric Underground requests that you act in accordance with these amended rules. You will be notified of these changes via these terms and conditions.
Any unauthorised use of the Content shall automatically terminate your User Account and the Content Licence granted to you.

4.2 Website Access Licence
The Electric Underground grants you a limited, revocable, non-exclusive, non-transferable licence to access and make personal non-commercial use of the Website ("Website Access Licence"). You shall not download (other than page caching) or modify all or any part of the Website, with the sole exception of purchased audio or visual content.
The Web Access Licence does not permit any resale or commercial use of the Website or any part of its contents. In addition, you are not permitted to collect or use any Content listing, descriptions or prices for any purpose, or make any derivative use of the Website or its contents; download or copy any User Account information for the benefit of a third party; or use data mining, robots, or similar gathering and extraction tools in relation to the Website.
The Website and/or any portion of it may not be reproduced, duplicated, copied, sold or otherwise exploited for commercial purposes without our express written consent. You shall not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Website, its Content providers or any other affiliates from time to time without the express written consent of The Electric Underground.
You shall not use any meta tags or other hidden text utilising our name or trademarks or those of The Electric Underground without our express written consent.
Any unauthorised use of the Website automatically terminates the permissions and/or licences granted by us to you.

5.1.1 "EU Credits" EU Credit holders are permitted to make an number of downloads limited to the value of your credits

5.1.2 "Purchased Download" A Track downloaded to the hard drive of your computer which can either be burned to a CD or transferred to a portable device.

6. PRICING, PAYMENT AND FREE TRIALS
6.1 Prices for all Subscriptions, Downloads and Streams are at the price prevailing at the time you place your order for a Subscription, Download or Stream. Prices on the Website are inclusive of VAT and any other applicable taxes which are charged at the prevailing rate at the time of purchase.

6.2 Whilst we make every effort to ensure that all prices on our Website are accurate and up to date, errors may occur. We will make every effort to pick up any pricing errors. However, if you discover an error please do not hesitate to contact us at shop@theelectric-underground.com

6.3 Payment can be made by either credit card or debit card or Paypal. We accept payments using Switch, Maestro,  Visa, Visa Delta, and Mastercard.
Your User Account will either be debited at the time at which you purchase the Download or Credits or shortly afterwards.

7. PRE ORDERS
From time to time we might make Tracks available for you to purchase as pre-orders. Where this is the case any new release date given is subject to the information we receive from our suppliers. We shall not be responsible if the new release is cancelled or delayed or if the Track content is changed. Where a new release is cancelled, we will cancel your order and refund your credit or debit card with any monies taken.

8. TERMINATION
If you fail to comply with any of the provisions of these terms and conditions, including, but not limited to where we suspect that you have failed to comply with any of the provisions of these terms and conditions, we may, at our sole discretion:

8.1 Suspend or terminate the Services and/or your User Account. In doing so, you will remain liable for all amounts due under your User Account up to and including the date of termination; and/or

8.2 Preclude access to the Services (or any part thereof), or the Website.
We will notify you if we take any of the above actions. Details surrounding the cancellation or suspension of your User Account are contained in paragraph 9 below.

9. CANCELLING OR SUSPENDING YOUR USER ACCOUNT/SUBSCRIPTION SERVICE
9.1 The Electric Underground reserves the right to cancel or suspend the Services or any part thereof without notice to you. In the event that we do cancel or suspend the Services we will use our reasonable efforts to give you at least thirty (30) days prior notice by email to your most recent email address which you have provided on your User Account. In the event that cancellation is as a result of you breaching these terms and conditions, we reserve the right to terminate your User Account without notice.

9.2 In the event that your right to use the Subscription service /EU Credits is cancelled or suspended by us unrelated to your breach of these terms and conditions, we will refund you the sum that relates to the period after cancellation on a pro-rata basis.

10. DISTANCE SELLING
10.1 Under the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") consumers are given the right to cancel orders for goods or services during the period of seven working days after the day on which delivery of goods takes place or the service being provided commences (the "Cooling Off Period"). The Regulations contain several exceptions to the Cooling Off Period. These exemptions are relevant to the purchase of Tracks and credits from The Electric Underground.

10.2 Accordingly you acknowledge and agree that:

10.2.1 When you purchase a Download, once the Download is on your personal computer the Track is unsealed and your rights under the Cooling Off Period ended. To ensure that you download the right Track, Clips of all Tracks are made available for you to listen to before downloading or streaming. This exclusion is in the same way as if you bought a CD from an online retailer and unsealed the cellophane. By doing this you would not be entitled to reject the CD during the Cooling Off Period.
For the avoidance of doubt this does not affect your statutory rights in the event that the Download is defective e.g. the Track is corrupted. In this event please refer to paragraph 16 of these terms and conditions.

12. WARRANTY
Usage of the Website and/or any Service is at your own risk. The Services and the Website are provided on an "as is" and "as available" basis. There is no warranty, express or implied, as to the content, quality, availability, fitness (including but not limited to technical compatibility) for a particular purpose of the Website, Services or the Content, Download, Stream, Clip, Track or Credit.

13. LIMITATION ON LIABILITY
13.1 Save in the case of death or personal injury due to our negligence or where we have acted fraudulently, our total liability to you for any direct losses suffered by you will be limited to either (a) the price paid by you for the particular Download or Stream or (b) the capped sum of £100.00. For the avoidance of doubt we will only be liable for losses which were foreseeable to both you and to us as a consequent of us breaching these terms and conditions by our own negligence.

13.2 In no event shall The Electric Underground have any liability whatsoever arising out of any misuse of passwords or User Accounts.

13.3 We hope that you are happy with your purchases and the Services which we provide. In the unlikely event any Download we deliver is not what you ordered or is defective, please contact shop@thelectric-underground.com as soon as possible, so that we can assist you with your problem.

14. INTELLECTUAL PROPERTY
All copyright and other intellectual property rights in any material contained in this Website is either owned by us or has been licensed to us by the rights owners. The Website contains trademarks, including the "Electric Underground" name and logos and any related domain name addresses which belong to us or have been licensed to us by the trademark owner for use on the Website. Use of these trademarks is forbidden unless prior written permission has been obtained from the owner of the trade mark.
You may not remove any copyright, trademark or intellectual property notices contained on the Website or which forms part of any Download

15. MISCELLANEOUS

15.1 Save as expressly provided these terms and conditions are not intended to confer any benefit on a party other than us and you. Any rights not expressly granted herein are reserved to us.

15.2 These terms and conditions constitute the entire agreement between you and The Electric Underground, and supersedes any prior agreements between you and The Electric Underground, written or oral. Any additional or different terms in any order or written communications from you to us are void. You acknowledge and agree that you have not entered into these terms and conditions in reliance of or to any oral or written representations made by us.

15.3 In the event of a direct conflict or inconsistency between these terms and conditions and other terms and conditions that may be applicable to the Website or the Services these terms and conditions shall prevail to the extent that such conflict relates to your use of the Services and/or Website.

15.4 The failure of The Electric Underground to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.

15.5 If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, it shall be deemed to be severed and the other provisions will remain in full force and effect.

15.6 The Electric Underground will not be deemed to be in breach of its contract with you and will not be responsible for failures to fulfil any obligations due to any event of force majeure including (without limitation) acts of God, civil commotion, riots, flood, drought, fire and legislation or any other causes beyond its control.

15.7 Headings are for convenience only and will not be used to alter the meaning of any provision.

16. USER SERVICES
If you have any problem regarding the Website or any difficulties in respect of downloading or streaming Tracks please contact shop@theelectricunderground.com

17. GOVERNING LAW
These terms and conditions shall be governed and construed in accordance with the laws of England and you submit to exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

Date of Issue January 2007. (© 2007 The Electric Underground)