Updated 20 January 2017
This Terms of Service Agreement ("Agreement") is between you and Loch Ness Productions ("LNP," "we" or "us"). The Agreement governs your use of our service (the "LNP Service"), which allows consumers like you to purchase licenses for shows, software and music CDs ("Products" or "Programs") we created or resell from other content producers ("Producers") through this Web site.
When you use the LNP Service by making a purchase, you agree to this Agreement.
You may not use the LNP Service if you are younger than 13 years of age. By making a purchase, you represent that you are at least 13 years of age, and, to the extent required by law, you have the permission of a parent or guardian to use the LNP Service.
By purchasing a license to Products we resell, you agree that the Producer will have access to the personal information you provide, and information we collect about your online activity, such as the purchase of the Producer's Programs. We are not responsible for a Producer's use or disclosure of your data.
To make a purchase, you must provide a valid payment method.
We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If a Producer provides you access to a Program on a free basis, such access will be deemed a "purchase" for the purpose of this Agreement.
For music CDs:
• We will exchange a defective disc with another one of the same title only.
• No refunds are allowed on CD-Rs we record for you. This applies to GEODESIUM, Double Eclipse, Anasazi, Stellar Collections, 'Tis The Season, Music From Infinity, and Celestial Rhythms: NYC Live '85. Otherwise, an unopened CD may be returned within 30 days of purchase; a credit will be applied to the credit card account you used.
• Handling charges are not refundable.
For show licenses and software:
You may request a refund at any time before we send you the show package, or the link to download the Program. After that time, all sales are final and non-refundable.
LNP Service: Subject to the terms hereof, we grant you permission to use the LNP Service for the purpose of purchasing Programs and Products.
All rights not expressly granted herein are reserved by the applicable Producer.
Each licensed copy of a Program may be used on one single computer or similar device by one user at a time. Use of a Program means you have loaded, installed, or run the Program on a computer or similar device. You may install the Program on more than one device that you own, as long as the Program is not in use on more than one device at any time. If you install the Programs onto a multi-user platform, server or network, each and every individual user of the Programs must be licensed separately.
You may make copies of a Program for backup purposes.
You may not resell downloads, redistribute or retransmit any Program, or make derivative works from any Program. You may not convert or reprocess any Program into another format or medium.
You agree you will not make any Program available to any third party, nor permit others to: license, sell, resell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit any Program.
License details for individual shows are detailed in the license agreements that accompany each product. They can be found on each show's "LICENSE PRICES" page. A sample of the agreement for Loch Ness Productions shows can be found here.
In using the LNP Service, you will not:
• Scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble any part of the LNP Service, Program content, or any source code therein;
• Attempt to circumvent any technical measures (including digital rights management) that we may employ;
• Take any measures to interfere with or damage the LNP Service;
• Spam or harass us or any other user;
• Use any fraudulent, deceptive, or misleading practices;
• Engage in any commercial activities except as permitted by us;
• Engage in any illegal activities.
Loch Ness Productions reserves the right to modify, suspend or discontinue, temporarily or permanently, the LNP Service, with or without notice and without liability to you.
This Agreement begins when you first use the LNP Service. You may terminate this agreement at any time by notifying us and deleting all Programs and Products you have purchased. We reserve the right to terminate your account or restrict access to the LNP Service for any reason, including your breach of this Agreement.
YOUR USE OF THE LNP SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. WE PROVIDE THE LNP SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMS ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
LNP AND OUR PRODUCER PARTNERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, we make no representations or warranties concerning:
• The availability of the LNP Service in a particular jurisdiction.
• The availability of the LNP Service for any particular device, operating system, or browser.
• The continued support for a particular feature of the LNP Service.
• The viewing quality of any Program. We do not guarantee you will be able to use the LNP Service or view any Program uninterrupted or error-free.
• The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not us.
• The continued availability of any Program.
• Any Producer's actions or omissions with respect to your personal information.
Our entire liability, without exception, is limited to the reimbursement of the customers' purchase price (maximum being the lesser of the amount paid by you and our listed retail price) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from you to us.
To the maximum extent permitted by law, Loch Ness Productions, its officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) shall not be liable for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses; (ii) damages relating to any dispute between you and a Producer or other LNP Service user; or (iii) damages exceeding the amounts paid by you to us over the 12 months preceding the filing of your claim. The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not LNP (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose.
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
You agree to indemnify, defend, and hold harmless Loch Ness Productions and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability, claim, demand, damages, losses, and costs (including attorneys' fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third party right.
This Agreement shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
No Waiver: The failure of LNP (or any Producer) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.
Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
Interpretation: Headings are provided for convenience and shall not be used to construe the terms hereof.
Assignment: This Agreement is binding on the parties and their successors, heirs, and permitted assigns. This Agreement is not assignable or transferable by you without our prior written consent.
Relationship: The parties are independent contractors as to one another. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Third Parties: No third parties shall have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.
Force Majeure: Neither LNP nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
U.S. Export Compliance: You may not use the LNP Service if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the LNP Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.
Notices: You agree to receive notices via the email address that you provided to the LNP Service Web site.
Except as set forth above, links to pages on the LNP Service Web site or any third party materials are for convenience only and do not form part of this Agreement.
This Agreement sets forth the entire understanding between you and us concerning your use of the LNP Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the LNP Service Web site and will apply prospectively.
Contact Us: If you have any questions, please contact us.