1. YOUR USE OF A SERVICE

These terms, along with our Privacy Policy, apply to your use of any product and/or service offered by CE Records (the “Services”). If you are paying a fee for a Service, then you may also have a separate Subscription Agreement with CE Records and/or certain authorized third-parties.

If you continue to use a Service, then you are deemed to accept the Terms and Conditions and it forms a legally binding agreement between you and CE Records. If you do not agree with these Terms and Conditions, Privacy Policy, or any applicable Subscription Agreement, then please do not use the Service.

2. ACCESSING SERVICES

You understand that before accessing a Service, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Services.

CE Records is not responsible for any additional charges that you may incur for using a Service, such as data or other telecommunication or Internet or wireless service provider fees.

Access to certain Services may be restricted to simultaneous access on four or fewer devices at one time. CE Records reserves the right to force a log off out of your registration account in the event that it determines in its sole discretion that your registration account has been simultaneously logged into more devices than permitted.

You expressly acknowledge and agree that CE Records provides the Services to you in reliance on these Terms and Conditions.

Free Trials

Free Trial Offers. Your access to the CE Records Software may start with a free trial (“Free Trial”). The Free Trial period of your access lasts for the period set forth on registration of your Account (“Free Trial Period”), and is intended to allow you to try the CE Records Services.

Free Trial Eligibility. Free Trial eligibility is determined by CE Records at its sole discretion and we may limit eligibility or duration to prevent Free Trial abuse. We reserve the right to revoke the Free Trial and put your Account on hold in the event that we determine that you are not eligible. We may use information such as device ID, physical address, name, or an Account email address used with an existing or recent CE Records Account to determine eligibility.

Expiration of Free Trial. Your Free Trial will automatically expire at the end of the Free Trial Period. Upon expiration, you agree to comply with the requirements of the subscription agreement. If you wish to continue to use the CE Records Software, please visit the Site and/or your Account to purchase a CE Records Plan.

 

 

Disclaimer.

Without limiting the other disclaimers and limitations in this Agreement, CUSTOMER AGREES THAT ANY FREE TRIAL ACCESS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. ACCORDINGLY, ANY USE OF FREE TRIAL PERIODS ARE AT CUSTOMER’S SOLE RISK. CE Records may terminate Customer’s right to use the CE Records Services during any Free Trial period at any time for any reason or no reason in CE Records sole discretion, without liability.

3. TYPES OF USERS AND LEVELS OF ACCESS

The Services and Content (as defined below) may contain materials that are not suitable for minors. You acknowledge that you are fully responsible for the conduct and use of the Services and Content by minors in your care and control whom you have authorized to access and use the Services and Content.

There are different types of users of the Services.

Anonymous Users have limits on their access and interactions with the Services. Anonymous Users may not be able to view or access all elements of the Services.

Subscribers may have created a registration account and may pay fees for certain Services. Subscribers have access and privileges with respect to each Service they have subscribed to.

4. CREATING A REGISTRATION ACCOUNT

Visit http://www.ce-records.com/ to create your registration account. You consent to the collection and use of your personal information by CE Records for the purpose of creating your registration and/or subscription account, as applicable.

You must provide correct, current and complete information during the registration process. User information must be kept up to date. You may not pretend to be someone else or spoof their identity.

You will create a login and password to your account, which is unique to your account and must be kept confidential at all times. Each account is intended to apply to a single user. Should you choose to share your account with a family member or staff, you will have to share your login information with them and give them permission to view your account and information. You agree that you are responsible for all activities and transactions that occur through your account. You will promptly notify CE Records if you become aware of any unauthorized access or use of your account.

We may terminate or suspend your account at any time, without notice to you, if we believe your use of the Services breaches these Terms and Conditions, such as if your user information is incorrect, not current, or if your account is in arrears or has been breached.

5. SUBSCRIBING TO A SERVICE

CE Records reserves the right to reject a subscription order for a Service at any time.

(A) SUBSCRIPTION AGREEMENT

Certain Services and Content will only be provided to you upon your acceptance of a Subscription Agreement with CE Records or an authorized third-party. The Subscription Agreement or a link to the Subscription Agreement will be presented to you for your review during the subscription process. Information provided by you to fulfil a subscription order is subject to CE Records Privacy Policy.

Subscription and Cancellation

Subscriptions

CE Records offers different types of subscriptions (“Subscriptions”) including, for example monthly and annual subscriptions. CE Records reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time, including without limitation to Registered Users.

CE Records will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you the recipient with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).

Renewal

Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Subscription at any time as set out below.

Cancellation

Unless specifically stated in any Subscription offer or promotion when you place your Subscription order, you have the right to cancel your Subscription at any time. Please note that your Subscription includes a digital element, by placing your order you agree that we may start your Digital Subscription immediately and you acknowledge that you will lose your right to a refund in relation to any payments that have been paid before you cancelled.

If you exercise your right to cancel your monthly subscription, unless the terms of any Subscription offer or promotion state otherwise, we will allow you access to the nearest month-end date for each month delivered before you cancelled or to your renewal date for annual plans. If applicable, any reimbursement will be settled as described in the “Fees and Payments” section below.

How to cancel

You may notify us of your wish to cancel your subscription by sending an in-app cancelation request.

Fees and Payments

You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.

The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

When you purchase a Subscription or access other CE Records Content, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or CE Records Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

If your uses of the Site or any Subscription is terminated by CE Records, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by CE Records). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.

If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.

(B) FEES

CE Records reserves the right to charge fees for access to any Service.

You will not be charged a fee for a Service unless you subscribe to that Service. You must be of the age of majority in your jurisdiction of residence to subscribe to a Service.

The fees for Service (plus any applicable taxes or other additional charges, such as administration, transaction or access fees), accepted methods of payment and accepted frequencies of billing (such as monthly or annually) will be specified at the time of subscription. All fees, unless otherwise specified, are in Canadian dollars.

For periodic subscriptions to Services, you will be automatically billed (i.e. charged or debited) or invoiced on or around the periodic anniversary date of your subscription to the Service, and periodically thereafter in accordance with the billing cycle selected at the time of purchase. You will be automatically billed (i.e. charged or debited) at the time of purchase for monthly or one time annual service.

You are responsible for providing and maintaining current, complete and accurate billing and delivery information. You must contact CE Records immediately with any changes to your billing or delivery information to avoid any interruptions to your Service.

CE Records reserves the rights to levy an administration charge if your method of payment is invalid (e.g. an expired or otherwise invalid credit card). You will remain responsible for all fees and for all costs incurred by CE Records in connection with the unpaid fees, including but not limited to collection agency fees. You authorize us to obtain updated expiration dates if applicable and we reserve the right to charge the fee to the renewal credit cards.

By subscribing to a Service, you agree to pay the subscription fees specified at the time of purchase, using the method of payment chosen, and billed/charged at the frequency provided.

(C) TERM

If you purchase a periodic (monthly or annual) subscription to a Service, your subscription will continue until it is cancelled.

(D) MODIFICATION BY YOU

You may make certain changes to your Service, limited to the frequency of billing. Refunds, reconciliations and charges will be applied in accordance with the terms specified in these Terms and Conditions or your applicable Subscriber Agreement at the sole discretion of CE Records.

(E) MODIFICATIONS BY CE Records

You will be given advance notice of any new fees, changes to current fees or other material changes to the Services by notification methods including but not limited to postal mail, email, or the posting of an advertisement or notice on a website or in app mail.

If you do not wish to accept the new fees, you may cancel your Service in accordance with these Terms and Conditions or an applicable Subscription Agreement.

If CE Records has made, in its sole determination, an error in fees for a Service, your sole remedy is to cancel the Service. CE Records is under no obligation to provide you with the Service at the erroneous fee.

(F) PROMOTIONS

CE Records may from time to time at our discretion offer promotions such as discounts and trials to certain Services, or certain contests, sweepstakes or other promotions. The specific rules, regulations, terms and details of each promotion will be provided at the time of the offer. Your eligibility for a promotion and the applicability of any discounts is at the sole discretion of CE Records.  CE Records may revoke, terminate, cancel, modify or deem a promotion inapplicable to you at any time.

1. THE CONTENT — PROTECTED BY COPYRIGHT AND TRADE-MARK LAWS

The Services include literary, musical, dramatic and artistic works, including but not limited to computer programs, software, databases, text, information, data, code, sounds, sound effects, sound recordings, audio, musical compositions, performances, video, cinematographic works, photographs, pictures, illustrations and graphics (the “Content”).

All Content is protected by Canadian and international intellectual property laws and treaties, including copyright and trade-mark laws, and is owned by Ellamonty Corp, licensed to CE Records, or otherwise provided by a third-party.

All trade-marks (including, but not limited to, trade names, logos, word and design marks) that appear in the Services are the trade-marks or registered trade-marks of CE Records or of their respective owners and are protected from reproduction, dilution and confusing or misleading uses. The use of any trade-mark appearing on any of the Services without the express written consent of the trade-mark owner is strictly prohibited.

2. INDEMNITY

You agree to indemnify, defend and hold harmless CE Records and each of its respective officers, directors, affiliates, business partners, employees, agents, licensors and all third parties mentioned on the Services and Content from and against any and all claims, actions, losses or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: your breach of these Terms and Conditions or a Subscription Agreement if applicable; your access and use of the Services and Content; your use or reliance on the Services and Content; your publication, communication, distribution or transmission otherwise of the Services or Content; or your violation of any law or regulation. You will use your best efforts to cooperate with CE Records in the defense of any claim. CE Records reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

3. CONTACT US

CE Records welcomes feedback. Any feedback, suggestions, ideas or other information that you provide to CE Records regarding the performance, features, functionality or other aspects of Services and Content (“Feedback”) will be owned by CE Records and may be used by CE Records without restriction and without compensation to you. You understand that under no circumstances will your Feedback be subject to an obligation of confidentiality by CE Records, that you are providing Feedback without an expectation of compensation, that the Feedback is wholly original to you and that you waive any and all rights that you may have in the Feedback in favour of CE Records.