Terms and Conditions

This is a legal agreement between you and Exalta Projects providing audio guides for digital downloading (known as and referred to hereafter as the “The Company”) stating the terms that govern your use of the Exalta Projects owned online store located at www.myguide.com.mt. You must accept and abide by the terms as presented to you, and the The Company alone reserves the right to change, add, or remove portions of this agreement at anytime. It is your responsibility to check the Agreement each time before using the website, and your continued use of the website will indicate your acceptance of any changes. To agree to the terms of the Agreement, click “Agree.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE.

1. Age Requirement.

To register for use of the Service on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this agreement to your parent or legal guardian, and he or she must click “AGREE” to enter into this agreement on your behalf. Children under 13 years of age may not register for the service, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Service, including all financial charges and legal liability that he or she may incur.

2. Description of Service.

Through the use of the The Company owned website, you are permitted to listen to Samples (as defined below), and obtain Digital Downloads of sound recordings (“Tracks”) and related digital content (“Materials” defined below). The The Company Service, Tracks, and Materials are only for your personal, noncommercial use. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the sites on which the Service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the Tracks or Materials accessible through the Service. The Service is not part of any other offering or product, and as such, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the service. From time to time, you may have to install software, available through the Service to aid in the accessibility of Content.

3. Registration Data & Accounts.

To use the Service you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to The Company (“Registration Data”) for the purposes of creating an Account, called “my Account.” You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Company may terminate your account and any or all rights to the Service if any information you provide is inaccurate, false, or incomplete. You agree that The Company may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your accounts.

4. Security of Account.

You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify The Company immediately of any unauthorized use of your password and/or account. The Company shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or account, and you agree to hold harmless and to indemnify The Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. 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, The Company will terminate your Account.

5. Consent to our communication with You by E-Mail.

By establishing a The Company Account, and each time you make a purchase through our Site, you grant permission for The Company to contact you at your e-mail address.

6. Objectionable Material.

When using the service, you understand that you might encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Service at your own risk and The Company shall have no liability to you for content that may be found objectionable, indecent, or offensive.

USE OF SERVICE, CONTENT, SOFTWARE, TRACKS, AND MATERIALS All rights not expressly granted to you in this Agreement are reserved to The Company and/or is licensors.

7. Content.

All music, downloaded or samples, and all software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other element of the The Company website (collectively Content), including but not limited to the layout, election, organization, and coordination of such Content on the website is the property of or is licensed to The Company, and is protected by trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of The Company, and except as provided in this Agreement, no Content may be transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.

8. Content Usage Rules.

The Company RESERVES THE RIGHT TO ENFORCE THE CONTENT USE RULES WITH OR WITHOUT NOTICE TO YOU. Your access to and/or use of any Track(s) will be limited by the rules assigned to the Track(s) by The Company (“Content Usage Rules”) and described in this section. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Service or any of the Usage Rules.

A “Sample” is a promotional portion of a Track, in some cases an entire Track, which is made available to you while you are logged onto the Service. Samples may also consist of a promotional music video. Samples are offered at no cost to you, and you may play as many Samples as you like. You may not attempt, or support others’ attempts, to download, copy, or capture a Sample.

A “Download” is a Purchased Track or other Purchased Digital Material that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, (3) burn to a CD/DVD. The Company shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in Tracks or Material or any works embodied in them.

You shall be authorized to use the Downloads only for noncommercial, personal use. The Downloads are strictly limited to your personal use and any use or sharing outside the doctrine of Fair Use, as provided in the United States Copyright Code, is in violation of Copyright and Intellectual Property laws.

9. Prohibited Uses of Digital Downloads.

You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads. You may not play and then redigitize any Downloads. You may not create any “derivative works” by altering any of the Content. You may not use the Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is prohibited.

10. Loss of Rights by The Company.

The Company may at any time lose the right to make certain Tracks and/or Materials available. In such an event, you will no longer be able to access these Tracks/Materials from The Company’s Library function or obtain them from the Site’s catalog.

Charges / Billing

11. Agreement to Pay.

You agree to pay for all Products that you purchase through the Service and The Company may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize The Company to charge your credit card for the above mentioned at The Company’s convenience, but within (30) days of credit card authorization. YOU ARE RESPONSIBLE FOR PROVIDING The Company WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, The Company may post charges individually or aggregate your charges with other purchases you make on the service. If any of your billing information changes, you are responsible for updating the information in the applicable section of your “Member Account.” You are responsible for any charges on your account that are incurred by any person through your account, and you are solely responsible for keeping your account secure and confidential.

12. Sales to End Users Only.

The Company sells products to end user customers only, and not to music dealers, exporters, wholesalers, or any other businesses with an intent to resell.

13. The Company’s Right of Refusal.

The Company reserves the right to refuse Service or sale of Products for any reason, to any End User.

14. Right to Change Prices and Product Availability.

Prices and Availability of Products (e.g., Tracks and Materials) offered through the Service are subject to change at any time. The Company does not provide price protection or refunds in the event of a price drop or promotional offering.

15. Digital Download

Each Digital Download is an Individual Sale and Subject to the Terms and Conditions of this Agreement. Each purchase of Digital Downloads by You will be regarded as a separate transaction and each delivery of a Digital Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.

16. No Refunds.

All sales are final and all charges from those sales are nonrefundable.

17. No Responsibility for Typographical Errors.

Due to the rapidly expanding, broad selection of Tracks and Materials on the The Company website, it is possible that a Track or Material may be accidentally mis-priced. In such an event, The Company reserves the right not to accept End User orders with prices based upon typographical errors.

18. Taxes.

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

19. Order Acceptance Policy.

Your receipt of an electronic or other form of confirmation does not (1) constitute The Company’s offer to sell and (2) convey The Company’s acceptance of your order. The Company reserves the right, at its´┐Ż discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Your order is deemed accepted upon delivery of Products (i.e. completion of a Digital Download as indicated by our servers).

20. Methods of Payment and Credit Card Terms.

The Company currently accepts American Express, Visa, Master Card, Solo credit cards, and PayPal. The Company does not accept cash, money orders, or checks. The Company reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not The Company, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Products or Digital Download orders previously accepted by The Company will survive your termination of the Terms and Conditions of Usage.

21. Electronic Signatures and Contracts.

Your use of The Company’s Service includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.

Other Features, and Terms & Conditions

22. Community Features / Public Areas.

The Service may contain features designed to help members find Tracks and Materials of personal interest by viewing Tracks and Materials that other members have sampled and/or downloaded. These features may include access to members most recently played lists and access to member’s collections of Tracks and Materials. Further, The Company may feature message boards and/or chat rooms that allow for communication and posting of public profiles between users of the Service. The Public Areas are offered on a read only basis until a user signs up for the ability to post messages in the various forums. The Company HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, TRACKS/MATERIALS COLLECTION OR PUBLIC PROFILES. The Company is not responsible and assumes no liability for any activity, content, messages and the like that your or any other users post to a Public Area or a Public Profile, or send to another user over an instant messenger system.

23. Restrictions.

You may not use the Service (or any part of it, including but not limited to Public Areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.

24. The Company’s Rights.

By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that The Company may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If The Company’s use of such content exploits any proprietary rights you may have in such material, you agree that The Company has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify The Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.

25. Privacy.

For additional information regarding The Company’s use of information collected in connection with the Service, please refer to The Company’s Privacy Policy, a copy of which is available at the bottom of this page.

26. Copyrights.

All copyrights in and to the Service, including but not limited to, the The Company music store ( Including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by The Company and/or its licensors. The use of the software or any part of the service, except for use of the service as permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement.

27. Trademarks.

All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of The Company and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

28. Violation of Intellectual Property Rights.

If The Company receives a notice alleging that you have engaged in behavior that infringes The Company’s or other’s intellectual property rights or reasonably suspects the same, The Company may suspend or terminate your account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.

29. Enforcement of These Terms.

The Company reserves the right to enlist and take measures that The Company believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to The Company’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that The Company has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as The Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to The Company’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and /or Products is unlawful and/or infringes such third party’s rights).

30. No Responsibility for Third-Party Materials or Web Sites.

The service may include Products, Content, and Services from third parties available via the The Company Service. As well, The Company may include links to third party websites, which are provided solely as a convenience to you. The Company assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that The Company is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.

31. Indemnity.

By using this Service you agree to indemnify and hold harmless The Company and its agents, employees, directors, contractors, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorneys’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Tracks, the Materials, and Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.

32. Termination.

  • A. If you fail, or The Company suspects that you have failed, to comply with any of the provision of this Agreement, including but not limited to failure to make payment of fees due, failure to provide The Company with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, The Company, at its sole discretion, without notice to you may: (i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
  • B. The Company may, at its discretion, modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and The Company will not be liable to you or to any third party should it exercise such rights.

33. General Compliance with Laws.

The Service at www.djmagmusic.com is controlled and operated by The Company from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

34. Governing Law.

The laws of the State of Colorado, of the United States of America, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with The Company or relating in any way to your use of the Service resides in the courts of the State of Colorado, U.S.A.

35. Disclaimers.

  • A. The Company does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time The Company may remove the Service for indefinite periods of time, or cancel the service at any time, with or without notice to you.
  • B. The Company makes no warranty that any particular CD burner or portable device will be compatible with the Service or any Content offered on the The Company Service.
  • C. Under no circumstance shall any The Company entity be liable for any unauthorized use of the Service or its Content.
  • D. Under no circumstances shall any The Company entity be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Products, Service, or Content, even if the The Company entity has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the The Company entities shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
  • E. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by The Company) provided “as is” and “as available” for your use, and to the maximum extent allowed by applicable law, the The Company entities expressly disclaim all warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.