LakTunes.com Terms of Use

 

Introduction

 

Welcome to LakTunes.com. This site is developed and maintained by eLEKTAR Technologies (eLEKTAR from herein).This agreement governs your use of the LakTunes.com site.Please note that your use of the LakTunes.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. eLEKTAR reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

 

 

Use of this Site

 

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.LakTunes.com or any of itís affiliate sites does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the product(s) or service(s) you requested.

 

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All content including software used on this Site is the property of eLEKTAR Technologies and protected by U.S., Sri Lankan, and international copyright laws. The Contents and software on this Site may be used only as a shopping resource.Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. LakTunes.com is a trademark of eLEKTAR Technologies.

 

You must understand that by using this Site or any services provided on the Site, you may encounter Content that may be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that LakTunes.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

 

Site Security

 

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. eLEKTAR will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from LakTunes.com on this Site and other than generally available third party web browsers (ex: Internet Explorer, Netscape, Firefox).

 

 

Order Acceptance

 

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy.Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our paypal credit card processing sytem. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

 

 

Pricing

 

While LakTunes.com strives to provide accurate product and pricing information, pricing or typographical errors may occur.LakTunes.com or any of itís affiliate sites cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, eLEKTAR shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis priced, eLEKTAR may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

 

Quantity Limits & Sales

 

eLEKTAR reserves the right, at our sole discretion, to limit the quantity of items purchased per person, or per order. These restrictions may be applicable to orders placed by the same LakTunes.com or any of itís affiliate account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.eLEKTAR also reserves the right, at our sole discretion, to prohibit sales to dealers.

 

 

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by eLEKTAR, one of its affiliates or by third parties who have licensed their materials to eLEKTAR and are protected by U.S., Sri Lankan, and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property ofeLEKTAR and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of eLEKTARís or any third party's intellectual property rights.

The LakTunes.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of eLEKTAR Technologies. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply eLEKTAR's endorsement, sponsorship or recommendation of the third party, information, product or service. eLEKTARis not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

 

 

User Reviews, Feedback, Submissions

 

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to LakTunes.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain eLEKTARís property. Such disclosure, submission or offer of any Comments shall constitute an assignment to eLEKTAR of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Thus, eLEKTAR Technologies will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. eLEKTAR will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. eLEKTAR is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

eLEKTAR staff does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant eLEKTAR the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify eLEKTAR and its affiliates for all claims resulting from any Comments you submit. eLEKTAR and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

 

 

Colors

 

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

 

Indemnification

 

You agree to defend, indemnify and hold harmless eLEKTAR and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

 

 

Termination

 

These Terms of Use are effective unless and until terminated by either you or eLEKTAR Technologies. You may terminate this Agreement at any time, provided that you discontinue any further use of the LakTunes.com site or any of its affiliate sites. eLEKTAR also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the LakTunes.com Site and any of itís affiliate sites, if in eLEKTAR's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or eLEKTAR, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. eLEKTAR's right to any Comments shall survive any termination of this Agreement.

 

 

Disclaimer

 

LAKTUNES.COM AND ITíS AFFILIATE SITES PROVIDED BY eLEKTAR TECHNOLOGIES ON AN "AS IS" AND "AS AVAILABLE" BASIS.eLEKTAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, eLEKTAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, eLEKTAR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT OR SERVICE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE LAKTUNES.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

 

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL eLEKTAR OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE LAKTUNES.COM OR ANY OF ITíS AFFILIATE WEB SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF eLEKTAR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL eLEKTAR WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH THE PRODUCTS AND SERVICES OFFERED BY LAKTUNES.COM OR ANY OF ITíS AFFILIATE SITES.

 

 

General

 

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of eLEKTAR to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit eLEKTAR's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under U.S., Sri Lankan, and International law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of your region and you consent to the exclusive personal jurisdiction of such courts.

 

 

Procedure for Making and Responding to Claims of Copyright Infringement

It is the policy of eLEKTAR Technologies to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Copyright laws in the Republic of Sri Lanka, and/or any other copyright laws which are applicable in the geographical region you are located at.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to eLEKTAR Technologies.If you believe that your copyrighted work has been infringed under U.S. copyright law, Sri Lankan copyright law, or international copyright laws, and is accessible on this web site,

please notify us. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to eLEKTAR Technologies.

To be effective under the DMCA, Sri Lankan law, or the international law, notification of claims of copyright infringement by third parties must be a written communication.

Claims of copyright infringement can be communicated to eLEKTAR Technologies as follows:

By mail:
Legal Department, eLEKTAR Technologies
45 Subuthi Mawatha, Subuthi Pura
Battaramulla, Sri Lanka

By e-mail:legal@elektar.com

Upon receipt of a valid notification of alleged copyright infringement by a third party, eLEKTAR shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by eLEKTAR, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the eLEKTAR Technologies at the address listed above.

To be effective, a counter notification must be a written communication.

If eLEKTAR receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that eLEKTAR has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material onLakTunes.com or any of itís affiliate sites.You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement shall be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by eLEKTAR Technologies, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

eLEKTAR Technologies, 45 Subuthi Mawatha, Subuthi Pura, Battaramulla, Sri Lanka

Last Updated: May 8, 2005

© 2005 eLEKTAR Technologies. All Rights Reserved