Please read the following Terms of Service carefully. By using this web Site, you acknowledge that you have read these Terms of Service and that you accept and will be bound by the terms thereof, as they may be modified by Damien Kelly’s Songlist from time to time. When such a modification is made, we will post a revised version of the Terms of Service on this website. Changes will be effective when they are posted. Damien Kelly’s Songlist is not required to provide you with notification that any such change has been made. It is your responsibility to review these Terms of Service from time to time to be aware of any such change. Your continued use of the service will indicate your agreement to any such change. We reserve the right to add to, remove, change or terminate access to any of the content or functions of the service without giving specific notice to you. If you do not agree to the Terms of Service, you may not use this website.
The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on this website is owned by either Damien Kelly’s Songlist, its suppliers or licensors unless expressly indicated otherwise on the website.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content in any way except as expressly provided for on the website or expressly authorised by the owner of the copyright subsisting in the content. The use of materials from the website on any other website or networked computer environment is similarly prohibited. You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any rights of the owner of the copyright subsisting in the content or which is prohibited by the Terms of Service.
All rights not expressly granted in the Terms of Service are reserved.
Damien Kelly’s Songlist makes no warranties or representations that material on other websites to which the content is linked does not infringe the intellectual property rights of any person anywhere in the world.
Damien Kelly’s Songlist is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites by linking to that material.
All trademarks displayed on the website are trademarks of their respective owners. Nothing contained on the website should be construed as granting any licence or right of use of any trademark displayed on the website without the express written permission of Damien Kelly’s Songlist, the relevant affiliate or third party owner.
Changes are made periodically to the content and the content could include technical inaccuracies or typographical errors. The content is a summary only of the subject matter covered, without an assumption of a duty of care by Damien Kelly’s Songlist or its contributors. The summary is not intended to be, nor should it be relied on, as a substitute for legal or other professional advice.
This website contains hypertext reference links and other pointers to internet websites operated by third parties. These linked websites are not under the control of Damien Kelly’s Songlist, and Damien Kelly’s Songlist is not responsible for the contents of any linked website or any hypertext reference link contained in a linked website. Damien Kelly’s Songlist provides these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked website, or approval of any material on the website, by Damien Kelly’s Songlist. Damien Kelly’s Songlist makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which content is linked. You link to any such website entirely at your own risk. When visiting other websites you should refer to each such websites individual terms of service and not rely on this agreement.
You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this site and any information or material available from it.
Except as provided for by non-excludable rights:
(a) all content is provided by Damien Kelly’s Songlist without warranties of any kind, either express or implied;
(b) Damien Kelly’s Songlist makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any content;
(c) Damien Kelly’s Songlist does not warrant or represent that:
(i) the content will not cause any damage;
(ii) the functions contained in any content, or your access to the website, will be reliable, uninterrupted or error-free;
(iii) any defects will be corrected; or
(iv) that the website or the server which stores and transmits content to you are free of computer viruses or any other harmful components, defects or errors;
(d) Damien Kelly’s Songlist does not warrant or make any representation regarding:
(i) your access to, or the results of your access to, the website (including any related or linked websites);
(ii) the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
(iii) any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e) you assume the entire cost of any necessary verification of any relevant content which you wish to have verified; and
(f) you agree that you use the website and rely on material contained in the website at your own risk.
You should make your own inquiries before entering into any transaction on the basis of the contents. Damien Kelly’s Songlist does not check the accuracy of the contents and neither Damien Kelly’s Songlist nor any other party providing material displayed on the website is under any obligation to give notice of any corrections or amendments.
You acknowledge that Damien Kelly’s Songlist is not liable for:
(a) any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
(b) the theft, destruction, damage or unauthorised access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of Damien Kelly’s Songlist) will Damien Kelly’s Songlist be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the website or any content. You expressly acknowledge and agree that Damien Kelly’s Songlist does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.
To the fullest extent permitted by law, Damien Kelly’s Songlists liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Damien Kelly’s Songlist to the following:
(i) the supply of the services again, or (ii) the payment of the cost of having services supplied again.
You agree to indemnify Damien Kelly’s Songlist (its respective parents and affiliates) against any loss or damage suffered, or costs incurred, by them in connection with your use of the website or any breach by you of the Terms of Service or any other legal obligation.
Damien Kelly’s Songlist may at any time without notice immediately terminate this agreement and your use and access to the website. In the event of termination, you are no longer authorised to use or access the website, however, all restrictions imposed on you and all Damien Kelly’s Songlist disclaimers and limitations of liability set out in the Terms of Service survive the termination.
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.