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Terms & Conditions

The Presley Club Terms of Use

Last updated October 11, 2019

This is an agreement between you and the entity providing The Presley Club to you, which may be, depending on your country of residence (your “Location”). This agreement governs your use of the personalized services available in your Location (Unlimited CD & DVD Downloads, Streaming Music, Shop, and/or the Music & Video downloads Service/memberships, collectively, the "Services"). The Presley Club that provides the Services to you may change from time to time. The Services allow you to purchase and access digital versions of audio/video recordings, artwork and information relating to the audio/video recordings, and other content (collectively, "Music Content"), as described below. Before using the Services, please read these Terms of Use, all rules and policies related to the Services (including any specific rules, usage restrictions, and other conditions or procedures that we post or update on or through the Services or on any help or other informational page for the Services).

If you use any of the Services or make any purchases on our website, you are fully understanding and agreeing to the terms and conditions of the Agreement.

To use the Services, you must have a membership account, and you may be required to be logged in to the account and have a valid payment method associated with it. You may not share your  username and password with others or use anyone else’s username and password.

THE SERVICES.

The Presley Club Unlimited CD/DVD Downloads. The Presley Club Unlimited ("Unlimited") allows you to access certain Music/Video Content from our site ("Unlimited Content") if you subscribe to one of our membership plans.

Membership Plans; Fees; Upgrades and Downgrades. We may offer paid plans that allow you to access Unlimited Content (each, an "Unlimited Plan"). The Unlimited Plans and the applicable subscription fees are described in our detail pages and Help Pages. From time to time, we may change the Unlimited Plans, as well as the applicable fees for those plans. The amount of the fee and the next due date are available in your membership page. Unless legally required, the price stated does not include any taxes that we may charge. Payment is non-refundable. If you upgrade your Unlimited Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and the term of your Unlimited Plan may be extended, as described at the time you upgrade your Unlimited Plan. If you downgrade your Unlimited Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Unlimited Plan.

Digital CD/DVD Downloads. This allows you to purchase Music/Video Content ("Purchased Media"). Unless otherwise specified, all sales are final and risk of loss transfers upon sale. We do not accept returns of Purchased Music/Video. When you place an order to purchase CD/DVD Digital Content on our website, you acknowledge and agree that you cannot cancel your purchase of the CD or DVD download once delivery has started, including by our making it available to you in the cloud for streaming or downloading. Your statutory rights are not affected.

GENERAL SUBSCRIPTION PLAN TERMS.

Promotional and Trial Offers. We may offer trial or promotional Membership Plans (each, a "Trial Plan"). Some Trial Plans may, as communicated to you, automatically convert to a paid plan unless you cancel before the end of the Trial Plan.

Payment; Renewal. For customers on an Unlimited Plan, if all payment methods we have on file for you are declined for payment of your Unlimited Plan, you have 3 days to provide us a new payment method or your Unlimited Plan will be canceled. If you provide us with a new payment method and are successfully charged within 3 days, your new Unlimited Plan term will be based on the original renewal/subscription date and not the date of the successful charge.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP PLAN WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE FEE AND APPLICABLE TAXES FOR THE MEMBERSHIP PLAN, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. MEMBERSHIP PLAN FEES AND FEATURES MAY CHANGE OVER TIME. HOWEVER, ANY INCREASE IN THE FEE WILL NOT AFFECT THE COST OF YOUR MEMBERSHIP PLAN DURING ITS TERM. YOUR RENEWAL PLAN WILL BE THE ONE WE CHOOSE AS BEING CLOSEST TO YOUR MEMBERSHIP PLAN.

You may cancel the auto renewal of your Membership Plan at any time. If you cancel your subscription, you will not receive a refund of any fees already paid.

Subscription Restrictions. We reserve the right to accept or refuse subscriptions. You may not transfer or assign your subscription or any Membership benefits.

RIGHTS AND RESTRICTIONS.

Rights Granted. You may use the Services only for your personal, non-commercial purposes. You may not use the Services to store, transfer, or distribute content of or on behalf of third parties, to operate your own content application or service, or to resell any part of the Services. We grant you a non-exclusive, non-transferable right to use Purchased Music, Subscription Content, Matched Music, and any additional Music Content we provide you access to through the Services only for your personal, non-commercial purposes, subject to the Agreement. Except as set forth in the preceding sentence, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, repurpose, modify, adapt, edit, license or otherwise transfer, or use Purchased Music or Subscription Content. We do not grant you any synchronization, public performance, public display, promotional use, commercial sale, resale, reproduction, or distribution rights for any Music Content. You must comply with all applicable laws and with the terms of any licenses or agreements to which you are bound in your use of the Services.

Usage Restrictions. You may need to register the devices you use with the Services, and we may limit the number of devices you can register, the frequency with which you can change them, and the number of devices from which you can use the Services at any one time. We may impose other restrictions on use of the Services.

No Reverse Engineering or Circumvention. You may not, and you will not encourage, assist, or authorize any other person to, modify, reverse engineer, circumvent, decompile, disassemble, dupe, or otherwise tamper with (a) any methodology we use to identify Music Content on your device and match it to Music Content from our catalog, (b) any methodology we use to protect Music Content, or (c) the Unique Identifiers (defined below).

CHANGES; SUSPENSION AND TERMINATION.

Changes. We may change, suspend, or discontinue the Services, or any part of them, at any time. If we discontinue your Membership Plan, we will give you a prorated refund of any fees paid for your Membership Plan. From time to time, we may add Music or Video Content to or remove it from the Website. You may not have access to all the CD & DVD downloads on our website at once. There may be unusual circumstances where due to legal reasons we may no longer be able to store or provide you access to particular Music Content.

Suspension and Termination by Us. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend, or terminate your use of the Services at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, involves fraud or misuse of the Services, or harms our interests or those of another user of the Services. If your Membership Plan is restricted, suspended, or terminated, you may be unable to access the Services and you may not receive any refund of fees or any other compensation.

Cancellation by You. You may cancel your Membership Plan at any time. Payment is non-refundable, even if you did not use the Services.

RETURN POLICY.

Refunds. Items can be returned within 14 days from receipt of delivery. If you want to return an item, you must contact us within the 14 day return window and let us know. Please state the reason for your return in your request. We will then send you a postage-paid shipping label for you to return your item by giving it to your mail carrier, deposit it into any USPS mailbox or take it to your local post office.

Once we receive your return, it can take 2-5 business days to fully process your refund. The cost of return shipping as well as original shipping cost will be deducted from your refund.

Partial Refunds or Restocking Fees. If you return your item past the return window of 14 days and your item is in original condition (still sealed in plastic wrap) and has not been opened, you’ll receive 80% of the item’s purchase price. If your item has been opened but is still in good condition, you’ll receive 50% of the item’s purchase price. The cost of return shipping as well as original shipping cost will be deducted from your refund. The return deadline is 30 days from receipt of delivery. After that date, no returns are accepted.

Returns & Exchanges. If you have received the wrong item or your item is damaged or defective*, you must contact us within the 14 day return window and let us know. Please state the reason for your return in your request. We will then send you a postage-paid shipping label for you to return your item by giving it to your mail carrier, deposit it into any USPS mailbox or take it to your local post office.

Once we receive your return, it can take 2-5 business days to fully process your replacement item and ship it to you. We will cover all shipping fees.

If you return your damaged or defective item past the return window of 14 days, the cost of return shipping as well as original shipping cost will be your responsibility. The return deadline is 30 days from receipt of delivery. After that date, no returns are accepted.

ITEMS THAT CAN’T BE RETURNED OR REFUNDED

All digital downloads are not returnable or refundable after purchase.

USB K-DRIVE albums or USB VDRIVE movies/videos are not returnable or refundable after purchase.

Initial Membership fee is not refundable after purchase. You can cancel your next recurring payment, however your first installment payment is non-refundable. Once you sign up to one of our paid Membership Plans, you are responsible for the first initial payment. If you choose to sign up to a monthly recurring payment plan, you will have access to our members area for the entire month even if you decide to cancel your membership. The same goes for a yearly membership. However, if you decide to cancel, you do not get a refund for your initial payment. Rather, when you cancel, only the next recurring payment will not be charged to your account.

*When returning for damaged or defective items, we will only send a replacement of the same title.

GENERAL.

Reservation of Rights; Waiver. The Services, Software, and Music Content embody intellectual property that is protected by law. Copyright owners of Purchased Music are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. All licenses granted to you are non-exclusive. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

Contact Information; Copyright Notices. For communications concerning the Agreement, please write to The Presley Club at the applicable notice address listed. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the Conditions of Use.

DISPUTES.

Disputes/Conditions of UseAny dispute or claim arising from or relating to the Agreement or the Services is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration (if applicable), and all other terms in the Conditions of Use applicable to you.You agree to those terms by entering into the Agreement or using the Services. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.