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These Conditions (defined below) apply to the use of the Website (defined below). Registering as a User (defined below) of this Website and/or obtaining a trial to Stream (defined below) songs, will be governed by these Conditions and we expect you to read through them carefully. If you do not agree to these Conditions, you may not use or access this Website.
1.1 In these Conditions, the following words shall have the meanings set opposite:-
"Conditions" |
means these terms and conditions; |
|---|---|
"Editorial Content" |
means podcasts, music reviews, gig reviews and other information displayed on the Website; |
"Forum" |
means the facility on the Website enabling Users' to express views on various Songs and the Website;
|
"Intellectual Property" |
means any patents, copyright, registered designs, unregistered designs, trade marks (whether registered or unregistered), technical information, confidential information, know-how, inventions, database rights, all software and source codes and any other industrial or intellectual property rights whether existing in the United Kingdom and/or elsewhere and any and all applications for any of the foregoing and any and all rights to apply for any of the foregoing; |
"Services" |
means the ability to Stream an unlimited number of Songs and access Forums, Playlists and Editorial Content and any other services where available on the Website; |
"Personal Information" |
means the information provided by you on registering with the Website as detailed in paragraphs 3 and 4; |
"Playlists" |
means the defined Playlists exhibited on the Website; |
"Sample(s)" |
means a portion of a Song or, in some cases, an entire Song that you can play directly from and while you are logged on to the Website, on a promotional basis; |
"Song(s)" |
means a digital sound recording advertised on the Website which is available to Stream; |
"Stream" |
means a Song that you play directly from and while you are logged on to the Website;
|
"Users" |
means a registered user of the Website; |
"We" or "Us" |
means the University Court of the University of Abertay, Dundee, Bell Street, Dundee, DD1 1HG; |
"Website" |
means the media web website located at http://www.jazzdup.com/ and any subsequent URL which may replace it. |
2.3 You must be aged 18 or over to access the Services on this Website.
2.4 You must have an address in the UK and be based in the UK in order to access this Website. Your PC will require to have web browser and flash player in order to effectively access the Services.
3.1 To access the Services you are obliged to register with this Website and provide certain Personal Information to Us. Failure to register with the Website means you will be unable to access the Services from the Website.
3.2 You shall ensure that any Personal Information which you are required to provide when you register with this Website is true, accurate, current and complete in all respects.
3.3 You will notify Us immediately of any changes to any Personal Information supplied to Us.
3.4 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Website.
3.5 Once registration with the Website is complete, you will be given a password which you require to keep confidential. The password should be used by you to access the Services. You should not allow any third party to become aware of your password and/or allow unauthorised access to your account. You are obliged to inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
3.6 We reserve the right, at our reasonable discretion, to refuse access to the Website and/or terminate registration of any User for any reason.
4.1 The Personal Information that We collect about you will always be used lawfully and in accordance with the UK Data Protection Act 1998.
4.2 We will hold all information about you securely, in accordance with our own internal security policy and with UK law. We will not collect ‘sensitive personal information’ (as defined in the UK Data Protection Act 1998) without your explicit consent. We will hold information about your transactions with Us for administrative and legal reasons, and we will not disclose such information to any third party except as expressly set out hereunder or as required by UK law, or for the purposes of UK statutory audit.
4.3 You have the right to request a copy of the information that we hold about you and to have any inaccuracies corrected. We will try to ensure that the Personal Information we hold about you is accurate and up-to-date. If you tell Us that We are holding any inaccurate Personal Information about you, We will delete it or correct it promptly.
4.4 We may hold Personal Information about you, including your name, address, phone number, email address, details of Streams by you.
4.5 We confirm that any Personal Information which you provide to us shall be used only for the following purposes:-
4.5.1 to process your Streams and allow you to access the Services;
4.5.2 to administer this Website;
4.5.3 to notify you of any products or special offers that may be of interest to you.
4.6 In the event that you do not wish Us to use your Personal Information to notify you of products and special offers, please let us know and We will remove your details from our database.
4.7 We use your computer's IP (Internet Protocol) address and browser configuration to help diagnose problems with our server, to collect general report information and to administer our Website.
5.1 We reserve the right to introduce a monthly subscription fee at any time and to make other services such as downloads available from the Website. We shall advise you on the Website in the event that we intend to introduce a subscription fee and amend these Terms and Conditions accordingly.
5.2 Following registration you shall be able to Stream an unlimited number of Songs from the Website.
5.3 When you Stream a Song, this must be for personal use only and the Song must not be used for any commercial purpose. You may not attempt (or allow others) to capture, copy, publicly perform or communicate to the public a Streamed Song.
5.4 Any unauthorised copying or reproduction of a Song will amount to copyright infringement.
6.1 We reserve the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you and you confirm that We shall not be liable to you or any third party for any modification to or withdrawal of the Website and or change these Conditions from time to time. It is your responsibility to check regularly to determine whether these Conditions have been changed each time you Stream a Song.
6.2 We make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of this Website, including (without prejudice) in relation to the Playlists and Editorial Content.
6.3 While We will use our reasonable endeavours to verify the accuracy of any information we place on this Website, this Website is provided on an "as is" basis and an "as available" basis without any representation or endorsement made and We make no warranties of any kind whether express or implied in relation to the availability or functionality of the Website.
6.4 We have not reviewed any of the sites that may be linked to this Website and are not responsible for the content of any linked pages or other sites linked to this Website. We shall have no responsibility or liability arising from the contents of any linked pages or linked sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein. In addition, the views exchanged and/or expressed in the Forum are those of our Users and We shall have no liability arising from the content of the Forum, including without prejudice, for any error, defamation, omission or inaccuracy contained in the views expressed therein.
6.5 You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, pornographic or illegal material on this Website.
6.6 Both parties shall use reasonable efforts to ensure that when using this Website no viruses, Trojan horses or other codes containing contaminating or destructive properties are transmitted. However, We shall have no liability in the event that the same are transmitted during the course of using this Website.
6.7 This Website uses cookies (small information files sent out automatically by the Website and then stored in your computer) to identify your computer, and keep track of your activities on the Website. Cookies in themselves do not identify the individual user, only the computer used. Cookies enable us to find out information, such as whether the computer has visited the Website before. Information supplied by cookies can help us to provide you with a better service and assists us to analyse the profile of our visitors. Cookies themselves only record those areas of the site that have been visited by the computer in question, and for how long. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. We will not disclose to a third party any information about you that we gather using cookies.
6.8 On occasion, technical problems or expiry of our rights to make certain Songs unavailable and may prevent Streaming by you. Receipt of your request to Stream Songs does not guarantee that we will be able to make this available to you. Where there is a problem in Streaming any Songs, we will inform you as soon as possible.
6.9 Certain Songs may contain explicit or offensive lyrics or other content. Where possible, we will provide you with British Phonographic Industry information in relation to any Songs which may contain explicit or offensive lyrics.
In the event of a query or complaint about the Website and/or the Songs, please complete the query/complaint form contained on this Website and submit it to us.
8.1 You acknowledge and agree that all Intellectual Property Rights in all songs, material or content supplied as part of the Website, shall remain at all times vested in Us or our licensors. You are permitted to use this Website, the Songs and the material contained therein only as expressly authorised by Us.
8.2 You acknowledge and agree that the Songs and any other material and content contained within the Website is made available for your personal, non-commercial use only. Any other use of the Songs and/or any other material and content of the Website is strictly prohibited. You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit, perform or create derivative works of the Songs and/or any other material and content of the Website. You further agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of the Website and in particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this Website. You may not create and/or publish your own database that features substantial parts of this Website.
This Website may be used by you only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.
10.1 The information presented on the Website is believed to be accurate but should not be relied upon by the User for any particular purpose. We shall not be liable for the content or any omissions from the Website, including any inaccuracies, errors or misstatements in the data available.
10.2 Subject to Condition 10.3 below, our entire and aggregate liability to you arising under these Conditions or otherwise, including under the laws of negligence shall be limited to sum of FIVE HUNDERED POUNDS (£500.00) STERLING.
10.3 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our representatives, agents or employees.
10.4 Under no circumstances shall We be liable to you for any consequential, incidental or special damages (including loss of business profits, business interruption, loss of business information, and the like) howsoever arising.
We may in our sole discretion terminate these Conditions or suspend access to the Website at any time without notice to you in the event that you are in breach (or we reasonably suspect that you have breached) any provision of these Conditions.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No failures to exercise and no delay in exercising on our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by Us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
These Conditions govern our relationship with you and represent the entire understanding of the subject matter. We confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications.
These Conditions shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
These Conditions do not affect your rights under law and for more information on what these rights are We would suggest that you contact your local Citizens' Advice Bureau.