Please read these terms carefully before subscribing to our Services. In particular we draw your attention to clauses 11, 12 and 13.
1. ACCEPTANCE OF TERMS
1.1 Your access to and use www.audiolounge.com ("The Website") and any Services referred to in Clause 2, is subject exclusively to the Terms and Conditions. You must not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly.
2. THE SERVICES
2.1 The website provides music and video download and streaming services ("The Services") designed to enable you to purchase legal online music with others. Unless stated otherwise the Services are for your personal and non commercial-use only. You hereby confirm that your computer meets the minimum technical requirements for the Services as stated clearly on the Website. The Services are for your own personal use and you are not authorised to make any copies for downloads other than for personal use.
2.2 We warrant that we have a right to license the downloads and we will provide the Service with reasonable skill and care.
2.3 We will try to make the Website and Services available but cannot guarantee that they will operate continuously or without interruptions or be error free and we cannot accept liability for any unavailability.
3. CHILD SUPERVISION
3.1 We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your allowing your child access to all Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personal identifiable information about yourself or your children via any of the Services.
3.2 You must be over 18 to subscribe to our subscription Services.
4. PRIVACY POLICY
4.1 We are committed to responsible data management and subscribe to the principles of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If your register for any of the Services you will be asked to provide basic personal information. We will not make the information provided by you available for sale or use by third parties. The information is used solely for notifying you of any changes or updates to the Website/Services.
4.2 We use a technology called "cookies" as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
5. USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing information and registering a user name and password for use with that service. You are responsible for maintaining the confidentiality of your username and password and also for all activities which take place under your account. You agree to immediately notify us of any unathorised use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.
6. ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. We will not be liable in any way for Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 Post, publish, distribute or disseminate material or information in any way that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
6.2.5 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.7 Collect or store personal information about others, including email addresses;
6.2.8 Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.9 Impersonate any person or entity for the purpose of misleading others;
6.2.10 Violate any applicable laws or regulations;
6.2.11 Use the Website/Services in any manner that could damage, diable, overburden or impair the Website/Service or interfere with any other party's use or enjoyment of the Website/Services;
6.2.12 Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.13 Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
7. CHARGES / BILLING
Agreement to Pay. You agree to pay for all Tracks and Materials that you purchase through the Service and we may charge your credit card for any such payment(s). We may, in our discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. Your credit card will only be charged after we have verified your card details, received credit authorisation and confirmed product availability. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information.
All prices include VAT (where applicable) at the current rates but exclude any delivery charges for goods, which are stated when you place your order (as these may vary depending on delivery option and location).
Methods of Payment. BiBC accepts the following forms of payment for online purchases: Visa, Visa Delta, Visa Electron, MasterCard, Maestro, Solo
Right to Change Prices. We may change any prices for products within the Service at any time. Although we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of any goods or services you have ordered we will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you it will treat the order as cancelled.
Electronic Contracts. 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. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that we shall not be responsible or liable to you for the products or services purchased.
Cancellation. You have the right to cancel purchases made online of physical goods, such as shirts. However, any electronic products purchased from our Website or any items purchased within the Service (Tracks, Track Packs, gift certificates…etc.) are not cancellable or refundable once delivered. If you are a member of the Subscription Service and wish to cancel, you may do so at any time but your cancellation will not take effect until the following month’s billing cycle. Please see below under the Subscription Features for the consequences of cancellation of your subscription.
8. TERMINATION
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you and any third party for any termination of your access to the Website/Services.
9. LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
10. INTERNATIONAL USE
You agree to comply with all laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use and conduct of the Internet.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source code connected with the Website and the Service) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
11.2 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such content via the Services. The licence shall be terminated when such content is deleted from the Services.
12. INDEMNITY
You agree to indemnify and hold us harmless from and against any breach by you of any of these Terms and Conditions and any claim or demand brought against us by any third party arising out of your use of the Services and//or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including any reasonable legal costs and expenses) however suffered or incurred by us in consequence of your breach of these Terms and Conditions.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
13.1 Use of the Website/Service is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfaction quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
13.2 To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
13.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Services in the year in which the liability arose.
13.4 We make no warranty that defects in the Website/Services will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
13.5 Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence or fraudulent misrepresentation.
13.6 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
14. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
15. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
*SUBSCRIPTION FEATURES
We offer certain features that are available only to members of the Subscription Service. In the event you choose to subscribe, your use of the Subscription Service will be subject, in addition to all the other terms of this Agreement, to the terms described in this Addendum. The Subscription Service is a subscription service that you must pay to join, and you will be charged on a monthly recurring basis for your continued membership. If we make any changes to these terms and conditions that you do not wish to accept, your only remedy is to terminate your subscription membership.
Right to Change Subscription Fees. All subscription fees are subject to change upon notice from us. If you do not accept the new fees, you should terminate (or downgrade) your subscription immediately.
Cancellation To receive information on how to cancel your subscription, please visit www.audiolounge.com/support, select the Help form and choose Cancellation from the options available. If you cancel your subscription, we will not refund any remaining portion of your subscription fees. Cancellation will take effect at the end of the billing period during which you deliver notice to us. Please note that, following cancellation of your subscription, any Downloads that you have saved to the hard drives of your personal computers or Downloads that have been made available for transfer to compatible portable devices will become inactive and will not play. If you later renew your Subscription Service, you can reactivate all files made previously inaccessible. If you do not plan to become a Subscription Service member again or otherwise wish to remove the inactive files, you may delete them.
Customer Support. Please direct any questions concerning the Client, the Service, billing and/or Usage Rules to a www.audiolounge.com customer service representative by visiting www.audiolounge.com/support and using the Help Request form.
BiBC Ltd, 177 Arundel Court, Arundel Street, Sheffield, S1 2NU VAT number: 842739408 Business registration number: 5054432
June 1, 2008