1. Introduction
1.1 These are the terms and conditions (the "Terms") of Media Service Provider Limited trading as Playlouder.com ("Playlouder" or "us") for our provision of our online services. These Terms incorporate and must be read in conjunction with the information, instructions and service description on our website www.playlouder.com (the "Website") which together with these Terms comprises the legal contract between you and Playlouder. Every use of the word "Terms" in this document includes reference to the relevant pages on our Website. By accessing or using the Website, you accept and agree to these Terms (which include our Privacy Policy) and you agree that your use of the Website is subject to these Terms. If you do not agree to all of these Terms, you may not use the Website.
1.2 We may make changes to these Terms from time to time, which will be effective when posted on this Website. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Website regularly for any updates. Your continued use of this Website following the posting of changes will mean you accept those changes.
1.3 You can print and save a copy of these Terms by clicking here.
2. The Services
2.1 The "Services" means all of our online services, as more particularly described on the Website.
2.2 The Services include interactive networking and community services, which allow users to set up personal profiles ("Profiles") and communicate with each other, share photos and other materials and post messages, blogs and comments ("Member Services"). To access and use the Member Services, you will need to set up a Profile.
2.3 To set up your Profile, you will need to complete a registration process by providing certain information (including your name and email address) and registering a username and password. You must provide truthful and accurate information when setting up your Profile. The decision to register a password is in our discretion and we may revoke your password at any time.
2.4 Profiles are available on the Website for registered users and other visitors to view, including your username and any photos and other materials and content that you add to your Profile.
2.5 You can update your Profile at any time by accessing your Profile page via the Website.
2.6 The Services require a compatible terminal or device and internet access and (in some cases) particular software. Please note that the Services may be affected by the performance of your hardware, software and internet access.
2.7 We will use our reasonable endeavours to provide the Services on a 24 hour basis, but we will sometimes have to carry out routine maintenance, repair faults, install upgrades, and reconfigure the servers. The Services may be suspended for a short time as a result, but we will do all we can to keep these suspensions to a minimum. You agree that such suspensions are necessary and acceptable.
2.8 There may also be occasions when the Services are interrupted for reasons beyond our control, such as for example the failure of internet root servers, and you agree that we cannot be liable for such interruptions.
2.9 If you believe there is any fault in the Services that is not due to a suspension or interruption described above please let us know via the helpdesk number: 0845 868 9143. We will try to correct all faults as soon as possible. You may also access technical support via the Contact Us form on the website.
2.10 You are responsible for keeping your password confidential, and for all activities carried out under your password or username, and for any use of this Website by you or anybody else using your password, whether or not authorised by you.
2.11 You must immediately tell us if you find out about any unauthorised use of your password or Profile or any other breach of security.
2.12 We do not take responsibility for any loss or damage which is caused by the use of your username or password contrary to these Terms. You may not use another person's Profile at any time without the express permission of the creator of the Profile.
2.13 Please see our Privacy Policy for further explanation as to how we use the information we collect from you.
3. Age Requirements
3.1 The Services are available only for people aged 14 or older. If you are aged 14 to 17, you should read these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.
3.2 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 the Website or Services should supervise their access and use. By allowing your child access to the Website you are allowing your child access to all of the Services. It is your responsibility to decide which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
3.3 Access to certain content may carry additional age restrictions. Where an additional restriction applies you will be asked to confirm that you are old enough to access the content.
4. Your Obligations
4.1 You agree that:
4.1.1 you will keep your password and other security information safe at all times;
4.1.2 you will be responsible for obtaining and/or maintaining and paying for all necessary computer equipment, software and communication lines necessary to enable you to access the Services; and
4.1.3 you will use the Services for personal and domestic use only.
4.2 You agree to use the Services responsibly and at all times in accordance with the Terms. In particular (but without limitation), you agree that you will not (and will not allow others to) use the Services:
4.2.1 for any purpose that is illegal, fraudulent or criminal;
4.2.2 to act in any way that would damage, disable, overburden, or impair this Website or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
4.2.3 to exploit any information or other material obtained on or through the Website or by means of the Services for commercial purposes;
4.2.4 to do any act which infringes the copyright, trade mark or other intellectual property right or rights of privacy, rights of publicity or any other right of any other person or organisation;
4.2.5 to create, make available or transmit any virus, worm, Trojan horse, or other harmful or destructive software;
4.2.6 to send unsolicited emails or to collect and/or use personal data and/or passwords without authorisation or otherwise invade the privacy of others;
4.2.7 to tamper with routing or domain name services in order to spoof other computer networks or users;
4.2.8 to compromise or circumvent the security system or any data relating to the Services or our servers or network;
4.2.9 in any manner which interferes unreasonably with the use of the Services by other users;
4.2.10 to impersonate any person or entity or misrepresent your affiliation with any other person or entity; or
4.2.11 to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to the Website.
4.3 You further agree that you will not:
4.3.1 circumvent or attempt to circumvent or encourage the circumvention of any technological protection measures which have been applied to content available through the Services; or
4.3.2 remove or alter or attempt to remove or alter or encourage the removal or alteration of any electronic rights management information that has been applied to content available through the Services.
5. Content Provided by You
5.1 Some of the Member Services allow you to upload or otherwise provide content to us. You can also add certain content to your Profile.
5.2 All content that you provide, including for example all text, graphics, photos, images, music, audio and audio visual material, software and all information accompanying the same is referred to in these Terms as "User Content".
5.3 By uploading, sending or otherwise making available User Content to us, you are authorising us, and granting us a royalty-free non-exclusive licence to:
5.3.1 host the User Content on our servers;
5.3.2 index the User Content; and
5.3.3 modify, display, reproduce, make available, distribute and otherwise communicate the User Content to the public, in whole or in part throughout the world
in order to exploit the User Content on the Website and in connection with the Services.
5.4 You may remove any of your User Content from your Profile at any time by accessing your Profile and electing to delete the User Content. The licence granted by you to us in respect of your User Content will terminate when the User Content is removed from your Profile. However, you will not be able to remove User Content which is posted to another user's Profile, and we shall have the right to host and make available such content together with any text content that you have provided to us on the Website in perpetuity in accordance with paragraph 5.3 above (except for any text that includes your contact or other personal details, but including your name).
5.5 We may include links in and around your User Content and display advertisements within, around or in connection with your User Content posted on the Website. As between you and us, you will retain ownership of your User Content at all times subject to the rights you grant to us as set out above.
5.6 We are not required to make available or otherwise use any User Content provided to us. We are not responsible for any loss, theft, rights infringement or damage of any kind to your User Content and you take sole responsibility for the User Content that you provide to us.
5.7 You must not provide or transmit via the Services any User Content that:
5.7.1 is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;
5.7.2 harasses or promotes or enables harassment of another person;
5.7.3 involves, promotes, enables or facilitates the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
5.7.4 comprises or promotes information that you know to be false or misleading (in terms of indication of origin and statements of fact) or that is indecent or defamatory;
5.7.5 involves, promotes, enables or facilitates illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
5.7.6 infringes any rights of any third party (such as images of well known characters, pictures, music, commercial recordings) or which results in the disclosure of personal or confidential information of another person;
5.7.7 comprises, promotes, enables or facilitates an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
5.7.8 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
5.7.9 contains a virus or other harmful component;
5.7.10 comprises, promotes, enables or facilitates access to material that exploits people in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
5.7.11 comprises, promotes, enables or facilitates access to instructional information about illegal activities such as making or buying illegal weapons, breaching someone's privacy, or providing or creating computer viruses;
5.7.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
5.7.13 involves, promotes, enables or facilitates commercial activities and/or sales without our prior written consent such as auctions, contests, sweepstakes, barter, advertising, or pyramid schemes.
5.8 You are solely responsible for ensuring that you hold and will continue to hold all of the rights that you need to have in order to transmit User Content to us and to grant to us the rights granted in these Terms.
5.9 By providing User Content to us, you agree that:
5.9.1 you are at least 14 years of age; and
5.9.2 all of the information provided by you is correct and current.
5.10 You also agree that the User Content and the rights granted to us under these Terms do not and will not violate any applicable law, statute or regulation and do not and will not breach any duty toward or rights of any person or entity including, for example, intellectual property rights, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.
5.11 We respect your confidentiality, but you also acknowledge and accept that we have the right if necessary to inspect the User Content that you upload, post and/or transmit through the Services to ensure your compliance with these Terms and any applicable laws, regulations or codes of practice and to remove, edit and suspend any User Content that we consider in our absolute discretion to be inappropriate. We reserve the right to provide copies of your User Content and/or to disclose your identity to the relevant authorities if we are required to do so by law. You also accept however, that we have no obligation to monitor any of your User Content and our right to do so should not in any way be regarded as a substitute for your obligations under these Terms.
5.12 Messages and blogs posted on the Website express only the views of the author and we are not responsible for the content of any message. Although the administrators and moderators of the Website will attempt to keep all objectionable messages off the Website, it is impossible for us to review all messages.
5.13 We strongly advise you not to post or communicate your contact or other personal details on or via the Website.
6. Intellectual Property
6.1 The Services contain and allow you to access copyright material, trade marks and other proprietary material and information, for example: text, software, photographs, graphics, music, sound recordings, and video. All this material is protected by copyright and/or other rights which are owned by us or our licensees.
6.2 You agree that you must not use, copy, publish, redistribute, re-transmit, make available, sell, rent or otherwise share this material or reproduce or modify any part of this material or the Website, the Services or their source HTML code in any form or by any means except for the sole purpose of viewing the Website and using the Services as permitted.
7. Software Licence
7.1 Software used to provide the Services ("Software") is owned by or licensed to us or our software suppliers. We grant to you the non-exclusive and non-transferable right to use the Software for the sole purpose of enabling you to use the Services. You agree that all rights to the Software shall remain with us or our licensors.
7.2 You agree not to make any use of the Software except as we expressly allow under these Terms. In particular, you agree not to:
7.2.1 make available, sell, transmit or otherwise distribute copies of our Software to third parties;
7.2.2 use the Software to transmit User Content to anyone other than Playlouder (for further information see below);
7.2.3 use the Software to transmit any content other than the User Content to Playlouder or to anyone else;
7.2.4 modify, adapt, translate or reverse engineer any part of the Software;
7.2.5 attempt to breach any security mechanisms or otherwise interfere with the Software or to access, tamper with or use any parts of the Software to which access is not authorised;
7.2.6 use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose;
7.2.7 use the Software for any commercial purpose; or
7.2.8 copy the Software except for the purposes of backup.
8. Exclusion of Warranty and Limitation of Liability
8.1 Through this Website, you will be provided with services that may include information, editorial content, links to other websites and other services and content that Playlouder may decide to offer, subject to the terms hereof. Playlouder may, in its sole discretion, discontinue or alter all or any aspect of the Website or Services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Services, at any time in our sole discretion and without prior notice or liability.
8.2 Playlouder intends to provide as part of the Services the most current information available and Playlouder will make reasonable efforts to ensure that the information is updated on a regular basis. However, we make no guarantee whatsoever that the information posted is accurate or timely.
8.3 You acknowledge and agree that your use of this Website, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorised parties.
8.4 You assume responsibility for the entire cost of all maintenance, repair or correction to your computer system or other property. 8.5 The Website provides links to websites maintained by third parties ("Third Party Sites") and we may from time to time provide third party materials on this Website. NEITHER PLAYLOUDER, ITS PARENT OR SUBSIDIARY COMPANIES NOR THEIR RESPECTIVE AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
8.6 THE SERVICES, MATERIALS AND PRODUCTS AVAILABLE ON OR THROUGH THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLAYLOUDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. PLAYLOUDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THIS WEBSITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLAYLOUDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS WEBSITE OR IN THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
8.7 NEITHER PLAYLOUDER, NOR ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE IN ANY CIRCUMSTANCES FOR ANY ECONOMIC LOSS (FOR EXAMPLE LOSS OF INCOME OR BUSINESS) OR ANY DIRECT OR INDIRECT LOSS OF GOODWILL OR REPUTATION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES (INCLUDING BUT NOT LIMITED TO DELETION OR LOSS OF FILES OR DATA, OR DEFECTS OR DELAYS IN TRANSMISSION), OR FOR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION SUCH LOSS OR DAMAGES WHICH RESULT OR MAY RESULT FROM YOUR USE OF THE SERVICES OR THE WEBSITE, OR CONNECTED WITH THE USE, DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY FAILURE OF OUR SERVER OR THE INTERNET OR YOUR ACCESS TO THE INTERNET OR USE THEREOF, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED ON OR THROUGH THIS WEBSITE OR OUR REMOVAL OR DELETION OF ANY SERVICES OR MATERIALS ON THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE OR ANY OF OUR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY LOSSES, DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY SERVICE OR INFORMATION ON OR CONNECTED WITH THE WEBSITE.
8.8 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.9 This section does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.
9. Indemnity
9.1 You agree to indemnify, defend and hold us and our parent and subsidiary companies and our respective directors, officers, licensors, licensees and consultants, as well as our licensees and suppliers ("Indemnified Parties") harmless from and against any and all costs, expenses, losses and damages resulting from any and all allegations, claims, causes of action, judgements, liabilities, obligations, penalties, and awards of interest (including the reasonable fees and expenses of solicitors) that may arise directly or indirectly out of your use of the Website and/or the Services, including without limitation those arising out of:
9.2 any misrepresentation, act or omission made by you in connection with your use of this Website;
9.3 any non-compliance by you with these Terms; or
9.4 claims brought by third parties arising from or related to your access or use of this Website, including without limitation the information made available by you to this Website.
10. Termination
10.1 We may, in our sole discretion, remove your Profile, or terminate your password or your use of this Website without notice if you are in breach of these Terms or if Playlouder believes in our absolute discretion that your User Content or your use of the Service or the Software is unsuitable.
10.2 Termination, suspension or cancellation of your access rights will not affect any other right or relief to which we may be entitled, at law or in equity.
10.3 On termination, all rights granted to you under these Terms will automatically terminate and immediately revert to Playlouder and its licensors.
11. Miscellaneous
11.1 These Terms constitute the entire agreement between you and us relating to the Services and supersede all previous promises, agreements, communications and representations between you and us (except fraudulent or negligent misrepresentations) and all past course of dealing and industry customs.
11.2 If at any time we do not enforce any of these Terms that failure to enforce shall not be deemed to be a waiver of our rights under these Terms nor will it in any way affect the validity of the whole or any part of these Terms nor will it prejudice our right to take subsequent action.
11.3 No waiver of any provision or any right granted hereunder will be effective unless set out in a written instrument signed by the waiving party.
11.4 The headings of the paragraphs of these Terms are for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of these Terms.
11.5 In the event that any part of these Terms shall be found by any competent authority to be invalid, unlawful or unenforceable to any extent, that part shall to that extent be severed and the remaining Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
11.6 Neither of us intends that any term of these Terms shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms except any of the Indemnified Parties.
11.7 We make no warranty or guarantee that the Services or information available through the Services complies with the laws of any jurisdiction other than England.
11.8 Nothing in these Terms will deprive you of any of your statutory rights (save as lawfully excluded under these Terms).
11.9 You acknowledge and agree that the warranties, disclaimers and limitations in these Terms are material terms and that they have been taken into account in the decision by Playlouder to provide this Website and Services hereunder.
11.10 You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Playlouder. Any such assignment shall be invalid without such consent.
11.11 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
11.12 English law shall apply to these Terms, regardless of the jurisdiction in which you are based. You agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise and for these purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
12. Further Information
You should send any questions regarding these Terms or requests for further information to:
The Legal Officer, Media Service Provider Limited, 8-10 Rhoda Street, London, E2 7EF
Email: via the Contact Us form on the website
