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Website Terms of use

Terms & Conditions of the use of the websongs website

Date of Last Revision: [10.Dec.2007]

1.Introduction

1.1 This website, www.websongs.com (referred to herein as the "Website") is operated by websongs Limited (registered in England number 05810487) (referred to herein as the "Company", "websongs", "us", "our" and/or "we"). These terms and conditions of use (referred to herein as the "Terms of Use") govern the user's (referred to herein as "you" and/or "your") use of our Website.

1.2 You do not need to register an account on the Website in order to view the information on the Website, however, you are required to register an account with websongs if you wish to make full use of the Website Services and fully interact with the Website and other users.

1.3 These Terms of Use constitute and agreement between you and the Company and set out the legally binding terms for your use of the Website and detail your legal rights and remedies, and how you may use the Website. Please read these Terms of Use carefully prior to accepting them.

1.4 By using the Website (and in consideration of us making available the Website to you), and/or alternatively, by clicking on "I Accept" during the registration process, you consent to be bound by these Terms of Use in full. If you disagree with any part of these Terms of Use (and/or any future versions of the Terms of Use, as and when the same may be notified to you), and wish to inform us of your disagreement, or would like us to consider any change to these Terms of Use, you must notify us in writing as soon as possible. You should not use or access the Website until you have received our written agreement to any such change, or until you accept that the Company will not consider any such request, but nevertheless you wish to use the Website.

2. About this Website

websongs offers users of the Website an online music resource, which you may use to search for other people's songs or recordings and/or (subject always to your first registering as a registered user of the Website) list your songs and/or recordings, register a copyright work and/or join the Company's professional service ("websongs Pro"), and/or use such further applications or features to the Website that we may from time to time offer (such uses being referred to jointly and severally herein as the "Website Service(s)").

3. Eligibility to use our Website

You must be over 13 years of age to use this Website or register an account with the Company. If you are aged between 13 and 17, you must ask for parental permission before registering on the Website. On registration of your account, you warrant that you are 13 years or older and that you have the capacity to understand, agree to and comply with these Terms of Use. You also warrant that any information provided to the Company via the Website is true and accurate.

4. Account Registration

4.1 To fully access and use the Website Services provided on the Website, you must register an account profile with us. The information which you provide in our registration process is subject to the terms and conditions of our Privacy Policy, which is hereby incorporated by this reference into these Terms of Use. It is your responsibility to review our Privacy Policy before you accept to these Terms of Use, and you may view the Privacy Policy by clicking here www.websongs.com/pages/privacy.

4.2 You warrant that all information you provide to us when registering an account is true and accurate (including but not limited to any information supplied by you in respect of your ownership of a song or recording). It is your responsibility to keep your account profile up to date.

4.3 We reserve the right to suspend or delete your account at our sole discretion at any time.

5. Intellectual Property Rights

5.1 Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and such material on the Website that has been created by or for us (referred to herein as our "Intellectual Property Rights"), but not the copyright in the songs or recordings listed on our Website. We hereby reserve all of our rights in respect of our Intellectual Property Rights.

5.2 "websongs" is a trade mark of the Company and we reserve all of our rights in respect of the mark (Registered in England NO: 2132753).

6. Licence to use our Website

6.1 By accepting these Terms of Use you accept that we are providing this Website to you and the public in general on an 'as is' basis, and we make no representations to you nor anyone else as to the quality of the Website and/or the Website Services and/or to the accuracy of the song and/or recording data held on the Website, nor as to the accessibility of the Website. We may terminate this licence at any time without notifying you and without any liability towards us.

6.2 You accept that when using the Website Services, information you upload onto your pages maybe visible to other users of the Website and the public in general.

6.3 You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions below.

6.4 You may not:

6.4.1 Republish any code, images or other material from this Website (including republication on another website) which we own or control;

6.4.2 Sell, rent or otherwise sub-license any code, images or other material on the Website which we own or control;

6.4.3 Reproduce, duplicate, copy or otherwise exploit any song(s), composition(s), [master] recording(s), code, images or other material on our Website (other than those which are owned by you or in respect of which you have the necessary rights) for a commercial purpose;

6.4.4 Edit or otherwise modify any song(s), composition(s), [master] recording(s), code, images or other material on the Website (other than those which are owned by you or in respect of which you have the necessary rights), unless authorised by us in writing beforehand.

7. Charges

7.1 There is no charge to use the websongs Website, other than in respect of the following:

7.1.2 websongs charges £1 by way of an admin fee for each copyright registration, and upon receipt of such payment websongs shall issue via e-mail a websongs Copyright Registration Certificate. This charge shall pay for an initial Copyright Registration term of 10 years, during which term you shall also have the right to download further copies of any such certificate from the Website.

If you wish to join the websongs Pro subscription service, which will mean that your contact details will be available to all other websongs Pro users, and in addition their contact details will be available to you, the charge will be £10 per annum. websongs will upgrade you to a websongs Pro user on receipt of such subscription.

8. Limitations of liability

8.1 The information provided on the Website and/or by the Website Services is provided free-of-charge to you, and is largely supplied by third parties, and we make no representations as to the accuracy and / or quality of the information provided to you on the Website.

8.2 Whilst we reasonably endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.

8.3 We are not responsible for any misuse of information uploaded by you onto the Website.

8.4 To the maximum extent permitted by all applicable laws we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

8.5 Our liability is limited and excluded to the maximum extent permitted under all applicable laws. We will not be liable for any direct or indirect loss or damage arising under these Terms of Use or in connection with your use of the Website or the Website Services, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, you accept we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our Website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

8.6 However, nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused directly by our negligence

9. Access to websongs

9.1 We reserve the right to restrict access to areas of our Website, or indeed the entire Website, at our discretion.

9.2 If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services, you must ensure that your user ID and password is kept confidential. You accept responsibility for keeping these details secure and confidential and for all submissions made to us/activities on the Website that are submitted using your user ID and/or password.

10. Your Content licence to us

10.1 Save in respect of third party uses of your copyright works, which will only take place with your prior consent, on terms to be agreed between you and us, and in consideration of our allowing your use of the Website, you hereby grant to us in respect of the Website a non-exclusive, world-wide, sub-licensable, royalty free licence to use, modify, display, host and make available to the public any material (e.g. text, photos, images, music, video, film, data, messages, emails, postings) which you post or upload into the Website (the "Content") on our Website (and/or in relation to the marketing and/or promotion of our Website.

10.2 You warrant to us that you own all the worldwide intellectual property rights in the Content, or that you have obtained permission from the Content owner and all relevant clearances to post or upload the Content onto the Website.

10.3 We reserve the right to remove any Content which you post or upload at any time at our sole discretion, and without any liability to you whatsoever.

11. Acceptable Use Policy

You warrant and accept that when using the Website and the Website Services you will not:

11.1 use the Website or the Website Services in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website (e.g. such as using spyware, spybots, Trojan horses or other similar software on the Website).

11.2 use the Website or the Website Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

11.3 use the Website or the Website Services for any purposes related to marketing without our express written consent.

11.4 use the Website or the Website Services or any information available on or through the Website or the Website Services to copy, publish or send mass mailings or spam to any of the Website's registered users or for any other commercial use which is not specifically endorsed or approved by us.

11.5 use the Website or the Website Services to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law.

11.6 publish, upload or send on or via the Website or the Website Services any material or Content which is defamatory, obscene, indecent, of a sexual nature, hateful, discriminatory or inflammatory.

11.7 publish, upload or send on or via the Website or the Website Services any material or Information which infringes any person's intellectual property rights or rights of confidentiality, or which infringes upon any person's privacy, or constitutes an incitement to commit a crime;

11.8 post or upload any material or Content on the Website or Website Services which is misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

We reserve the right to edit or remove any material posted or uploaded upon the Website without notice or any liability towards you, including but not limited to songs and/or recordings.

We may take such action as we deem appropriate to deal with the posting of Content that we at our sole discretion deem unsuitable, including suspending or cancelling your account, restricting your access to the Website, or commencing legal proceedings against you.

12. Variations

We may change or add to these Terms of Use from time-to-time for security, legal or our own regulatory reasons and we shall send you an email notification when we do change or add to these Terms of Use.

13. Notice and Take Down Procedure

In the event that you believe that your intellectual property or other rights are being infringed in any way through the Website, please email admin@websongs.com, providing a description of the material which you believe is infringing, your own contact details and a statement as to why you believe the material is infringing your rights.

We reserve the right to permanently or temporarily remove any Content on the Website which infringes or potentially infringes a third party's rights.

14. Compensation

You agree to fully compensate us against any losses that we may be caused by your breach of these Terms of Use or arising out of your use of the Website, including for the avoidance of doubt, any costs we incur in any disputes, claims or liabilities.

15. Entire agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.

16. Law and jurisdiction

This notice will be exclusively governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

17. Privacy Policy

Your use of the Website is governed by our Privacy Policy which is incorporated into these Terms of Use by reference. You may view our Privacy Policy at any time by clicking on: www.websongs.com/pages/privacy.

18. Disputes between you and us

In the event that there is a dispute between you and us, you agree to submit such disputes to mediation under the Alternative Dispute Resolution Group http://www.adrgroup.co.uk/.

19. Disputes between members

Whilst we do not monitor any private communications between you and other members of the Website, we reserve the right to when, in our sole discretion, we deem it appropriate. You are solely responsible for your communications with other members.

20. Registrations and authorisations

We are registered under the Data Protection Act (Registration Number: [xxxxxxxx] as a data controller. Our company is a private limited company; our company registration number is 05810487.

21. Contact

You may contact us in writing by emailing us at info@websongs.com . Our usual place of business is websongs Limited, 3-4a Little Portland Street, London, W1W 7JB, UK.

I have read the websongs Limited terms and conditions and Privacy Policy and by clicking on the box next to the words "Accept websongs terms and conditions" when I register, I agree to be bound by them.