Blooter

September 08, 2010
:

Terms and Conditions

Last updated 23 June 2006

Please note the provisions of these Terms and Conditions contain clauses which exclude or limit our liability and which grant us a right of indemnity against you in specific situations.  In particular your attention is drawn to clause 8 and 13.
 
1. COMPANY DETAILS
 
All correspondence shall be given to us by:

Post to:         22nd Century Music and Art Enterprises Limited
                     60 Commercial Road
                     Kingston-upon-Hull
                     East Yorkshire
                     HU1 2SG
   
E-mail to:      [     help@blooter.com     ]

Telephone:  [        0771 3482885        ]

Fax:             [        01482 325479        ]

and to you at either the e-mail or postal address you provide during the registration or subscription process.  Notice will be deemed received 24 hours after e-mail is sent or 3 days after date of posting.

2. INTRODUCTION

2.1 Please read these terms and conditions ('the Terms') carefully before subscribing or registering with the site operated by 22nd Century Music and Art Enterprises Limited registered in England and Wales with Company Number 5218487 ('we', 'us', or 'our') trading as Blooter to be found at www.blooter.com ('the Site').  By subscribing to, registering with, accessing or using the Site you (meaning yourself and any company or other entity or business for whom you work or otherwise represent) agree to be legally bound by these Terms as they may be modified and posted on the Site from time to time.

2.2 If you do not agree to the Terms (or are not authorised to do so) you should not register, subscribe or access the Site.

3. FEATURES OF THE SITE

3.1 This Site includes on-line information and data relating to the provision of music and other related products by registered or subscribed users.  These Terms authorise you to:

3.1.1 Upload, input or submit to the Site digital sound recordings ('Tracks') for sale to and purchase by other registered or subscribed users of the Site in strict accordance with these Terms; and/or

3.1.2 Purchase and download digital sound recordings ('Sounds') from the Site for your own personal use and, for the avoidance of doubt, not for any commercial purpose, aim or end whatsoever;

3.2 In accessing this Site you agree not to:

3.2.1 impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;

3.2.2 make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (such as names and addresses), without their prior consent or which would otherwise infringe any persons rights;

3.2.3 damage, interfere or disrupt access to the Site or do anything which may disrupt or impair its functionality;

3.2.4 publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, abusive, indecent, untrue, inaccurate, misleading or other unlawful or objectionable material which is in breach of any applicable laws, rules, regulations, or market conventions;

3.2.5 threaten, harass, stalk, abuse, disrupt or otherwise violate rights (including rights of privacy and publicity) of others;

3.2.6 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, cancel bots, logic bombs or any other harmful software;

3.2.7 obtain or attempt to obtain unauthorised access, through whatever means, to the Site, other services or computer systems or areas of our or any of our partner's networks; and

3.2.8 set up links from any website controlled by you to any part of the Site without our express written permission.

4. YOUR LICENCE TO US

4.1 If you have uploaded, inputted or submitted Tracks to the Site we do not claim, hold or retain any rights in or ownership of the Tracks you make available to us.  Nonetheless, you agree to grant to us a royalty free licence to use and exploit the Tracks, including the right to:

4.1.1 use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, sub-licence or reformat the Tracks;

4.1.2 to advertise your name in relation to the Tracks; and

4.1.3 the authority to use your name in relation to the use and exploitation of the Tracks.

4.2 We are under no duty or obligation to host or post on the Site, use or exploit the Tracks on the Site and may remove such Tracks at any time in our sole discretion.

4.3 You represent and warrant that you own the Tracks with full title guarantee or have the necessary permissions to act for and on behalf of such person(s), including the intellectual property rights that subsist in the Tracks, and to grant us the licence set out above.

4.4 No damages or compensation will be due, rewarded or paid to you concerning our or our sub-licensee?s use and exploitation of the Tracks as licensed above.

5. RESTRICTIONS ON YOUR USE OF SOUNDS OR OTHER CONTENT

5.1 The Sounds and other material, information and content ('the Content') are protected by international copyright, database right and other intellectual property rights licensed to us or third party licensors.  All product and company names and logos mentioned on Site may be trade marks, service marks or trading names of their respective owners including us.

5.2 Except in the case of the Tracks, content and information you have placed on the Site, you may not do any of the following without our prior written consent, or the prior written consent of the owner of the intellectual property rights if different:

5.2.1 download, display, or store any of the Sounds or other Content otherwise than as permitted by these Terms;

5.2.2 modify, reproduce, transmit, publish, display, copy, distribute, broadcast, adapt, create derivative works of or in any way commercially exploit any of the Sounds or other Content;

5.2.3 sub-license, rent, lease, transfer or attempt to assign the rights in the Sounds or other Content to any other person, make the materials available on a network, use the information in any matter, or transfer or export the Sounds or other Content or any copies into any country, other than in compliance with these Terms and with the applicable laws or allow any other person to use the information other than in accordance with these Terms;

5.2.4 redistribute any of the Sounds or other Content (including using it as part of any library, archive or similar service);

5.2.5 remove the copyright or trade mark notice(s) (if any) from any downloads of the Sounds or other Content permitted in accordance with these Terms;

5.2.6 systematically or regularly download, store or print any content of the Site so as to create a database in electronic or paper form; and

5.2.7 deep link to, frame, spider, harvest or scrape the Site or otherwise access the Site for similar purposes.

6. APPLICABILITY OF ONLINE MATERIALS

6.1 The Site is controlled and operated by us from our offices in England.  We make no representations that the Site, Tracks or Sounds are appropriate or available for use in other locations.

6.2 You agree to abide by all applicable laws, regulations and codes of conduct in relation to your use of the Site.

7. MODIFICATIONS TO SITE OR ACCESS

7.1 We reserve the absolute right to alter, suspend, withdraw or discontinue without notice any aspect of the Site or the information including your access to it.  Unless explicitly stated any new features or information on the Site shall be subject to these Terms.

8. INDEMNITY

8.1 You agree to indemnify and hold us or any of our officers, employees and agents harmless from and against all liabilities, costs, damages, claims or expenses which we incur or suffer as a result of any breach or non-observance by you of any of these Terms or any use you make of the Site, and its associated services, including, without limitation, your uploading and/or downloading of any Tracks or Sounds and/or information on the Site or any message transmitted by you on the Site.

9. SUBSCRIPTION

9.1 To access some of the features on the Site ('Subscription Services') you will need to become a registered subscriber.  All applications are subject to our acceptance.

9.2 To register, you will be required to complete the registration pages on Site, enter a e-mail address and choose a password.  You will have to submit your e-mail address and password each time you enter the Site.  You must ensure that any information you provide as part of the subscription process or registration process is accurate and complete and that its provision and content does not contravene any applicable law or any third party rights.  It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.

9.3 When you register to use the Site you will be obliged to click on an icon indicating that you have read, understood and accepted these Terms.  You will not be allowed to register unless you indicate your acceptance of these Terms and any other terms and conditions that may apply.

9.4 We will treat any information you provide in order to register yourself as a user with confidence.  However, we do not give any warranties as to the security of the Site and all information you supply to us is supplied at your own risk and subject to these Terms as amended from time to time.

9.5 Registration is for a single user only, unless we agree otherwise in writing.

9.6 If you provide us with an e-mail address that will result in e-mails or SMS messages that we send to you being sent via a computer or telephone network operated or owned by a third party then you warrant that you are entitled to receive those messages.  You acknowledge that we may refrain from sending you such messages even if you have subscribed to receive them, if we receive a request from a third party to stop sending e-mails to you.

9.7 We allow you access to the Subscription Service on the basis that:

9.7.1 your user name and password are personal to you and may not be used by anyone else;

9.7.2 you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Site;

9.7.3 you do not maliciously create additional usernames for the purpose of abusing the functionality of the Site, or other users; nor do you seek to pass yourself off as another user by adopting a similar user name; and

 9.7.4 you comply with these Terms.

9.8 If, for any reason, we believe that you have not complied with these requirements or any other provision of these Terms, we may, at our discretion, cancel your access to the Subscription Services.  If we wish to terminate your registration we will do so by e-mailing you at the address you have registered stating that your registration has been terminated.  Your username and password will become invalid immediately.

9.9 You agree to pay any subscription fees at the rates in effect when the charges are incurred.

9.10 You must provide us with complete and accurate payment information.  You can pay by either credit card or debit card.  By submitting credit or debit card payment details to us you warrant that you are entitled to purchase the subscription using those payment details.  If we do not receive authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your subscription.

9.11 We will try to process your subscription promptly but do not guarantee that the Subscription Services will be available to you by any specified time.  A contract with you for the receipt of the Subscription Services will come into effect when we send you an e-mail message confirming your subscription details and not before.

9.12 Unless otherwise agreed in writing, we will charge in British Pounds Sterling irrespective of the service and your country of residence.  You will also have to pay any applicable local taxes.

9.13 The subscription prices are set out on the pages which contain the choice of Subscription Service you can access [CLICK HERE TO ACCESS THESE].  We will notify you in advance of any price increases.  If we give you a free trial, you will only be charged for your subscription with effect from the expiry of that free trial period.  Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.  Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing the Site in the same way you pay for telephone calls.

9.14 When you subscribe we may give you a free trial.  You may cancel your subscription at any time during any trial period by e-mailing [help@blooter.com].

9.15 Following the expiry of any trial period or if you have not received a free trial prior to subscription, you may cancel your subscription at any time by e-mailing [help@blooter.com].  We will refund you on a pro rata basis.  This means that we will refund you or credit your account with any amounts you have paid us in advance in relation to any remaining period of your subscription less a £ [1.00] administration charge and any banking costs that we incur in making the refund.  Any cancellation will be effective once we receive notice of it.

10. LINKED SITES

10.1 We may provide hypertext links to sites on the Internet which are operated by independent third parties ('Third Party Sites') who we believe offer services and/or products which complement those offered by us.  You acknowledge that we have no control over and are not responsible for the content or availability of any Third Party Site and give no warranty and make no representations in respect of this.  Furthermore, we give no warranty and make no representations whatsoever about or in respect of any goods purchased or obtained from or offered to you through such sites.  If you do purchase any goods or services from a Third Party Site then your contact for such goods or services will be with the third party and not with us.

10.2  In addition, a link to any Third Party Site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site.  You acknowledge that we do not examine or edit the contents of any Third Party Site.  We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Third Party Site.  Any concerns regarding any external link to any third party site should be directed to the operator of that site.

10.3 The Site may also contain advertising and sponsorship.  Advertisers and sponsors are responsible for ensuring that material included for submission on the Site complies with applicable laws, codes and regulations.  We exclude to the fullest extent permitted by law any responsibility for any error, omission or inaccuracy appearing in any advertising or sponsorship material.  Please refer to our data protection terms in our privacy policy [LINK] in relation to the use of cookies and the provision of aggregated information in connection with the targeting of potential advertisers.

11. AVAILABILITY OF THE SITE

11.1 We will endeavour to make the Site available but cannot guarantee that the Site will operate continuously or without interruptions or be error free.  You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other Internet connected advice.  All conditions, warranties or representations, whether express or implied, as to the content, operation or supply of the services provided by the Site are expressly excluded to the fullest extent permissible by law.

12. TERMINATION

12.1 We may terminate the provision of any of the Site or restrict your access to it, either temporarily or permanently, without any prior notice to you where (by way of example and without limitation):

12.1.1 there is a regulatory or statutory change limiting our ability to provide the Site;

12.1.2 any event beyond our reasonable control which prevents us from continuing to provide the Site (for example, without limitation, technical difficulties, capacity problems and communications failures);

12.1.3 we consider in our sole discretion that you are abusing the services provided by the Site or are otherwise acting in breach of these Terms; or

12.1.4 where it is necessary for the maintenance or upkeep of the Site.

13. LIABILITY

13.1 UNLESS EXPRESSLY STATED, WE DO NOT MAKE ANY REPRESENTATIONS NOR GIVE ANY WARRANTIES IN RESPECT OF THE SITE.  TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE HEREBY EXCLUDE ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR DUTIES WHATSOEVER AND HOWSOEVER ARISING (WHETHER EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO THE OWNERSHIP OF INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE SITE AND THE TRACKS, OR THE SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR SERVICE OF, ANY GOODS OR SERVICES REFERRED TO AT ANY TIME ON THE SITE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF CARE OR OF WORKMANLIKE EFFORT.

 TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR YOUR BUSINESS UNDER ANY CIRCUMSTANCES WHATSOEVER (WHETHER IN CONTRACT, NEGLIGENCE OR ANY OTHER TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) FOR ANY LOSS OF PROFITS, INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR FOR INCREASE IN ANY COSTS, LIABILITIES OR EXPENSES OR ANY OTHER LOSS WHATSOEVER AND HOWSOEVER ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH OR RELATING TO THE SITE AND WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES, COSTS, EXPENSES OR OTHER LIABILITY WHICH YOU INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE SITE OR THE PROVISION OF THE SUBSCRIPTION SERVICES (AS DEFINED IN CLAUSE 9).

 YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER SYSTEM MEETS ALL RELEVANT TECHNICAL SPECIFICATIONS NECESSARY TO USE THE SITE AND IS COMPATIBLE WITH THE SITE.  YOU ALSO UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SITE OR ANY MATERIAL AVAILABLE FOR DOWNLOADING FROM THE SITE OR SENT TO YOU BY E-MAIL WILL BE FREE FROM INFECTION, VIRUSES, WORMS AND/OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.

 WE SHALL TAKE ALL SUCH STEPS AS ARE REASONABLY NECESSARY TO PROVIDE A FAST AND RELIABLE SERVICE, BUT EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY LIABILITY FOR THE SECURITY OF THE SERVICES ON THE SITE OR FOR ANY DISRUPTION OF THE SITE HOWEVER CAUSED, LOSS OF OR CORRUPTION OF MATERIAL WHEN UPLOADED OR DOWNLOADED ONTO ANY COMPUTER SYSTEMS OR LOSS OF OR CORRUPTION OF MATERIAL ON YOUR COMPUTER SYSTEM HOWEVER CAUSED.

13.2 WE SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN THE SITE OF WHICH WE ARE AWARE.

 YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THE SITE (TO THE EXTENT THAT OUR LIABILITY IS NOT EXCLUDED BY THIS CLAUSE 13) IS AS FOLLOWS:

 IF YOU HAVE SUBSCRIBED TO RECEIVE ANY SUBSCRIPTION SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT LOSS YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE SITE.  THIS IS SUBJECT TO A LIMIT EQUAL TO THE ANNUAL FEE PAID BY YOU TO US PURSUANT TO THESE TERMS DURING THE YEAR IN WHICH THE LOSS IS INCURRED.  YOU MAY AT YOUR OPTION RECEIVE SUBSCRIPTION SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.

 IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY SUBSCRIPTION SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN THE SITE, YOUR REMEDY IS LIMITED TO RECEIVING SUBSCRIPTION SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT LOSS YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE SITE.  THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL SUBSCRIPTION FEE FOR THE SERVICES TO WHICH YOUR CLAIM RELATES.  YOU MAY NOT RECEIVE MONETARY DAMAGES.

 IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL SUBSCRIPTION FEE FOR THE SERVICES TO WHICH YOUR CLAIM RELATES.

13.3 WITHOUT LIMITING THE ABOVE, YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR MATTERS BEYOND OUR REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO TELEPHONES, THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER) OR THE INTERNET OR THE ACTS OF THIRD PARTIES.

 NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THE PROVISIONS OF THIS CLAUSE 13, OUR LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY OUR NEGLIGENCE.

 YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK, THAT ANY CONTENT, MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE THROUGH YOUR ACCESS TO AND USE OF THE SITE (INCLUDING THE RECEIPT OF TRACKS BY E-MAIL) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO, OR INFECTION OR CORRUPTION OF, ANY COMPUTER SYSTEM WHATSOEVER OR ANY LOSS OF DATA WHATSOEVER WHICH IN ANY WAY RESULTS FROM THE UPLOADING, DOWNLOADING OR RECEIPT OF SUCH TRACKS CONTENT MATERIAL AND/OR DATA.
 
14. CHOICE OF LAW

14.1 These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably agree that the courts of England shall (subject to clause 14.2 below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms.

14.2 We shall, however, retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms are entered into in the course of your trade or profession, the country of your principle place of business.

15. GENERAL

15.1 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.

15.2 We may assign or subcontract any or all of our rights and obligations under these Terms.

15.3 We may alter these Terms from time to time and post the new version on the Site.  We indicate at the beginning of these Terms the date on which they were last updated.  If you use the Site after we have published such changes you are agreeing to be bound by them.

15.4 If any provision or term or these Terms, or any part of any provision or term, shall become or declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision or part thereof shall be divisible from and be deemed to be deleted from them.  The validity of the remaining terms will be unaffected and they shall remain in full force and effect.

16. INFORMATION MANAGEMENT

16.1 We will use any personal data collected during your use of the Site in accordance with current UK data protection legislation and the data protection notice we provide to you when you give us your personal information.  You should view our privacy policy at [LINK].

17. NOTICES

17.1 All notices shall be given by e-mail [help@blooter.com] or to you at either the e-mail or postal address you provide during the registration process.  Notice will be deemed received 24 hours after e-mail is sent or three days after the date of posting.



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