(2) Licence to use website
Unless otherwise stated, the past, present and future content of the Site and/or App (including without limitation, software graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities; any and all copyright material (including source and object code); and all other materials related to the Site and/or App (the "Content") is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. SMP (and/or our licensors) own the Content. . Other than as expressly permitted in these Terms no rights (whether by implication, estoppel or otherwise) in or to the Content are granted to you.
Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to: use the Site and/or App and to view, download for caching purposes only, and print pages from the Site for your own personal use,.
You must not:
- (a) republish material from this website (including republication on another website);
- (b) sell, rent, lease or sub-license material from the Site and/or the App;
- (c) show any material from the website in public;
- (d) reproduce, duplicate, copy, create a derivative work or otherwise exploit Content on the Site and or App;
- (e) edit, adapt, translate, reverse engine, hack or otherwise modify the Content or any part of the Site and/or App without our prior written authorisation;
- (f) interfere with another user's use and enjoyment of the Site or App or use the Site or App in any other manner that could damage, disable, overburden or impair the Site and/or App; or
- (g) redistribute material from the Site or App, except for Content specifically and expressly made available for redistribution (such as our newsletter).
(3) The App
You may download the App via the Android market place and/or the App Store. Use of the App must be strictly in accordance with the Android Market Place terms and/or the App Store terms and Conditions as applicable. You must not download and/or use the App on a device that you do not own or control.
(4) Registered users
Access to certain areas of the Site and/or App is restricted to registered users.
You must be aged 12 or over to become a registered user and you warrant that you have the capacity to understand, agree and adhere to these Terms. Furthermore, if you are under the age of 18, you must ask a parent or guardian for permission before you register for the Site and/or App.
In order to become a registered user, you must register via the "Sign up" button on the homepage of the Site or access the Site via your existing Facebook [insert link] or Twitter [insert link] account. You will be required to provide us with information about yourself and you warrant that all the information you provide to us as part of the registration procedure on the Site is true, accurate, fair and complete.
We may refuse to permit, or may insist that you change, any username that has already been taken by another registered user, impersonates another person or breaches the provisions of Section 6 below.
Registered users will have access to such additional features on the Site and/or App as we may from time to time determine in our sole discretion. Such additional features may include:
- (a) the facility to complete a detailed personal profile on Site, to publish that profile on the Site, and to restrict the publication of that profile to particular groups or individuals registered on the Site;
- (b) the facility to join groups on the Site, and to share information amongst group members whether on the Site or via the App;
- (c) the facility to send private messages via the Site and/or App to particular groups or other registered users.
We will provide registered users with a username and password to enable them to access the restricted areas of the Site. You are solely responsible for all acts or omissions that occur under your registered account, including any User Content (as defined below) uploaded or submitted onto the Site or shared via the App, for this reason, registered users must keep their username and passwords confidential and secure at all times. You must not disclose your username and/or password or authorise another person to use your account. If you become aware or believe that your account has been used without your authorisation then you must notify us immediately. We shall then take any steps we deem appropriate to deal with this actual or perceived user account security breach.
SMP may in its sole discretion and without notice disable usernames and passwords, delete accounts, and delete any information associated with an account.
(5) User generated content
"User Content" means material (including without limitation text, images, audio material, video material, audio-visual material and any underlying material) that you submit to the Site or share via the App, for whatever purpose. If you submit or share any User Content to the Site or via the App you must comply with the User Content Standards set out below.
By uploading, submitting or sharing any User Content to any area of the Site or via the App and in consideration of us making available to you the opportunity to upload or submit User Content to the Site and/or share via the App (which you acknowledge as a sufficient benefit to you), you grant to us a worldwide, irrevocable, unconditional, non-exclusive, royalty-free licence (including the right to sub-license or assign) of the entire right and interest in and to such User Content so that SMP and any successor may, subject to these Terms, use the User Content in any way, including, but without limitation the right to use, edit, copy, modify, reproduce, adapt, publish, translate, reform, create derivative works from, incorporate into other works, perform, play, commercialise, broadcast, distribute and otherwise make available to the general public your User Content (whether in whole or in part, or copies of the same) in any format or medium existing now or in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent in perpetuity. You also grant to us the right to bring an action for infringement of these rights.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of your User Content, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
You shall remain the owner of the copyright in any original User Content that you submit or upload on to the Site or share via the App. The permission you have granted to us is not exclusive. You may continue to use the User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms.
You warrant to SMP that:
(1) the User Content is your own original work and you own the entire right, title and interest in and to the User Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use the User Content in the manner contemplated by these Terms; and
(2) any User Content you submit or upload on to the Site complies with the User Content Standards set out below.
When you upload User Content to the Site and/or share it via the App it may become available to the general public. This means that both non-registered and registered users may be able to view your User Content. Please do not upload User Content if you do not want it to be available to the general public.
We have the right but not the obligation to, at our sole discretion and without notice, remove any User Content that you submit or upload on to the Site and /or share via the App. Notwithstanding the foregoing, we do not have any obligation to check the accuracy or truthfulness of the User Content, nor to monitor such User Content or users' use of the Site or App.
(6) User Content Standards
Your User Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the Internet.
You must not:
(i) upload or submit User Content that is or may be interpreted as obscene, indecent, blasphemous, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in a explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of racial, religious hatred or discrimination legislation;
(ii) use the Site and/or App for any illegal or unlawful purpose. You must comply with these Terms at all times and with all applicable laws and regulations;
(iii) upload or submit any User Content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
(iv) upload or submit User Content that is or may be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law) or be in breach of any contractual obligation owed to any person or be in contempt of any court;
(e) Upload of submit any User Content which is capable of being construed as negligent advice or which consists of or contains any negligent statement or any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(f) access the Site, the App or their content for any commercial or similar purpose;
(g) submit any third party User Content without that third party's prior written consent, or User Content that falsely expresses or implies that SMP, the Site or the App sponsor or endorse such User Content;
(h) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other user in connection with your User Content or in connection with your use of the Site and/or App, unless you have obtained the express, prior written permission of such other person, firm or enterprise to do so;
(i) impersonate another person or create a false or misleading idenity for the purpose of misleading others as to your identity for the purpose of misleading others as to your identity, or to collect information about other users.
(j) conduct forward promotions, chain letters, surveys, contests, or pyramid selling schemes;
(k) use another users' personal data for any purpose other than making contact with them, and it is reasonably expected that this contact will be welcomed by such other users;
(l) submit or upload User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(m) alter, adapt, modify, copy or create a derivative work from and content on the Site and/or App;
(n) modify, adapt, translate, reverse engine, hack or use any other means to retrieve or index any part of the Site or App, unless you have prior written consent from SMP;
(o) submit any material or do anything that results in the transmission of junk email, duplicate or unsolicited messages, chain letters, "spamming" or "phishing"; or
(p) interfere with another user's use and enjoyment of the Site and/or App or use the Site or App in any other manner that could damage, disable, over burden or impair the Site and/or App.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Comments, reviews and/or feedback ("Comments") relating to you, may be published on the Site or shared via the App. Such Comments may be critical or defamatory. We are not be liable in respect of any Comments irrespective of whether we are aware or ought to have been aware of such Comments. Notwithstanding the foregoing, you can report any abuse or complain about any User Content or other Content on the Site or App by sending an email to firstname.lastname@example.org outlining the abuse and or complaint.
(9) Accessing the Site and/or App
We reserve the right to, at our sole discretion, withdraw, amend, modify or vary the services provided on the Site and/or App without notice. We will not be held liable if for any reason the Site and/or App is unavailable at any time or for any period. We may at our sole discretion, and without notice, restrict access for a period of time to all or part of the Site and/or App.
You are responsible for making all necessary arrangements to ensure you can access the Site and/or use the App. We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing the Site and/or App through mobile services or any similar service currently known or developed in the future. We shall not under any circumstances be liable for any charges in respect of wireless, Internet and/or mobile service providers.
We maintain, control and operate the Site and App from the United Kingdom and we do not represent that any of the Content is appropriate or available for use in other territories. If you access the Site and/or App from outside the United Kingdom you are solely responsible for compliance with all applicable local laws and regulations.
(10) Disclaimer of warranties and limitation of liability
You use the Site and/or App at you own risk. The Site and App are provided "as is" and on an "as available" basis. The Content displayed on the Site is provided without any warranties as to its completeness or accuracy.
To the fullest extent permitted by law, SMP (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of the Site and/or App, including, without limitation, any liability for:
(i) loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
(ii) wasted management or office time; and
(iii) any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.
SMP is not responsible for any damage to any user's computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Furthermore, we expressly disclaim any and all responsibility and liability for the conduct of any user of the Site and/or App and for any User Content uploaded by users.
You hereby indemnify us and undertake to keep us fully and effectively indemnified from and against any and all third party claims, losses, damages (actual or consequential), actions, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us as a result of, in connection with or arising out of your use of the Site and/or App other than in accordance with these Terms or any breach of any applicable law or regulation ("Claim").
You shall co-operate fully and reasonably as required by us in the defence of any Claim. Notwithstanding the foregoing, SMP retains the exclusive right and without your prior consent to settle, compromise and pay any and all Claims or causes of action which are brought against us under the terms of this Section 11 and in no event shall you settle any such action with our prior written approval.
(12) Copyright infringement
If you are a rightsowner (or acting on behalf of a rightsowner) and believe that any User Content infringes your copyright, you must provide us with a written notice which states:
(1) that you are the rightsowner or are authorised to act on the rights owner's behalf;
(2) that you have identified User Content on the Site and/or App which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the User Content in the manner complained of is not authorised by you, the rightsowner's agent or by law;
(3) a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
(4) a description of the way in which the copyright material has been infringed;
(5) information reasonably sufficient to permit us to locate the User Content in question on the Site and/or App (including a URL specifying the date the Site and/or App was accessed and/or a screen shot);
(6) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details we also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
(7) your electronic or physical signature (which may be a scanned copy); and
(8) that the information in the notification is true and accurate.
Completed notices should be sent to ShareMyPlaylists.com Ltd., The Quadrus Centre, Boldon Business Park, Boldon, Tyne & Wear, NE35 9PF.
If you are claiming infringement of copyright under U.S. law, your notice should be sent to SMP's designated copyright agent by email to email@example.com.
This 'notice and takedown' procedure is regulated by statute. There may be negative consequences if you falsely allege User Content is infringing copyright or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the User Content, or whether there has been an infringement of your rights.
If you believe that we have removed User Content in error, you may send us a written counter-notice which states:
(1) details of the material that has been removed or to which access has been disabled;
(2) information reasonably sufficient to permit us to know where the material in question had been located on the Site and/or App (including a URL and/or screen shot);
(3) a statement that you believe in good faith that the material that you have identified has been removed by mistake and your reasons for believing this;
(4) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and
(5) a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place.
Completed counter-notices should then be sent to ShareMyPlaylists.com Ltd., The Quadrus Centre, Boldon Business Park, Boldon, Tyne & Wear, NE35 9PF.
We have a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer is a user who has submitted two or more items of User Content for which SMP receives a copyright infringement notice in accordance with this section. If your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a user breaching this section.
SMP have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.
We reserve the right at our sole discretion, at any time without liability and with or without prior notice to you:
(a) to bring court proceedings against you for breach of contract or otherwise;
(b) not to post any User Content on to the Site or enable it to be shared via the App;
(c) to remove, suspend or disable access to any User Content;
(d) to suspend or revoke your account registration (where applicable) and your right to access and/or use the Site or App or submit any User Content; and
(e) to make use of any operational, technological, legal, or other means available to enforce these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
Notwithstanding the above, we will try to warn users that their access to the Site, App and/or their user account may be suspended or terminated.
You can terminate your account at any time by sending an email request to [please insert]. This will remove your profile and other personal information from view and prevent you from accessing the Site as a registered user. Once your registration is terminated SMP has the right but not the obligation to delete your account and any related User Content that you have submitted or uploaded on to the Site.
User Content that you have uploaded to the Site may still appear on the Site even after your registration has terminated. Pursuant to the licence granted at Section 5, SMP shall have the right to use your User Content anywhere on the Site and/or App as we, in our sole discretion choose.
(14) Third party websites
The Site includes hyperlinks to other websites owned and operated by third parties ("Third Party Sites"). By way of an example only, elements of the playlist generator utilise data provided by Last.fm and Spotify. These links are provided to you for your information only.
You may provide a link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on SMP part where none exists. The site from which you are linking must comply in all respects with the User Content standards in these Terms.
You must not frame any portion or pages of the Site and/or App on any other site. SMP reserves the right to withdraw linking permission without notice.
(15) Trade marks
ShareMyPlaylists.com and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on the Site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
From time to time we may run competitions, free prize draws and/or other promotions on the Site. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
A failure or delay by us in exercising any right, power or privilege under these Terms shall not operate as a waiver of such right or acceptance of any variation of these Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
We may sub-contract, assign or otherwise transfer our rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not sub-contract assign or otherwise transfer your rights and/or obligations under these Terms.
If, for any reason, a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, it shall be severed and deleted from these Terms and the other provisions will survive and continue in to be binding and enforceable.
(21) Exclusion of third party rights
These Terms are for the benefit of you and us, and are not intended to benefit or be enforceable by any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
(22) Entire agreement
(23) Law and jurisdiction
(24) Our details
The Site and App are owned and operated by ShareMyPlaylists.com Limited.
We are registered in England & Wales under registration number 06980444.
You can contact us here: Contact ShareMyPlaylists.com.
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