Terms & Conditions - SIMPLEMINDS.COM
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Terms & Conditions

SIMPLEMINDS.COM USER AGREEMENT

 

 

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PARTIES

 

1. You, the User; and
2. SIMPLE MINDS LTD Simple Minds Ltd (reg no 01409205) c/o OJK Limited 5th Floor 61 Mosley Street Manchester M2 3HZ. (“Simple Minds Ltd”)
RECITALS

 

1. The User wishes to access the Website ‘SIMPLE MINDS Website’, in order to view and/or purchase certain music-related content. Simple Minds Ltd,

 

OPERATIVE PROVISIONS

 

1. Definitions and Construction
1.1 Unless the context otherwise requires the following words and phrases shall have the following meanings respectively:-

“The Act” means the Copyright Designs and Patents Act 1988; this “Agreement” means the agreement made between the parties embodied in this document together with any documents incorporated by reference;

“Bonus Material” means any material other than Recordings made available to Members by Simple Minds Ltd at the Website;

“Content Providers” means the respective owners of Recordings and/or Bonus Material administered by Simple Minds Ltd and made available at the Website;

“Data” means information acquired at or displayed at the Website;

“Database” means any collation of information stored by Simple Minds Ltd in electronic form relating to Website Users;

“Internet” means the internet and any other interactive online platform;

“Member” means any registered user of the SIMPLEMINDS.COM Website;

“Messages” means any information posted at the Website by Content Providers, Visitors and/or Members;

“Payment Partner” means such third party payment agent authorised by Simple Minds Ltd to effect payments in relation to the Website;

“Personal Data” means personal data acquired at the Website relating to the User;

“Privacy Policy” means the privacy policy displayed at the Website from time to time relating to the use of Personal Data;

“Public Noticeboards” means any part of the Website, such as message boards and chatrooms, where Members and/or Visitors may post Messages;

“Recordings” means audio and/or audio-visual recordings made available by Simple Minds Ltd at the Website;

“Visitor” means any unregistered user of the Website;

“The Webmaster” means contact@simpleminds.com or such other email address as may be displayed at the Website from time to time;

“The Website” means the SIMPLE MINDS LTD website, the homepage of which is currently found attached to http://www.simpleminds.com and any other webpages hosted by Simple Minds Ltd which are accessed solely from this website and any temporary or replacement incarnations of this website;

“Website Content” means all Recordings, Bonus Material, Data and any other software, artwork, layout, trademarks or other materials comprising the Website or made available at the Website;

“Website Users” means Simple Minds Ltd , the Content Providers, Visitors and Members.

1.2 Unless the context otherwise requires the words and expressions used in this Agreement shall have the same meanings as are given to them in the Act.

1.3 Where the context requires in this Agreement words denoting the singular shall include the plural and vice versa, words denoting the masculine gender shall include the feminine gender and words denoting persons shall include corporate entities.

1.4 Unless the context otherwise requires references in this Agreement to any clause shall be deemed to be a reference to a clause in this Agreement, and references to any schedule shall be deemed to be a reference to a schedule to this Agreement.

1.5 Unless the context otherwise requires any reference in this Agreement to any statute or other regulation or any guild agreement shall be a reference to such as the same may from time to time be amended or replaced.

1.6 The liability of any party to this Agreement comprising more than one person shall be joint and several.

1.7 References to a party shall be deemed to include that party’s successors in title and shall unless the context requires otherwise be deemed to be a reference to a party to this Agreement.

1.8 The recitals and headings used in this Agreement shall be deemed not to be a part of this Agreement nor act in the construction of any provision of this Agreement.

1.9 Unless expressly provided otherwise the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no provision of this Agreement shall confer any right on any third party.

 

 

2. User Obligations

 

2.1 The User shall not use the Website in any manner likely to injure, offend or become a nuisance to any Website User.

2.2 The User shall not copy any of the Website Content without the consent of or use the Website Content in any unlawful manner.

2.3 The User shall not use or republish any of the Data without the consent of the parties to which the Data relates. In particular the User shall refrain from so-called spamming activities which may affect any Website User.

2.4 The User shall not post Messages likely to offend or defame any person or incite persons to commit any unlawful act.

2.5 If the User acquires a password from Simple Minds Ltd for access to any part of the Website then the user shall not disclose that password to third parties.

2.6 The User shall refrain from any act which would interfere with the operation of the Website nor attempt any unauthorised access to (so-called ‘hacking’ of) any Website Content.

2.7 The User shall promptly notify the Webmaster of any person impersonating the User at the Website or using the User’s password without the User’s permission. [by logging in and clicking ‘CONTACT’ at the bottom of the page]

2.5 If the User acquires a password from Simple Minds Ltd for access to any part of the Website then the user shall not disclose that password to third parties.

2.6 The User shall refrain from any act which would interfere with the operation of the Website nor attempt any unauthorised access to (so-called ‘hacking’ of) any Website Content.

2.7 The User shall promptly notify the Webmaster of any person impersonating the User at the Website or using the User’s password without the User’s permission. [by logging in and clicking ‘CONTACT’ at the bottom of the page]

 

 

3. Data Protection

 

3.1 Subject to clause

3.2 the User consents to Simple Minds Ltd retaining Personal Data as part of a Database and dealing with such data for the purpose of marketing and exploiting the Website.

3.2 Notwithstanding the provisions of clause 3.1 Simple Minds Ltd shall not use Personal Data other than in accordance with data protection legislation and/or the Privacy Policy. In particular, Simple Minds Ltd shall not make Personal Data available to third parties without the consent of the User.

3.3 The consent of the User Simple Minds Ltd for all uses of Personal Data which are necessary for the purpose for which it is supplied (eg. delivery of Recordings purchased at the Website or maintaining the User as a Member) and/or for all uses which are elected by the User using so-called ‘tick boxes’ or other opt in / opt out procedures commonly utilised on the Internet. Span

3.4 Subject to clause 3.2 Simple Minds Ltd may retain Personal Data as part of a Database notwithstanding that the User may cease to be a Website User.

 

 

4. Acquisition of Content via the Website and Member Fees

 

4.1 All Recordings and Bonus Material acquired by the User shall be subject to any additional agreements and restrictions displayed at the Website or otherwise notified to the User as part of the acquisition procedure.

4.2 Unless expressly notified to the contrary, all Recordings and Bonus Material are acquired under a non-transferrable licence personal to the User.

4.3 Payment for Recordings and Bonus Material (and Member fees, if applicable) shall be transacted by the Payment Partner. The User shall abide by the terms of the Payment Partner for such transactions and shall refer any queries relating to such transactions to the Payment Partner.

4.4 In respect of any fees as a Member (if applicable), the User may terminate its status as a Member within seven (7) days of first joining and to receive a full refund of such fees.

4.5 In respect of any payments made for the acquisition of Recordings or Bonus Material delivered in electronic form, the User acknowledges that such material is deemed consumable and therefore not capable of being returned.

4.6 The User shall not attempt to alter or otherwise carry out any unauthorised act in respect of any so-called digital rights management applications or data embedded in Recordings or Bonus Material.

4.7 The User acquires all Recordings and Bonus Material at its own risk. Simple Minds Ltd accepts no liability for any offence, injury or other harm suffered by the User as a result of acquiring any Recordings or Bonus Material other than arising from the negligent act of Simple Minds Ltd .

 

 

5. Public Noticeboards

 

5.1 Simple Minds Ltd reserves the right in its sole discretion to remove any Messages or disable in whole or in part any Public Noticeboard without notice.

5.2 The User acknowledges that Simple Minds Ltd makes no warranty as to the accuracy, lawfulness or otherwise appropriateness of the content of Messages and accepts no liability for any offence, injury or other harm suffered by the User as a result of viewing Messages or accessing the Public Noticeboards save in respect of physical injury suffered by the User arising from Simple Minds Ltd’s negligence.

5.3 The User warrants that Messages posted by the User shall not infringe the rights of any third party.

5.4 Notwithstanding the provisions of clause 5.2 Simple Minds Ltd shall promptly investigate and, if necessary, remove Messages causing harm or offence to any person, where the Webmaster has been notified of such.

5.5 All Messages posted by the User shall become the property of Simple Minds Ltd .

 

 

6. Indemnity and Limitation of Liability

 

6.1 The User indemnifies Simple Minds Ltd against any loss (including legal fees) that Simple Minds Ltd may suffer resulting from any claim against Simple Minds Ltd inconsistent with any representation or agreement made by the User in this Agreement.

6.2 Simple Minds Ltd’s liability under this Agreement shall, other than in respect of personal injury caused by negligence, be limited as follows:

6.2.1 in respect of any claim arising from the purchase of Recordings or Bonus Material, or payment of Member fees, the amount paid by the User for the same; and/or

6.2.2 in respect of any other claim, or aggregate claims, one pound (£1)

 

 

7. Miscellaneous

 

7.1 The User shall not disclose without Simple Minds Ltd’s prior written consent any confidential information that the User may receive pursuant to entering into this Agreement save as required in legal proceedings or to the User’s professional advisers. A disclosure by the User’s professional advisers shall be deemed to be a disclosure by the User.

7.2 Simple Minds Ltd shall not be in breach of those obligations where performance is reasonably prevented by a so-called force majeure provided that Simple Minds Ltd takes all reasonable steps to mitigate its effect.

7.3 This Agreement represents the entire agreement between the parties in respect of its subject matter.

7.4 If any clause or any part of this Agreement or the application of such to any party shall for any reason be adjudged by a court or other legal authority of competent jurisdiction to be invalid, such judgement shall not affect the remainder of this Agreement, the terms of which shall remain in full force and effect.

7.6 All notices referred to in this Agreement shall be sent:

7.6.1 in the case of notices to the User, if applicable, to the email address provided by the User;

7.6.2 in the case of notices to Simple Minds Ltd, to the Webmaster.

7.7 The User may not assign its rights under this Agreement.

7.8 The laws of Scotland shall govern this Agreement and the Scottish courts shall have exclusive jurisdiction.