Terms of Service

Music Radio Creative Limited

Terms and Conditions

1.INTRODUCTION

1.1.This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the services (the 'Services') listed on this website (the 'Website') to you.

1.2.Before confirming your order please:

1.2.1.Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 14. and limitation of our liability and your indemnity at clause 18.

1.2.2.Print a copy for future reference.

1.2.3.Read our privacy policy regarding your personal information.

1.3.By ordering any of the Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

1.4.We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

2.ABOUT US

2.1.This Website is owned and operated by Music Radio Creative ('we'/'us'/'our'), a limited company registered in England and Wales under company number: 5473283 having our registered office at Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 5WB, United Kingdom. Our registered VAT number is 139135710.

3.COMMUNICATIONS

3.1.You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

3.2.We will contact you by email or provide you with information by posting notices on our Website.

4.OVERSEAS ORDERS

4.1.You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.

5.REGISTRATION

5.1.When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

5.2.By registering on the Website you undertake:

5.2.1.That all the details you provide to us for the purpose of registering on the Website and purchasing the Services are true, accurate, current and complete in all respects

5.2.2.To notify us immediately of any changes to the information provided on registration or to your personal information

5.2.3.That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Services from this Website in conjunction with and under their supervision

5.2.4.To only use the Website using your own username and password

5.2.5.To make every effort to keep your password safe

5.2.6.Not to disclose your password to anyone

5.2.7.To change your password immediately upon discovering that it has been compromised

5.2.8.To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

5.3.You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

5.4.We reserve the right to terminate an agreement formed with you pursuant to clause 11. below and to suspend or terminate your access to the Website immediately and without notice to you if:

5.4.1.You fail to make any payment to us when due

5.4.2.You breach these Conditions (repeatedly or otherwise)

5.4.3.You are impersonating any other person or entity

5.4.4.When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

5.4.5.We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

6.ELIGIBILITY TO PURCHASE FROM THE WEBSITE

6.1.To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:

6.1.1.Be 18 years of age or over

6.1.2.Be legally capable of entering into a binding contract

6.1.3.Provide full details of an address for the performance or delivery of the Services

6.2.If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

7.PRICE

7.1.The prices of the Services are quoted on the Website.

7.2.Unless otherwise stated, the prices quoted exclude VAT. (Please note that VAT will be added to all products and services sold within UK and other European Union countries.) The current VAT rate is 20%.

7.3.We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.

7.4.After successful purchase we will email you your sales receipt. If you requite a VAT invoice - please contact our team via contact page within 30 days from the day of purchase. Please note that we will not be able to issue your VAT invoice if you contact us past that 30 days mark.

8.PAYMENT

8.1.Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.

8.2.By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.

8.3.Payment will be debited and cleared from your account before the provision of the Service to you.

8.4.When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

8.5.By accepting these Conditions you:

8.5.1.Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered

8.5.2.Undertake that any and all Services ordered by you are for your own private or domestic use only and not for resale

8.5.3.Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

8.6.We shall contact you should any problems occur with the authorisation of your card.

8.7.We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

9.SCRIPT WRITING

9.1.Music Radio Creative provides paid script writing and branding consultations. The product and its terms and conditions are intended only for customers who wish to also purchase audio from Music Radio Creative.

9.1.2.With each paid consultation the customer will be provided with an agreed set of script ideas and suggestions. Fee for the consultation will be quoted up front depending on the project size.

9.1.3.All scripts provided are the original work of the Music Radio Creative script writers. Music Radio Creative however retains full copyright on the scripts provided.

9.1.4.The license is given only to use the scripts in the production supplied by Music Radio Creative with no further royalties due other than the cost of audio production - any other use needs to be paid for as a full licensing fee (a quote can be obtained once all details of broadcast are provided). Any usage of scripts outside of the paid license will be treated as a copyright infringement and appropriate action will be taken.

9.1.5.Scripts that have been provided in the consultations but not used by customer in any production may be used in future Music Radio Creative projects or those of its clients.

9.1.6.Scripts accepted by the customer and used in their production will not be used in any other projects (unless agreed by the customer otherwise) for the period of 12 months from the date of purchase.

9.2.Customers that provide their own scripts take full responsibility for any potential copyright that may exist on the wording of their choice. It is the customer’s responsibility to ensure that the appropriate license is in place to use such wording.

10.PRODUCTION

10.1.All production elements and compositions are the original work of Music Radio Creative producers.

10.1.1.If you are looking for a production that resembles aspects of someone else’s idea/project it is your responsibility to ensure that by doing so you are not infringing any existing copyrights, artist's rights etc.

10.1.2.We may refuse to recreate someone elses work as this is against our code of practice.

10.2.Each production composition is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, the style or presentation of the services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Music Radio Creative moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Production shall remain with us or our licensors.

10.3.You may not download or copy the content and other downloadable items displayed on the Website in the form of audio elements (the Production, Composition etc).

11.ORDER PROCESS AND FORMATION OF A CONTRACT

11.1.All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

11.2.Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

11.3.You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

11.4.You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.

11.5.A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

11.6.Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.

11.7.The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

11.8.You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

11.9.You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:

11.9.1.Any change to those policies or these Conditions is required to be made by law or governmental authority

11.9.2.We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

12.POWER INTRO

12.1.At the time of placing your order you must identify a song title ("Original Song") and artist name specifying whether you wish for a male or female vocal recording.

12.2.Subject to the payment by you to us of the fee as indicated on our price list, we shall provide you with an acapella/voice only (i.e. vocal only) recording ("Acapella Recording") in WAV or .MP3 formats (as requested by you) sung/spoken by the gender of singer/voice artist of your choice in a similar style, at the same tempo and in the same key as the Original Song. For the avoidance of doubt, the Acapella/Voice Recording shall not embody any of the underlying composition or any of the recorded elements from the Original Song.

12.3.Subject to the rights which are vested in the Performing Rights Society and any other similar performing rights organisations (collectively "PROs"), we hereby grant you a licence to broadcast and stream the Acapella/Voice Recording (and the composition embodied therein) as part of your service provided that you are not hereby granted any rights to commercially exploit the Acapella/Voice Recording in any way whatsoever and any commercial exploitation of the Acapella Recording must be by separate arrangement with us. Nothing herein shall be construed as granting you the right to synchronise the Acapella/Voice Recording with the Original Recording nor do these terms and conditions purport to grant you any rights in or to the Original Recording (or the composition embodied therein).

12.4.As between you and us, you shall be solely responsible for obtaining and maintaining all relevant licences from PROs in relation to the performance rights required in order for you to provide your service and exercise the rights granted in the Acapella/Voice Recording hereunder.

13.BIG FISH WORLDWIDE PRODUCTION LIBRARIES

13.1.Music Radio Creative is an authorised re-seller of Big Fish Worldwide Inc. production libraries.

13.2.Big Fish Worldwide Inc. certifies that all music and elements contained on current and future Big Fish Workparts are 100% owned and copyrighted solely by Big Fish Worldwide Inc.

13.3.All products are licensed for use only by the person or entity indicated as a purchaser (person or entity who is listed on the purchase invoice).

13.4.This Agreement grants the licensee the non-exclusive right to reproduce library components solely for use within other audio and/or visual effects for recording projects. Licensee does not acquire any ownership rights or underlying copyrights, and all rights, title and interest in the library components remain with Big Fish Worldwide Inc. After the initial purchase of these products additional licensing fees or royalties are not required.

13.5.Delivery method

13.5.1.All production elements will be available instantly after the successful purchase under the “My Instant Downloads” page in your “My Account” area.

13.5.2.All workparts packages will be available as a downloadable .zip file in the place specified above.

13.6.Returns

Music Radio Creative and Big Fish Worldwide do not allow for any returns. This is due to the fact that the digital product once purchased cannot be physically returned. The purchaser is able to sample the product by listening to excessive demo available on each product page - which is a great indication of the product itself.

13.7.After the purchase of this third party product all of your details will remain with Music Radio Creative and will never be shared without your prior consent.

13.8.By making a purchase you agree to these terms and conditions.

14.DELIVERY

14.1.The Services will be delivered to you to the email address you supplied on registration or such other email address that we agree to use to communicate with you.

14.2.Any dates quoted for completing performance of the Service are approximate only. All orders are delivered in 1-5 working days (excluding UK and US Bank Holidays and Sundays) unless otherwise stated on the order form. Unless there are exceptional circumstances of which you would be notified via email provided within 5 working days.

14.3.We shall not be liable for any delay in completing performance of the Service, however caused.

14.4.The Services may be sent to you in instalments.

14.5.We only keep digital copies of your order for up to 6 months, after that time we are going to be unable to provide you with any copies of previous orders so it is your responsibility to protect your copy.

15.CANCELLING YOUR CONTRACT AND RETURNS

15.1.Cancelling before receiving a Confirmation Notice

15.1.1.You may cancel your order for the Services at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

15.2.Cancellation after receiving a Confirmation Notice

15.2.1.You are entitled to cancel your Contract and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate and subject to clause 14.4., to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the Services to you before this period of time expires. We shall be deemed to have already commenced providing the Services, in circumstances where you have already downloaded products or materials that we made available to you, from the Website.

15.2.2.You may notify us of your wish to cancel by sending us a cancellation notice. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

15.2.3.Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.

15.2.4.So long as you have complied with your obligations under this clause, we will refund the purchase price to you by crediting the payment card you used to purchase the Services.

15.3.Cancelling ongoing Services

15.3.1.Some of the Services that we provide are available for an unspecified period of time (such as Premium Radio Jingles members site). In this clause these Services are referred to as 'Ongoing Non-Fixed Term Services'.

15.3.2.You are entitled to cancel your Contract for any Recurrent Non-Fixed Term Services that you have purchased and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 15.4., to items that are available to be downloaded.

15.3.3.You will still have a right to cancel any Ongoing Non-Fixed Term Services if we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, upon giving us 4 weeks' advance notice in writing. You may notify us of your wish to cancel by sending us a cancellation notice or a letter to Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 5WB, United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

15.4.Exception to the right to cancel

You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:

15.4.1.If you expressly agree to us beginning to provide any services before the end of the cancellation period.

15.4.2.The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)

15.4.3.The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us

15.4.4.The Contract is for the sale of land, auctions and financial service agreements

15.4.5.The Contract is for the supply of:

15.4.5.1.Audio or video recordings and computer software if unsealed by you

15.4.5.2.Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download

15.5.Incorrectly priced or described Services

15.5.1.Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Services to you.

15.5.2.If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.

15.5.3.If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.

15.5.4.If your order is cancelled or rejected and you have already paid for the Services, you will receive a full refund in accordance with clause 15.7.

15.6.Delivery by instalments

15.6.1.The Services may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Services in accordance with clause 15.7.

15.7.Processing refunds

15.7.1.We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Services.

16.COMPLAINTS

16.1.If you have a comment, concern or complaint about any Services you have purchased from us, please contact us via email or by post at Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 5WB, United Kingdom.

17.INTELLECTUAL PROPERTY

17.1.The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Music Radio Creative moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

17.2.You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

17.3.You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

17.4.You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

17.5.No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.

17.6.Services sold by us and Website content are created using royalty free and licensing free components otherwise known as audio production elements.

18.WEBSITE USE

18.1.You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.

19.LIABILITY AND INDEMNITY

19.1.Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

19.1.1.Death or personal injury resulting from our negligence

19.1.2.Fraud or fraudulent misrepresentation

19.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987

19.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

19.2.The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

19.3.We will not be liable if the Website is unavailable at any time.

19.4.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

19.5.We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

19.6.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

19.7.We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

19.8.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

19.8.1.any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

19.8.2.any loss of goodwill or reputation; or

19.8.3.any special or indirect losses; or

19.8.4.any loss of data; or

19.8.5.wasted management or office time; or

19.8.6.any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 19.8.1. to 19.8.6., is strictly limited to the purchase price of the Services you purchased.

19.9.You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

19.10.This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

20.REVIEWS

20.1.You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

20.2.You undertake that any review, feedback or rating that you write shall:

20.2.1.Comply with applicable law in the UK and the law in any country from which they are posted

20.2.2.Be factually accurate

20.2.3.Contain genuinely held opinions (where applicable)

20.2.4.Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving

20.2.5.Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence

20.2.6.Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party

20.2.7.Not be used to impersonate any person, or to misrepresent your identity

20.3.You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

20.4.You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.

20.5.We reserve the right to publish, edit or remove any reviews without notifying you.

21.FORCE MAJEURE

21.1.We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:

21.1.1.Strikes, lock-outs or other industrial action

21.1.2.Shortages of labour, fuel, power, raw materials

21.1.3.Late, defective performance or non-performance by suppliers

21.1.4.Private or public telecommunication, computer network failures or breakdown of equipment

21.1.5.Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

21.1.6.Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.

21.1.7.Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

21.1.8.Acts, decrees, legislation, regulations or restrictions of any government

21.1.9.Other causes, beyond our reasonable control

21.2.Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

21.3.Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

22.PRIVACY POLICY

20.1.In order to monitor and improve customer service, we sometimes record telephone calls.

22.2.We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

22.3.You can find full details of our Privacy Policy on: http://www.musicradiocreative.com/privacy.

23.THIRD PARTY RIGHTS

23.1.Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

24.EXTERNAL LINKS

24.1.To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

24.1.1.The privacy practices of such websites

24.1.2.The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources

24.3.The use which others make of these websites; or

24.1.4.Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

25.LINKING TO THE WEBSITE

25.1.You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

25.2.Any agreed link must be:

25.2.1.To the Website's homepage or the page specified by us

25.2.2.Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted

25.2.3.Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it

25.2.4.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

25.3.We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

25.4.We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

26.NOTICES

26.1.All notices given by you to us must be given to us at Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 5WB, United Kingdom or by emailing. We may give notice as described in clause 3.

26.2.Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

27.ENTIRE AGREEMENT

27.1.The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

27.2.We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.

27.3.Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.

28.GENERAL

28.1.We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

28.2.All prices and descriptions supersede all previous publications. All product descriptions are approximate.

28.3.Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

28.4.If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

28.5.All Contracts are concluded and available in English only.

28.6.If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

28.7.A waiver by us of any default shall not constitute a waiver of any subsequent default.

28.8.No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.

28.9.Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

29.GOVERNING LAW AND JURISDICTION

29.1.The Website is controlled and operated in the United Kingdom.

29.2.Every purchase you make shall be deemed performed in England and Wales.

29.3.The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Website – Terms and Conditions of Use

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the 'Website') and in particular clause 11.3.

The Website is owned and operated by Music Radio Creative ('we'/'us'/'our'), a limited company registered in England and Wales under company number: 5473283 having our registered office at Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 5WB, United Kingdom. Our registered VAT number is 139135710.
The term 'you' refers to the user or viewer of our Website.

By browsing on or using the Website you are agreeing to comply with and be bound by these terms and conditions which, together with our privacy policy, governs our relationship with you regarding the use of our Website.

1.ACCESS

1.1.You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.

1.2.You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

1.3.We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.

1.4.Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

2.REGISTERING ON THIS WEBSITE

2.1.When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

2.2.By registering on the Website you undertake:

2.2.1.That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects

2.2.2.You will notify us immediately of any changes to the information provided on registration

2.2.3.You are over 18 or if under 18 you have a parent or guardian's permission to register with the Website in conjunction with and under their supervision

2.2.4.To only use the Website using your own username and password

2.2.5.To make every effort to keep your password safe

2.2.6.Not to disclose your password to anyone

2.2.7.To change your password immediately upon discovering that it has been compromised

2.2.8.To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

2.3.You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

3.ELIGIBILITY TO PURCHASE FROM THE WEBSITE

3.1.To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:

3.1.1.Be 18 years of age or over

3.1.2.Be legally capable of entering into a binding contract

3.1.3.Provide full details of an address for the performance or delivery of the Services

3.2.If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

4.INTELLECTUAL PROPERTY

4.1.The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Music Radio Creative moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).

4.2.You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

4.3.You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

4.4.You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

4.5.You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

4.6.You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

4.7.No licence is granted to you to use any of our trade marks or those of our affiliated companies.

5.DISCLAIMER

5.1.It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

5.2.We will not be liable to you if the Website is unavailable at any time.

5.3.We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.

5.4.All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.

5.5.Any prices and offers are only valid at the time they are published on the Website.

5.6.All prices and descriptions supersede all previous publications.

5.7.Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

5.8.The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

5.9.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

5.10.We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

5.11.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.

5.12.You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

5.13.We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.

6.USE OF THE WEBSITE

6.1.You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.

6.2.We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

6.3.We reserve the right to:

6.3.1.Make changes to the information or materials on this Website at any time and without notice to you.

6.3.2.Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.

6.3.3.Refuse to post material on the Website or to remove material already posted on the Website

6.4.You may not use the Website for any of the following purposes:

6.4.1.Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

6.4.2.Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise

6.4.3.Breaching any applicable local, national or international laws, regulations or code of practice

6.4.4.Gaining unauthorised access to other computer systems

6.4.5.Interfering with any other person's use or enjoyment of the Website

6.4.6.Breaching any laws concerning the use of public telecommunications networks

6.4.7.Interfering with, disrupting or damaging networks or websites connected to the Website

6.4.8.Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website

6.4.9.To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation

6.4.10.To create and/or publish your own database that features all or substantial parts of the Website

6.4.11.Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner

6.5.In addition, you must not:

6.5.1.Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website

6.5.2.Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it

6.5.3.Attack the Website via a denial-of-service attack or a distributed denial-of service attack

6.5.4.Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website

6.6.A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

7.SUSPENDING OR TERMINATING YOUR ACCESS

7.1.We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:

7.1.1.You fail to make any payment to us when due

7.1.2.You breach the terms of these terms and conditions (repeatedly or otherwise)

7.1.3.You are impersonating any other person or entity

7.1.4.When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

7.1.5.We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

8.REVIEWS

8.1.You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

8.2.You undertake that any review, feedback or rating that you write shall:

8.2.1.Comply with applicable law in the UK and the law in any country from which they are posted

8.2.2.Be factually accurate

8.2.3.Contain genuinely held opinions (where applicable)

8.2.4.Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving

8.2.5.Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence

8.2.6.Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party

8.2.7.Not be used to impersonate any person, or to misrepresent your identity

8.3.You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

8.4.You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.

8.5.We reserve the right to publish, edit or remove any reviews without notifying you.

9.LINKING TO THE WEBSITE

9.1.You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

9.2.Any agreed link must be:

9.2.1.To the Website's homepage or to previously agreed landing page

9.2.2.Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted

9.2.3.Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it

9.2.4.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

9.3.We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

9.4.We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

10.EXTERNAL LINKS

10.1.To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

10.1.1.The privacy practices of such websites

10.1.2.The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources

10.1.3.The use which others make of these websites

10.1.4.Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

11.LIMITATION OF LIABILITY AND INDEMNITY

11.1.Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

11.1.1.Death or personal injury resulting from our negligence

11.1.2.Fraud or fraudulent misrepresentation

11.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987

11.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

11.2.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connectio

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