|
|
|
|
|
|
GENERAL
1. Introduction
Overplay is a website dedicated to providing a platform and social network for emerging artists and fans. Overplay aims to give exposure to artists and fans via the website www.overplay.com ("the Website") and providing its services subject to these terms and conditions. If you do not agree to the Terms and Conditions, please do not use the website.
We may change these Terms and Conditions at any time by posting changes online. Please review the terms regularly to ensure that you are aware of any changes. Any continued use following any such changes to these terms will be deemed to be your acceptance of such change.
2. Registration
This agreement between Overplay ("We", "Us", "Our") and emerging artists ("you, your") sets out the terms and conditions ("the Terms") on which we supply services to you. Before you can use the Website you must complete our registration form. Please ensure that all the details are valid and correct at all time and inform us immediately of any changes. If you are a member of a group, you must appoint a group "leader" who will be responsible for completing and maintaining the group’s registration and membership responsibilities.
3. Access to Overplay
We will do everything we can to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
4. Licence for Use of the Website
We grant you a limited licence to access and make personal use of the Website, but not to copy (other than page caching) or modify it, or any part of it, or be reproduce, duplicate, sell, resell, or otherwise exploit it for any commercial purpose except with our express written consent. This licence does not include any resale or commercial use of the Website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the Website or any of its contents, any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Overplay without our express written consent. You may not use any meta tags or any other "hidden text" utilising the overplay.com name without our express written consent. Any unauthorised use terminates the permission granted under this license by us.
TERMS AND CONDITIONS COVERING MEMBERSHIP
5. Price Details and Payment Obligations
You may purchase Membership from a choice of three different accounts: Bronze account is free, Silver account at £20 and Gold account at £30 (please see section on the website for more details). All paid membership accounts last for one year. You can make payment by Visa, MasterCard, Switch, American Express, JCB, Diners, Laser, Electron, and Lastschriften (ELV) through our secure payment provider Worldpay. If you have any questions regarding your account please contact us.
6. Your Account, Password and Security
Once you have purchased your membership you can log into your account using your email address and a unique password which will be sent to you by us via email. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account and/or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or likely to be, used in an unauthorised manner.
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel purchases at our discretion. If we cancel a purchase it will be without charge to you.
7. Your Conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Web Site for lawful purposes only.
You must not use the Website for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - to cause annoyance, inconvenience or needless anxiety.
8. Community Rules for Overplay Message Board
When using the Overplay message board you are responsible for maintaining the confidentiality of your account details and email address. It is also your responsibility to keep other personal information confidential such as your name and address. We do not advise that you include any personal information on the message board. You agree that all contributions and conduct will lawful, civil and tasteful and your criticism will be constructive and polite not mean, spiteful, threatening, harmful, disruptive, racially offensive, abusive, derogatory or defamatory.
You agree that you will not do anything which may disrupt the community or annoy other users and you will not submit spam, so called spoilers or irrelevant material or resend the same material time after time. You agree that you will not advertise any company, service, or refer to any specific websites unless allowed under these terms and conditions or with prior consent from us.
Overplay Moderators will oversee the use of the message board. Please contact the moderator at service@overplay.com if you have any queries regarding these terms. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the provision of the material on the message board.
9. Copyright and Other Intellectual Property
All content and all compilation of content included on the Website, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital downloads, data compilations, and software, is the our property or our content suppliers and is protected by copyright, database and trade mark right laws in England and internationally.
You may not extract and/or re-utilise parts of the contents of the Website without our express written consent. In particular, you may not utilise any 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, without our express written consent. You may not create and/or publish your own database that features substantial parts of the Web Site without our express written consent. You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach you of the above warranties.
10. Copyright Infringement and Defamation Claims
It is not possible for us to be aware of the content of all items, products, reviews, comments, files, recordings, compositions listed or displayed or embodied in the Website. However if you believe that your work has been copied in a way that constitutes copyright infringement, or you believe that any content on, or advertised for sale on, the Website contains a defamatory statement, please notify us immediately in writing and we will make all reasonable endeavours to remove the defamatory or infringing content complained about within a reasonable time.
TERMS AND CONDITIONS COVERING THE SUPPLY OF MATERIAL BY YOU
11. How to Submit You Material to Us
Before you send your Material to us you must register and join as a member by completing our registration form. Please ensure that all personal details are correct and valid. Once you have done this you can upload your material.
12. Licence for Use of Material
By submitting material to us which can include but is not limited to digital audio file, text, graphics, photographs, (the "Material") you agree to grant us a perpetual non-exclusive license and all the necessary rights throughout the world for the duration of copyright to publish Material available on the Website.
If you do not want to grant to the rights set out above, please do not submit the Material. We reserve the right not to exercise any of or any part of the above rights in the Material at our sole discretion and without liability. If you are under the age of 18 you agree to get a parent’s or guardian’s consent before submitting any Material.
13. Return of Materials
We regret that Materials sent to us by post cannot be returned to you.
14. Intellectual Property Rights in the Material
You warrant that the Material and the use of the Material by us will not infringe the copyright or other rights, moral rights, and rights of privacy and confidence of any third party; will not be obscene, blasphemous, defamatory or otherwise illegal or unlawful, or in any way incite racial hatred; do not contain and will not produce any known viruses or harmful code that could damage our computer systems or data; do not include any so called "sampled" extracts from any third party sound recordings or include or utilise any extracts from any third party compositions and/or any literary or other copyright work; are not encoded by Digital Rights Management (DRM); and comply adhere to our website Terms and Conditions and Privacy policy.
You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach you of the above warranties.
15. Liability
We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible.
We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the Material.
No delay or omission on our part in exercising of any of our rights or remedies contained in the Terms shall be construed as a waiver of any of those rights or remedies.
Any person who is not a party to theses terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms.
16. Buying MP3s, CDs and Other Products.
We provide a service which enable
fans to listen and play the content of a file you may wish to buy. We
are not responsible for the quality and length of the songs as these
are the responsibility of the artist. All MP3 purchases will be stored
in your own 'music fans account' where you can safely download the
file. You will have 28 days from the purchase date to download your
song before the link disappears
When you place an order to purchase an MP3 files from the Website we
will send you an e-mail confirming receipt of your order and containing
the details of your order and how to collect item(s). Your order
represents an offer to us to purchase an item, which is accepted by us
when we send e-mail confirmation to you that we've made that product
available to you (the "Order Confirmation E-mail"). That acceptance
will be complete at the time we send the Order Confirmation E-mail to
you.
When placing an order for CDs and/or any other merchandise from the
Website, you are buying directly from the artist. We are not
responsible for delivery. We do not accept liability for any errors in
the description of goods on the Website.
17. REFUND POLICY
All membership sales are non-refundable. On all downloads you are able to preview what you are buying, there will be no refund available after purchase unless they are defective. In exceptional circumstances, refunds are given at the discretion of the management.
On all CD or merchandise buys you buying from the artist. , there will be no refund available after purchase unless they are defective. In exceptional circumstances, refunds are given at the discretion of the management.
18. Broken Links or Download Error
If you experience a problem when downloading material or encounter a broken link then please inform us immediately by sending an email giving details of item, date/time. Any incomplete order or permanent download error will be subject to a full refund of any amount paid to us.
19. Electronic Communication
When you visit the Website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.
21. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of England. You agree to submit to the non-exclusive jurisdiction of the English courts.
22. Privacy Policy
Your
information, whether public or private, will not be sold, exchanged,
transferred, or given to any other company for any reason whatsoever,
without your consent, other than for the express purpose of delivering
the purchased product or service requested.
The
email address you provide for order processing, will only be used to
send you information and updates pertaining to your order.
What information do we collect?
We collect information from you when you register on our site, place an order or subscribe to our newsletter.
When
ordering or registering on our site, as appropriate, you may be asked
to enter your: name, e-mail address, mailing address or credit card
information.
Like most websites, we use cookies and/or web
beacons to enhance your experience, gather general visitor information,
and track visits to our website. Please refer to the 'do we use
cookies?' section below for information about cookies and how we use
them.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience(your information helps us to better respond to your individual needs)
• To process transactions
• To administer a contest, promotion, survey or other site feature
• To send periodic emails
If
you decide to opt-in to our mailing list, you will receive emails that
may include company news, updates, related product or service
information, etc.
Note: If at any time you would like to
unsubscribe from receiving future emails, we include detailed
unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order
We
offer the use of a secure server. All supplied sensitive/credit
information is transmitted via Secure Socket Layer (SSL) technology and
then encrypted into our Payment gateway providers database only to be
accessible by those authorized with special access rights to such
systems, and are required to keep the information confidential.
After
a transaction, your private information (credit cards, social security
numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes
(Cookies are small files that a site or its service provider transfers
to your computers hard drive through your Web browser (if you allow)
that enables the sites or service providers systems to recognize your
browser and capture and remember certain information
We use cookies to help us remember and process the items in your shopping cart.
Do we disclose any information to outside parties?
We
do not sell, trade, or otherwise transfer to outside parties your
personally identifiable information. This does not include trusted
third parties who assist us in operating our website, conducting our
business, or servicing you, so long as those parties agree to keep this
information confidential. We may also release your information when we
believe release is appropriate to comply with the law, enforce our site
policies, or protect ours or others rights, property, or safety.
However, non-personally identifiable visitor information may be
provided to other parties for marketing, advertising, or other uses.
Childrens Online Privacy Protection Act Compliance
We
are in compliance with the requirements of COPPA (Childrens Online
Privacy Protection Act), we do not collect any information from anyone
under 13 years of age. Our website, products and services are all
directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our privacy policy
Changes to our Privacy Policy
If we decide to change our privacy policy, we will update the Privacy Policy modification date below.
This policy was last modified on 19/1/2009
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
Overplay
PO Box 11188
Sutton Coldfield
West Midlands
B76 1WX
England
service@overplay.com
|
|
|
|