Terms of Use
Updated on: January 10, 2011
IMPORTANT
PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THE WEBSITE OR ANY OF THE PROPERTIES (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
1. General Rules and Definitions
ESMG Music Ltd, including its owners, parents, subsidiaries, affiliates, licensors, directors, officers, managers, members, agents and employees (“ESMG Music Ltd”), requires that all visitors to its Internet sites, applicable to esmgmusic.com, www.punchtrack.net, shureplay.com and related properties (together, the “Websites”), adhere to the following Terms of Use.
By accessing or using any of the Websites, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use the Websites.
In consideration of your use of any of the Websites, you represent that you are at least thirteen years old and are not a person barred from using the Websites under the laws of United Kingdom or other applicable jurisdiction.
ESMG Music Ltd reserves the right to change these Terms of Use at its sole discretion and at any time without personal notice to you. If ESMG Music Ltd makes a material change to these Terms of Use, ESMG Music Ltd will update this page and post a notice on the Websites’ homepages for a reasonable period of time, and will indicate the effective date of the changes at the top of both pages. Your continued use of the Websites constitutes your acceptance of any changes.
2. Intellectual Property
A. Ownership; License
ESMG Music Ltd owns, operates, licenses, controls, and provides access to the Websites. All past, present, and future information, materials, applications, software, and other contents of the Websites are the property of ESMG Music Ltd unless otherwise noted and are protected by applicable intellectual property and other laws. All trademarks, logos, service marks, trade names, and trade dress are proprietary to ESMG Music Ltd unless otherwise noted and are protected by applicable intellectual property and other laws. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by ESMG Music Ltd, no rights (either by implication, estoppel or otherwise) in or to any of the Websites or their contents are granted to you.
The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the contents of any of the Websites, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
Subject to your compliance with these Terms of Use, ESMG Music Ltd grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
1. listen to music and view videos streamed from the Websites, and participate in the Websites’ community areas;
2. create profile pages on the Websites for non-commercial and private use;
3. communicate with other members of the Websites’ communities;
4. embed and display the contents of the Websites on your own personal website or other non-commercial external websites; and
5. download the contents of the Websites onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein
B. User Uploaded Information
The Websites may allow you to upload or submit information, software, text, images, audio, video, and other materials to, through or on the Websites (“User Uploaded Information”). For example, the Websites may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. ESMG Music Ltd does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk. ESMG Music Ltd reserves the right, to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. ESMG Music Ltd undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information. You agree not to accept payment for User Uploaded Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Uploaded Information.
You are solely responsible for all User Uploaded Information that you make available via any of the Websites. Under no circumstances will ESMG Music Ltd be liable to you in any way for any User Uploaded Information that you upload, post, or otherwise make available via any of the Websites including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information.
When you upload User Uploaded Information via the Websites, you grant to ESMG Music Ltd, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.
C. Copyright
ESMG Music Ltd reserves the right to remove any content contained in or posted to the Websites that allegedly infringes another person’s copyright.
Notices to ESMG Music Ltd regarding any alleged copyright infringement on the Websites should be directed to ESMG Music Ltd’s agent at terms@esmgmusic.com.
Please follow the procedures for reporting suspected infringement available at the bottom of the page.
3. III. ~ User Accounts, Additional Terms, End User License Agreements & Subscriptions
The creation of a user account may be required for the use of certain portions of the Websites (e.g., e-mail, newsletters, competitions, forums, content downloads, promotions, etc.), and certain contents and services of the Websites may only be accessed through purchase or paid subscription. In some instances, special terms and/or end user license agreements apply to some services, products, software, competitions or promotions offered via the Websites. Such terms are posted in connection with the applicable service, product, software, competition or promotion and are in addition to these Terms of Use. In the event of a conflict, the additional terms prevail over these Terms of Use. ESMG Music Ltd may change, suspend or discontinue any aspect of the Websites at any time and without prior notice.
You agree that any information that you provide to the Websites shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with any of the Websites, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Websites using your name, user name or password in whole or in part. Personally identifiable information that may be received at the Websites is provided voluntarily by a visitor to any of the Websites and is governed by the terms of our Privacy Policy.
4. IV. Restrictions on Use
The Websites are provided for lawful purposes only. By accessing or using the Websites, you agree and warrant that in connection with your use of the Websites you will not:
• alter any trademark, copyright and other proprietary or legal notices contained in the Websites; or
• manipulate the Websites in any way not intended and directed by ESMG Music Ltd; or
• copy or seek to copy or “rip” any audio and/or audiovisual content from the Websites; or
• exploit any part of the Websites for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of ESMG Music Ltd, including, for example, inserting your own or a third party’s advertising, branding or promotional content into any of the Websites’ contents, materials or services; or
• upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in ESMG Music Ltd’s sole discretion is otherwise objectionable; or
information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Websites or interferes with, overburdens, impairs or disrupts the Websites, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation;
• use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
• impersonate another person or entity; or
• engage in any conduct that in ESMG Music Ltd’s sole discretion restricts the ability of any other person to enjoy the use of any of the Websites; or
• solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.
V. Termination
You may terminate your account by submitting a termination request to ESMG Music Ltd. ESMG Music Ltd reserves the right to restrict, suspend, deny or terminate access to all or part of any of the Websites and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms of Use may be referred to law enforcement authorities.
VI. Third Party Content and Linked Sites
Third parties provide some of the contents of the Websites. ESMG Music Ltd makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.
In addition, third parties may offer goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. ESMG Music Ltd will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Under certain circumstances, ESMG Music Ltd may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to products, services or publications within the Websites do not imply endorsement by ESMG Music Ltd of that product, service or publication.
The Websites may include links to other sites that are not maintained by ESMG Music Ltd. ESMG Music Ltd is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content.. ESMG Music Ltd shall have no liability for any loss or damage arising from your use of any such site.
VII. Disclaimer; Restriction of Liability
The Websites and their contents are provided “as is” and “as available.” To the fullest extent permissible by applicable law, ESMG Music Ltd disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, noninfringement and fitness for a particular purpose.
ESMG Music Ltd will not be liable for any damages or injury caused by any use of the Websites or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the Websites. ESMG Music Ltd will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (1) the Websites or User Uploaded Information; (2) the use of, inability to use, or performance of the Websites or any of the contents or features thereon; (3) any action taken in connection with an investigation by ESMG Music Ltd or law enforcement authorities regarding your use of the Websites or the contents thereof; (4) any action taken by or in connection with copyright owners; (5) any errors or omissions in the Websites’ technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Websites).
VIII. Jurisdiction
ESMG Music Ltd controls and operates the Websites and makes no representation that the contents of the Websites are appropriate or available for use outside of UK. If you use any of the Websites from a location outside UK, you are responsible for compliance with applicable Sweden. and local laws, including export and import laws.
IX. Miscellaneous
These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of UK, without regard to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the federal courts located in UK, for all matters involving you and ESMG Music Ltd.
If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Terms of Use and any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Websites.
Nothing in these Terms of Use is intended to confer on any third party any benefit or any right under any legislation in any country to enforce the provisions of these Terms of Use.
RIDER
If you are a copyright owner or an agent thereof and believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ESMG Music Ltd’s General Counsel’s Office with the following information:
1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of where the material that you claim is infringing is located on the site;
3. your address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
ESMG Music Ltd’s General Counsel’s Office should be contacted at the following address: legal@esmgmusic.com.