Acceptance of Terms and Conditions
Description of Service
- GetMedia is a hosting service provider providing USER with an Internet platform, electronic tools, features and services enabling USER to share and discover audio programmes / files and other media content with other users of GetMedia´s Website and Services.
- GetMedia´s Website and Services are provided on an “as is” and “as available” basis. USER acknowledges to use GetMedia´s Website and Services at own risk.
- When USER registers for GetMedia´s Services, USER may choose a username and password and will receive a user account from GetMedia. The USER is solely responsible for maintaining the confidentiality and security of his/her username, password and account, and shall be responsible for all uses of his/her username and password, whether or not authorised by USER.
- USER shall be liable for all activities and transactions occurring under USER´s account, except for damages caused by the gross negligent or intentional conduct of GetMedia.
- USER shall notify GetMedia immediately in writing of any unauthorised use of USER´s account including, without limitation, unauthorised use of USER´s password and/or username, or any other breach of confidentiality or data security.
- It is strictly prohibited to make use of any electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on GetMedia´s Website or Services, regardless of the purpose and/or configuration and/or mode of operation of such electronic tools. This does not include any legitimate means employed solely for using and connecting the GetMedia Application Programming Interface (“API”).
- USER can cancel his/her account at any time in the profile settings. USER is solely responsible for cancelling his/her account properly. A telephone request or email from USER to cancel the account will not be considered a proper cancellation. Upon cancellation of USER´s account, any and all music, videos, photos, pictures, graphics, comments, communications and other content, data or information of USER will be irretrievably deleted by GetMedia, with the exception of such data GetMedia may be obligated to store for a certain period of time in accordance with applicable laws and regulations.
User Generated Content
- Any and all music, videos, photos, pictures, graphics, comments, and other content, data or information that USER uploads, stores, transmits or submits to GetMedia´s Website (hereinafter “Content”) are generated by the USER, but not by GetMedia. USER´s Content therefore remains in USER´s sole property and responsibility.
- GetMedia does not claim any ownership rights in any Content and other materials which USER uploads, posts, stores or exchanges through GetMedia´s Website and Services.
- USER hereby expressly acknowledges and agrees that USER him-/herself, and not GetMedia, is fully responsible for all Content that USER uploads, posts, e-mails, transmits or otherwise makes available through GetMedia´s Website or Services.
- USER acknowledges that Content uploaded to, or transmitted through GetMedia´s Website or Services may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. USER must not upload, display, send, transmit or otherwise make available any Content in which USER does not have the appropriate rights to do so. Unauthorised copying, distribution, modification, display, public performance or other unauthorised use of copyrighted works by USER may constitute an infringement of the copyright holders’ rights and may result in civil litigation and criminal prosecution.
Representations and Warranties
USER represents and warrants to GetMedia that:
- USER´s Content shall be true, accurate, current, complete and not misleading;
- USER´s Content shall not violate the rights of any third party, including, but not limited to, copyrights, trademark rights and/or any other intellectual property rights;
- USER´s Content shall not create any liability for GetMedia or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
- USER´s Content is an original work by USER and/or USER has all necessary rights, licenses, consents and permissions to use, and to authorise GetMedia to use, any and all copyrights, performance rights or other intellectual property rights in and to USER´s Content in order to use the Content on GetMedia´s Website and Services;
- USER has any and all necessary consent, permission or release of any and all persons identifiable in the Content to use the name, photo, picture and likeness of those persons on GetMedia´s Website and Services.
No Liability for Content
- USER acknowledges that GetMedia, by providing the USER with the ability to view and distribute user-generated Content, is merely acting as a passive conduit (hosting service provider) for the distribution of such Content, and that GetMedia, to the extent permissible by law, does not undertake any obligation or liability relating to the Content or to the USERS’ activities.
- USER acknowledges and agrees that GetMedia cannot and does not generally review the Content created or uploaded by USER. USER acknowledges and agrees that GetMedia and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to generally monitor the Website for inappropriate Content.
- GetMedia and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content of GetMedia´s Website and Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
- GetMedia reserves the right to block, remove or delete any Content, communications, postings, and/or other data or information if GetMedia, in its own sole and unfettered discretion, has reason to believe that such Content and/or other data or information may infringe the rights of a third party, and in particular if GetMedia deems such Content and/or other data to be
- misleading, fraudulent, or deceptive; or
- defamatory, abusive, or obscene; or
- possibly in violation of a copyright, trademark, patent, trade secret, or other intellectual property right; or
- possibly in violation of any applicable law or regulation; or
- otherwise unacceptable.
- GetMedia will terminate a user’s access to its Services if, under appropriate circumstances, the user is determined to be a repeat infringer. A user is considered a repeat infringer if GetMedia receives more than three (3) legitimate infringement notices for such user´s account or in any other reasonable case.
Grant of License
GetMedia does not have any ownership rights in USER´s Content. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license GetMedia requires so that it can perform the Service for its users:
- By posting Content to the Website, to the extent required to enable the performance of the Services, USER grants GetMedia and its successors and assigns and other users of the GetMedia Services a limited worldwide, non-exclusive, royalty-free, fully paid up, license to use, copy, transmit or otherwise distribute, publicly perform, digitally perform, publicly display, and/or otherwise make USER´s Content available to other users of GetMedia´s Website and Services.
- This license does not grant GetMedia the right to sell USER´s Content or otherwise distribute it outside of GetMedia’s Website or Services, provided however, that streaming of Content on third party Websites via embedded widgets or the GetMedia API or similar tools (“Linked Services”) shall not be deemed a distribution outside of GetMedia´s Website or Service.
- USER may set further restrictions to the licenses granted under Subsections 1 to 3 of this Section at any time in the track settings, including but not limited to the restriction of the distribution of Content via Linked Services, or by marking Content “private”.
- The license granted under Subsections 1 to 3 will terminate after USER removes the Content from the Website. Notwithstanding the foregoing, USER understands and agrees that once Content is distributed to a Linked Service, GetMedia is not obligated to delete or ask other users or a Linked Service to delete that Content, and therefore that Content may continue to appear and be used indefinitely.
USER agrees to indemnify, defend and hold harmless GetMedia, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, suppliers, other users and their officers, directors and employees from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- any activity related to USER´s account, be it by USER him-/herself, or by any other person accessing USER´s account.
No Liability for Links, Third Party Websites and Services
- GetMedia´s Website and Services may contain features and functionalities that may link USER to, or provide USER with certain functionalities and access to, third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Websites”).
- GetMedia does not have any control over those External Websites, and is not responsible for their content or their use. By linking to an External Website, GetMedia does not represent or imply that it endorses such website, its content or any other information and/or material contained therein.
- USER is solely responsible for his/her dealings with any third party related to the External Website, including the delivery of and payment for goods and services. USER should make whatever investigation he/she feels necessary or useful before proceeding with any online or offline transaction with any third party related to External Websites. The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on External Websites.
- GetMedia disclaims any responsibility for any harm resulting from USER´s accessing External Websites, and USER irrevocably waives any claim against GetMedia with respect to such sites and third-party content.
Waiver of Claims
USER irrevocably waives the right to assert any claim against GetMedia or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders in relation to the Content generated, uploaded, transmitted or otherwise used on GetMedia´s Website or Services, including, but not limited to, copyright, trademark, unfair competition, invasion of privacy, breach of contract or breach of confidentiality.
Procedure in Case of Alleged Rights Infringements
- GetMedia encourages USER to notify GetMedia of any Content that USER believes to be in violation of copyright, trademark, any other intellectual property rights, or any other applicable law, or of any Content that contains undesirable texts or images of, or links or references to, pornography, violence, racism, or content that is otherwise discriminatory or objectionable.
- In case USER believes that his/her Content has been used by other users of GetMedia´s Website in a way that constitutes copyright infringement, or a violation of other intellectual property rights, please flag the Content you think is infringing using the “Report this track” button above the waveform of each player and provide GetMedia with the following information in writing via email to email@example.com or via postal mail to GetMedia, Community Media Association, 15 Paternoster Row, Sheffield, UK, S1 2BX.
- a specific description of the relevant work protected by copyright or other intellectual property right (hereinafter the “Work”), and where the Work is located on GetMedia;
- comprehensive evidence that USER claiming the infringement is the owner of the Work and all copyrights or intellectual property rights in and to the Work, or alternately, that USER is fully authorised to act on behalf of the owner of the Work and all related rights;
- a detailed explanation of the facts and circumstances that constitute the alleged copyright infringement or violation of other intellectual property right; and
- USER´s full name, postal address, telephone number and email address.
- Upon receipt of such notification and all required information and materials, GetMedia will examine the case, will contact the USER in due course, and will, in its sole discretion, determine if and (if so) what action to take in response to each such notification.
Data Protection, Privacy and Security
- GetMedia complies with the applicable data protection laws and regulations and uses all commercially viable measures to protect the confidentiality and security of communications transmitted via GetMedia´s Website and Services and information stored on servers controlled by GetMedia.
- USER shall under no circumstances
- violate or attempt to violate the data security of GetMedia;
- access data or materials which are not intended for USER;
- log into a server or account which USER is not authorised to access;
- attempt to probe, scan or test the vulnerability of GetMedia´s servers, system or network or to breach data security or authentication measures of GetMedia
- attempt to interfere with GetMedia´s service to any user, host or network, by any means including, without limitation, hacking GetMedia´s servers or systems, submitting a virus, overloading, “mail-bombing”, “flooding” or “crashing”, or by means of using electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on GetMedia´s Website or Services, regardless of the purpose and/or technical configuration of such electronic tools. This does not include any legitimate means employed solely for using and connecting the GetMedia API.
- USER´s violation of system or network security may result in civil procedures and/or criminal prosecution. GetMedia reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting any users who have participated in such violations.
GetMedia may run, host or support competitions, promotions, prize draws and other opportunities on the Website or in its Services and these opportunities will be subject to separate terms and conditions of the organiser of such opportunities. Details of the specific competition, promotion, prize draw and/or other opportunity and a link to the applicable terms and conditions will be posted on the Website. It is your responsibility to read those terms and conditions for details and any eligibility requirements. GetMedia does not bear any responsibility or liability for the actions of any third parties who organise or are otherwise involved in any of these opportunities.
Changes of Website and Services
- GetMedia may change or modify the products, services and functionalities of the Website and/or Services at any time without notice.
- USER agrees that GetMedia and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any changes or modifications of Website and/or Services and/or USER´s possibility to use or access GetMedia´s Website and/or Services.
Termination of Website and Services
- GetMedia reserves the right at any time to suspend, discontinue, terminate or close down its Website and/or Services (or any part thereof), temporarily or permanently, without notice.
- USER agrees that, GetMedia and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any suspension, discontinuance, termination or close down of the Website and/or Services and/or USER´s possibility to use or access GetMedia´s Website and/or Services.
Assignment of Rights and Duties to Third Parties
Applicable Law and Jursidiction
- The legal relationship between GetMedia and USER shall be subject to the laws of the England, UK, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law).
This Agreement constitutes the entire agreement between GetMedia and USER with respect to GetMedia´s Website and Services, and supersedes any prior agreement between GetMedia and USER.
Right of Revocation
If USER is a consumer in the European Union, USER may cancel registration for the free or premium account in text form (by email, letter or fax) without stating a reason within 14 days of registration. Furthermore, USER may cancel registration for the premium account in writing (by email, letter or fax) within 14 days without stating a reason, after changing from a free account to a premium account. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the cancellation of the Agreement to the following address:
Community Media Association
15 Paternoster Row
Tel: 0114 279 5219
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If USER is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to GetMedia, USER shall be obligated to reimburse GetMedia for the corresponding value. USER may avoid the duty to reimburse by not using the benefits as his own and by ceasing to do anything that affects the value of the benefit. Each party must fulfill its obligation for reimbursement within thirty (30) days. The deadline begins for USER with the sending of the cancellation; for GetMedia with the reception of the cancellation sent by USER. Notwithstanding the foregoing, the right to revoke the Agreement expires if both parties fulfilled their contractual obligations upon USER´s explicit consent before USER exercised the right of revocation.
Date: June 30, 2011