Terms & Conditions
SUPAJAM SOCIAL NETWORK SERVICE WEBSITE TERMS AND CONDITIONS
Terms and conditions for the use of this site
Please read these terms and conditions carefully before using the website operated by Supajam. ('we', 'us') They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
By clicking on the 'I Accept' box clearly shown on our website you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
If you do not wish to be bound by these terms and conditions then you may not use our website.
- Nature of our website
- Our website describes how you can participate in Supajam in more detail. These terms and conditions govern your participation in Supajam at all times in whatever capacity you use it.
- Our website is a place for you primarily to post links and exchange views with other usersof Supajam on whatever subject you choose ( subject to the restrictions contained in these terms ) and post personal information about yourself and material of your choosing including,photographs, video clips, music and user generated content by email, on MP3 files via our website on the Internet ('the Content').
- We shall not be concerned with the day to day management of the Content and the Content which you submit to Supajam shall be your sole responsibility. We shall not interveneat any stage in such management nor shall we act as mediator in the event of any dispute between you and any other participant in Supajam.
- Modifications to website
- We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new contentand/or new features shall be subject to these terms and conditions.
- Please note that although we try to ensure that the content of our website is accurate,our website may contain typographical errors or other inaccuracies.
- License Granted by those who submit Content to Supajam
- If you submit Content to us you grant Supajam a non-exclusive right to make available the Content via the Internet during the period in which the Content is featured on Supajam, ( the "Licence Period") including making any alterations to the Content technically required to makethe Content available to other users of Supajam via the Internet.
- You grant us the right to display any promotional material relating to the Content.
- You shall observe any further obligations as part of the registration procedure and / or the upload procedure with Supajam (on a submission by submission basis).
- You irrevocably consent to us retaining data relating to you on a database (which means information stored by us in electronic form relating your personal information )and dealing with such data for the purpose of marketing and perhaps exploiting the Content. All databases shall remain our sole property notwithstanding the expiry of the Licence Period.
- You shall refrain from any act which would interfere with the exploitation of the rights granted hereunder.
- Following the expiry of the License Period we shall if requested by you use our bestendeavours to delete all copies of the Content and promotional material under our control save to the extent stored as data in any database.
- Permissions required of those who submit Content to Supajam
- You confirm to us that you are able to make the Content available to users of Supajam during the Licence Period.
- We may choose not to permit any Content or promotional material if in our reasonable opinion it is necessary to do so for legal, technical or marketing reasons.
- If, because of any act or default on our part, you are unable to make any Content available to users of Supajam for a period of thirty (30) days or longer then your sole remedy shall be to terminate the Licence Period in respect of that Content by giving us notice in writing. Your notice must state expressly whether you require us to remove your Content from the website.
- Music Royalties
- If you submit Content to us consisting of original musical works for which you are the copyright holder it is your sole responsibility to ensure that you have registered the music with a recognised royalty collection agency or publisher in order to ensure any royalties which might be due to you ("Royalty Payments").
- Royalty Payments due to you will be automatically processed in accordance with the licensing terms of the Music Alliance provided you have registered the Music with a recognised royalty collection agency or publisher.
- You agree to fully indemnify us and keep us fully indemnified against any liability, costs,damages or expenses whatsoever which we incur or suffer as consequence of your failing to register the music with a recognised royalty collection agency or publisher or otherwise doing anything which places you in breach of any third party rights in relation to the music.
- Warranties provided by those who submit Content to Supajam
You warrant, undertake and agree that:
- You are free to participate and submit Content to Supajam.
- You have not entered into any arrangement which might conflict with the service provided by Supajam and are not under any disability, restriction or prohibition which might prevent you from performing any of your obligations under these terms and conditions.
- The services rendered by you shall be original to you and shall not under laws in force in any part of the world be obscene or blasphemous or defamatory of any person or infringeany right of copyright or right of privacy or right of publicity or moral right or performers" right or performers" property right or any other right of any nature or any person;
- We shall at all times have absolute discretion as to whether to make available to users of Supajam or to continue or discontinue the making available to users of Supajam and as to the exploitation of the Content and the terms and conditions of promotion and advertising and all other related matters.
- You undertake to indemnify Supajam and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision legal costs of Supajam ), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.
- Information you provide to us and the Data Protection Act
- Your privacy is important to us and we will only use the information we collect about you in accordance with the Data Protection Act 1998. We collect information about you for two reasons, firstly to process your registration and second, to provide you with an excellent service. The following applies to any information you provide to us, for example during your participation on the website.
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties(together our "Partner Companies").
- We may use technology to establish patterns of behaviour of participants to our website. This includes the use of "cookies" which are stored on your browser. You can modify your browser to prevent such tracking.
- By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at email@example.com
- In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (allfalling within the definition "Content"):
- you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations standards and/or codes of practice;
- you must ensure that all Content submitted to us does not infringe the copyright,design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
- you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
- we have the right to monitor Content and may edit, reject or remove Content if webelieve it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
- You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnifiedon demand from and against all actions, claims, losses, liability, proceedings,damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
- You undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting, linking to or transmitting of any libellous, defamatory, inflammatory or obscene material.If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer then to any third parties. You must notify us immediately of any unauthorised use of them or breach of security regarding our website that comes to your attention.
- Applicability of online materials
- You assume total responsibility and risk for your use of our website and use of all information contained within it.
- We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material, content or Music on our website or services, or products offered through our website or services, or products offered through our website are contrary toor infringe any applicable law in your jurisdiction(s), you are not authorised to view oruse our website and you must exit immediately.
- Copyright and monitoring
The contents of our website are a combination of user generated content, published materials but also original works produced by us. Our works are protected by international copyright laws and other intellectual property rights. We are the owner of these rights together with our affiliate"s or other third party licensors. All product and company names and logos mentioned in our website are trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of using the website as a social networkresource. You acknowledge that if you modify, copy, reproduce, republish, upload,post, transmit or distribute, by any means or in any manner, any material or informationon or downloaded from our website including but not limited to the video, music, text, graphics, messages, codes and/or software unlawfully you do so on your own initiativeand we are not responsible for your actions.
- Linked Sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with or hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
- Save as otherwise required by any statutory provision, we exclude all express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any information featured on Supajam, our website or any information or service provided through our website.
- We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our websiteare provided on an "as is" basis and you assume total responsibility and risk for your useof our website and use of all information contained within it.
- We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.
- You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- You acknowledge that we cannot monitor at all times Content on our website. Supajam shall have no liability for any film content or other posting on our website which is offensive, defamatory, obscene or otherwise inappropriate. However, we shall upon notification of any such material immediately remove the same.
- The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
- We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
- We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version.You must check the terms and conditions on the website regularly.
- If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
- These terms and conditions and your use of our website are governed by English lawand you submit to the non-exclusive jurisdiction of the English courts.
- Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
- Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
- These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Unless the context otherwise requires the words and expressions used in these terms and conditions shall have the same meanings as are given to them in the Copyright Designs and Patents Act 1988 together with the Copyright and Related Rights Regulations 2003.
- No partnership or agency is created by your registering with Supajam and neither party shall represent otherwise.
- Neither you or Supajam shall bring any proceedings against the other in respect of these terms and conditions unless the party intending to bring proceedings first makes abona fide offer to participate immediately in a mediation conducted by a mutually agreed third party or a certified mediator and the other party has declined such offer. The costs of the mediator shall be borne by the party intending to bring proceedings but shall be subject to the mediation in any event. This clause shall not apply to the extent that oneparty requires immediate injunctive relief to protect its interests hereunder.
All notices shall be given:
- to us via e-mail at firstname.lastname@example.org or by post at Supajam Limited, 37 Warren Street, London W1P 5PD; or
- to you at either the e-mail or postal address you provide during the registration process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.