16 February 2011
Welcome to the we7 website the next generation music download site where users can access, download, stream and preview digital entertainment, find new bands and decide the future of music ('we7 Service'). The we7 website is operated by we7 Ltd with company number: 05717612 and registered office address, 17 Cosgrove Road, Old Stratford, Milton Keynes, MK19 6AG. ('we7'). By using the we7 Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'written agreement signed by you.'
The we7 Service offered varies by territory and may include any or all of the following services:
You will not be allowed to access your we7 Service account from multiple devices (e.g. computers or mobile handsets) at the same time.
The we7 Premium Service and we7 Premium+ service are together referred to as the "we7 Subscription Services".
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time with or without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's updated date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Our policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on the we7 website without the consent and supervision of a parent or legal guardian, unless permitted by applicable law. By registering for the we7 Service, you represent and warrant that you are not a "Minor" acting without the consent and supervision of a parent or legal guardian and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a we7.com user ('User'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
The we7 Service is made available for your personal use only. You may not use the we7 Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United Kingdom or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the we7 Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does we7 have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any User's use of the we7 Service. we7 cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the we7 Service. By way of example, and not as a limitation, you agree NOT to:
By enrolling in the we7 Service, you acknowledge and agree that you have no right to provide any files obtained through the we7 Service to any other party or through any other means save as otherwise provided through the we7 sharing service (as detailed on the we7 website). You may only make copies of any file obtained through the Service for your own personal use and that sharing of any music files belonging to other rights holders will only be shared via the we7 sharing service (as detailed on the we7 website).
Because the we7 Service is designed for personal downloading and use, you are not allowed to use any automated system for the selection or downloading of files. we7 reserves the right to immediately and permanently terminate your access to the Service if we7 believes that you are violating such limitation.
You represent and warrant that you own or otherwise control all of the rights to any Materials that you post to the we7 website and you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the we7 Service.
You may not use or allow others to use, your IDs and/or the we7 Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the we7 Service, that:
You are solely responsible and liable for any such activity, behaviour, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.
You also may not use, nor allow others to use, your ID(s), the we7 Service, directly or indirectly, to:
You are prohibited from violating or attempting to violate the security of the we7 Service, including, without limitation:
You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the we7 Service and/or the we7 website including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer's functionality or operation.
we7 derives its rights to use the musical tracks offered on the we7 Service from artists and record labels for fixed periods of time and, sometimes, for limited territories (WE7 Licence Restrictions). we7 is sometimes required to pull certain tracks off the Service for legal reasons. Therefore, certain tracks offered or advertised by we7 may not be available when you try to download, and not all tracks are available in all countries. You are prohibited from violating or attempting to violate any WE7 Licence Restrictions either by using international proxies or any other technological measures or otherwise violating or attempting to violate any territorial limitations or other conditions of use or access of tracks.
we7 will make reasonable efforts to keep the we7 website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of we7 may, from time to time, result in temporary service interruptions. we7 also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the we7 Service with or without notice. You agree that we7 shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the we7 Service.
You shall enter into a separate Digital Distribution Services Agreement ("the DDS Agreement") with us which shall detail the terms of our agreement with respect to any Materials that you wish to submit to we7. For the avoidance of doubt we7 does not claim any ownership rights in any Materials that you submit, post, or display on or through the we7 Services or on the we7 website. After submitting, posting or displaying Materials on or through the we7 Services or on the we7 website, you will continue to retain all ownership rights in such Materials, and you will continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the we7 Service and entering into the DDS Agreement you will have granted to we7 a limited license to use, modify, publicly perform, stream, publicly display, reproduce, and distribute such Materials (including for the avoidance of doubt allowing we7 the right to embed advertisements and/or messages in or around the Materials and include any Materials as part of RSS feeds and/or Podcasts) solely on and/or through the we7 Service.
The license you grant to we7 via the DDS Agreement will be non-exclusive (meaning you are free to license your Materials to anyone else in addition to we7), and any royalty/payment to you will be covered in the DDS Agreement. In the event of a payment becoming due, the payment will be made to the single person/account authorised as being responsible for receiving payment as communicated to us in writing at the time of registration and we7 will not be responsible to share proceeds from downloads to rights owners other than the single contact identified at registration. As specified in the DDS Agreement given the potential transaction costs, we7 and the rights owners agree that payments will only be made when the cumulative download balance exceeds £20 (Twenty Pounds UK Sterling) and a payment account will be classed as dormant and will cease to become due for payment or any liability if the total payment due is less than £20 and no active transactions have occurred for a period of 12(twelve) months.
By entering into the DDS Agreement you will have granted us the right to stream your materials and that any streaming of your materials for purpose of reviewing content will be royalty free (meaning we7 is not required to make any payment) and we7 will be entitled to sublicense all rights granted by you (so that we7 is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the we7 Service). You represent and warrant that:
we7 and its affiliates and licensors own and retain all rights in the we7 web site and we7 Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the we7 Service by we7. Except as expressly authorized by we7 you may not copy, modify, publish, transmit, distribute, perform, display or sell any of we7's proprietary information. 'we7' is a trademark of we7, Ltd.
Please note that we are unable to accept cancellation of any orders for paid-for digital downloads, nor offer any refund for such orders, once downloading has commenced. All such sales are final and a sale is confirmed immediately when you begin to download paid for content from the we7 Website and you will have no right to cancel your contract once the sale commences. The we7 service enables you to preview content for free and this ability to preview content prior to purchase will assist in your decision making prior to purchase.
Please note that upon termination of your we7 Subscription Services we7 will not refund any remaining portion of fees paid.
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
Website Content
The we7 website and the underlying computer code used by us to design, operate and maintain the website and all content and material contained within or available on the Website is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the we7 website. Notwithstanding the above, you may use the content and materials on the Website in the course of your normal, personal, non-commercial use of the we7 website.
COPYRIGHT COMPLAINTS
We respect the ownership of copyright and other intellectual property rights of others and we have made all reasonable endeavours to acquire the consent of the copyright owners to the content provided on the we7 website. We will upon notice of any actual or potential infringement of copyright in such content either seek to acquire the consent of the copyright owner to use such content or, if this is not possible, immediately remove the infringing or potentially infringing content from the we7 website.
If you believe that your work or the work of a third party has been used on the we7 website in such a way that constitutes copyright infringement, please contact us and provide us with the written information specified below:
we7 shall not be responsible for any connection or access to the we7 website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the we7 website via the Internet, and the Internet access charges thereon.
By registering for the we7 Premium and we7 Premium+ Subscription Services you agree to pay the relevant fee for the service you select in accordance with the pricing level which can be found at http://subscription.we7.com/#/join/. Payment will be taken when you first register for the we7 Premium Subscription Services and will last for a one month term ("Term"). Your subscription will automatically renew at the end of the Term unless you terminate your subscription in accordance with section 13 (Termination). Payment will be taken in advance of each Term via PayPal or any other payment mechanism that we inform you of as being acceptable and which you choose to use for payment.
You will be able to see the date of renewal for your we7 Premium Subscription Service in your profile page and via the Premium Subscription Menu.
we7 may from time to time change the price of the we7 Premium Subscription Services and will communicate such price changes to you. Any change in the price will take effect from the next Term. Your continued use of the we7 Subscription Service after the communication of any price change constitutes acceptance of the price change.
These Terms of Service will apply to your use of the we7 Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To cancel your account mail support@we7.com. We may terminate your downloader status immediately at any time, for any reason. Once your downloader status terminates, you will have no right to use the we7 Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your downloader status.
This Agreement will become effective immediately upon you registering for the we7 Service and will continue until terminated by you or we7. You may cancel your we7 Subscription Services at any time via your profile page and the termination will be effective on the expiry of the current Term that you have already paid for. we7 will not refund any remaining portion of fees paid for your we7 Subscription Services.
we7 may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the we7 Service, or any part thereof, with or without notice. You agree that any termination of access to the we7 Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that we7 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the we7 Service. Where possible, we7 will use reasonable efforts to give Users fair notice of termination or suspension of their access to the we7 Service. Further you agree that we7 shall not be liable to you or any third party for any termination or suspension of access to the we7 Service or modification of the we7 Service. You will not be entitled to any refund of any amounts previously paid and we7 will not be liable or responsible to you for any termination of this Agreement by it.
Only handsets with the applicable application are able to access the we7 Premium+ Service. A list of handsets that support the we7 Premium+ Service can be found at http://www.we7.com/mobile/. we7 has no obligation to support any model or make of handset.
From time to time we7 will issue promotional codes either via publications, third parties or directly from we7 itself to its customers. Promotional codes provided direct to customers by we7 are non-transferable, non-refundable, cannot be exchanged for money and are only valid for a limited period of time. The expiry date can and may be changed. Promotional codes are not valid in conjunction with any other offer or promotion. we7 reserves the right to terminate the validity of any promotional code at any time.
we7, and its affiliates, licensors, partners, downloaders, suppliers, employees, consultants and agents ('the we7 Family') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the we7 Service.
The we7 Family further expressly disclaims (1) that the we7 Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the we7 Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the we7 Service or the content made available as part of the we7 Service will be correct, accurate, timely, or otherwise reliable.
we7 Family expressly disclaims any and all responsibility and liability for the conduct of any other User, and expressly disclaims that the content and Materials of the we7 Service input by other Users is correct or accurate.
THE we7 SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE we7 SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. we7 EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT YOUR USE OF THE we7 SERVICE IS ENTIRELY AT YOUR OWN RISK.
You agree to hold harmless and indemnify, and at we7's request defend, we7, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, downloaders, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the we7 Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, we7 will provide you with written notice of such claim, suit or action.
we7 will endeavour to ensure that the we7 Subscription Services are advert free. we7 will not be liable to refund any fees paid for the we7 Subscription Services if adverts are broadcast to you.
YOUR USE OF THE we7 SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL we7, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE we7 SERVICE, WHETHER OR NOT we7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE we7 SERVICE, FROM INABILITY TO USE THE we7 SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE we7 SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE we7 SERVICE OR ANY PART OF THE we7 SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE we7 SERVICE AND ITS RELATED WEBSITE. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL we7 BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIVE HUNDRED POUNDS £500.00).
we7 may provide you with notices regarding the we7 Service or these Terms of we7 Service by regular mail, email, or postings to this Web site.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the we7 Services.
These Terms of Service will be governed by and construed in accordance with the laws of England and Wales, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the exclusive jurisdiction of the courts located in London, England.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall we7 be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and we7 with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these Terms of Service by a party will be effective only if in writing and signed by a party.
Welcome to we7, the next generation music service where users can get the digital entertainment they want free, legally, safely and share between friends, family and other users. we7 are passionate about music and respect artists and their craft. The founders and employees of we7 take your privacy very seriously. To make it easier for you to read and understand our privacy policy, we have written it in plain English and a reasonably short length.
When you register to become a user of we7, you submit information such as your name, year of birth, gender, postcode/zipcode and email address. Over time you may provide or we will ask you to provide additional information which will extend your personal profile so we can increase our ability to ensure relevance of any messaging, you may choose to provide additional information to help this process.
We also collect other non-personally identifiable data, which may include your IP address and what browser you are using.
We will display your personal information on your profile according to the preferences you set in your account. We will use your name so that we can personalise your experience. We will use your email address to contact you from time to time and we will use your email address for security reasons to confirm that you are who you say you are. You can control the types and frequencies of certain emails you receive.
In the event that you do not want we7 to use your email address to contact you from time to time kindly send an email from your membership/user address headed "NO MORE we7 MARKETING EMAILS" to info@we7.com.
We may use the non-personally identifiable information, like your IP address, to statistically analyse site usage and to customise our site's content, layout and services. The resulting information will allow us to improve our site and better understand and serve our users.
To enable delivery of free, safe, legal music we will use the non-personally identifiable information to decide what ad/message to include with chosen tracks to download or stream.
we7 use a trusted 3rd party to allow our users the convenience of logging into the site using their social network - your details are kept safe and will never be used to spam you.
We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect the rights and property of we7, its affiliates or the public. We may also cooperate with law enforcement agencies in any official investigation and we may disclose your personally identifiable information to the relevant agency in doing so.
With the exception of "Bands" who chose to have details in the public domain we will not share your identifiable personal data with other users unless you specifically choose to do so.
At a future time it is intended that you can choose to make your profile visible to users of we7 by editing your profile and opting in to "accessible profile".
One of our goals is to enrich the Band-Fan relationship as well as building relationships with other communities and other music related business. We reserve the right to share information between any such relationships, which may or may not involve financial payment between we7 and other parties.
You can review and revise your personal profile at any time.
Whenever you voluntarily post personal information in public areas, like journals, weblogs, reviews, message boards, and forums, you should be aware that this information can be accessed by the public and can in turn be used by others to send you unsolicited communications. Please exercise discretion in deciding what information you disclose.
Our policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on this site without the consent of a parent or legal guardian, unless permitted by applicable local law.
This Privacy Policy statement is effective as of 19th August 2011.
Cookies are a standard Internet technology, and many major web sites use them to provide useful features for their members. Cookies allow us to store and retrieve login information on a user's system. They provide us with data that we can use to improve the quality of our service and make it easier to use. Most browsers are initially set up to accept cookies. If you'd prefer, you can set yours to refuse cookies. However, you may not be able to take full advantage of our web site if you do so.
we7 may share profile information in a personally identifiable manner and aggregate usage information in a non-personally identifiable manner to advertisers and other third parties in order to present to users more targeted advertising, products and services. Advertisements that appear on this web site and added to digital downloads are delivered to users by ourselves and our advertising partners. Our advertising partners may set cookies.
In the event that we7 goes through a business transition such as a merger, acquisition by another company, or sells a portion of its assets, users' information, in most instances, is a part of the assets transferred. Such a transfer will not be considered a violation of or deviation from this policy.
The security of your personal information depends on your protection of your account password. Please do not disclose your account password to unauthorised people. we7 uses industry standard technology designed to help keep your personal information safe. If you have any other questions about the security of our website, please contact us.
By using the we7 site you accept and give your consent that data obtained in connection with your use of this site may be transferred, if permitted by applicable local legislation across international borders to server locations supporting the we7 website for operating and developing the we7 website and services.
From time to time we may update this Privacy Policy and will post a notice of any significant changes on our website. You should visit this page periodically to review any such changes to the privacy policy. Your continued use of this website or our service and/or continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Policy.
You always have the option to cancel your membership at any time. If you wish to cancel your membership please email us.
If you have any questions about this privacy statement, the practices of this website or your dealings with this website, you can contact us via the contact us page, or by writing to:
Support Department
we7 Ltd
Manches Building,
9400 Garsington Road,
Oxford Business Park,
Oxford,
OX4 2HN.