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Terms and conditions

9th December 2008

1. Introduction

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, 10A Quilter Meadow, Old Farm Park, Milton Keynes, MK7 8QD. ('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.'

2. Changes to we7.com and the Terms of Service

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.

3. Eligibility and Registration

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.

4. User Conduct and Appropriate Content

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 paragraph 4.

5. Conditions for Use

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:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  • Use other Users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Users
  • Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
  • Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by we7.
  • Create a false or misleading identity of,(including, but not limited to), a we7 employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
  • Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Use the we7 Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the we7 website.
  • Attempt to gain unauthorized access to the we7 Service, other accounts, computer systems or networks connected to the we7 Service, through password mining or any other means.
  • Modify, adapt, translate, or reverse engineer any portion of the we7 Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the we7 Service.
  • Reformat or frame any portion of the web pages that are part of the we7 Service.
  • Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the we7 Service.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Interfere with another User's use and enjoyment of the we7 Service.
  • Harvest or collect email addresses or other contact information of Users, including usernames, from the we7 website by electronic or other means.

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:

  • is libellous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive;
  • violates any law or regulation or the rights of others;
  • causes duress, distress or discomfort to another or is likely to deter or discourage others from using the we7 Service; and/or
  • infringes any intellectual property, proprietary rights or confidentiality obligations of others.

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:

  • attempt to or actually disrupt, impair or interfere with, alter or modify the we7 Service or any information, data or materials posted and/or displayed by us or anyone else;
  • act in a way that affects or reflects negatively on us, the we7 Service, or anyone else;
  • collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all applicable laws and regulations which are applicable to your use of the we7 Service.

You are prohibited from violating or attempting to violate the security of the we7 Service, including, without limitation:

  • accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorised to access;
  • attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent;
  • attempting to interfere with or disrupt the we7 Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or
  • sending unsolicited email or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  • by attempting (or encouraging others) to capture, copy, publicly perform, communicate to the public or download a streamed track.

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.

6. Service Suspensions

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.

7. Proprietary Rights, Royalty Payments, Rights Owners and Payment Events

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 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.

8. No Refunds

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 or download free advertising supported content and this ability to preview content prior to purchase will assist in your decision making prior to purchase.

9. Privacy Policy

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.

10. Copyright and Intellectual Property

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:

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
  • A description of the copyrighted protected content that you believe has been infringed upon;
  • A full description of where on the we7 website this content can be found (including the relevant URL and/ or screen shot);
  • Your address, telephone number, and email address;
  • A written statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
  • A written statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf.

10. Internet Access

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.

Termination of the we7 Service

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 click here. 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.

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.

13. Disclaimer of Warranties

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.

14.Hold Harmless and Indemnity

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.

15. Limitation of Liability

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).

16. Notices

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.

17. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the we7 Services.

18. Miscellaneous

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.

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