Terms & Conditions Privacy Legal Links

Terms and conditions of use

June 2011

1. INTRODUCTION

Welcome to the TP4M digital services. Services are available on the website theplace4music.com and any other services, analogous to, and or via the web, personal computer, mobile device, connected device, and application programming interface (collectively the “website”). The website services are available to you by The Place 4 Music ("TP4M/we/us").

We are committed to providing an excellent user experience to you when you use the TP4M digital service. If you have any questions or queries about the digital service or these terms and conditions we would be delighted to help. Please contact us at via the contact page.

2. ABOUT TP4M

The Place 4 Music is wholly owned by European Management Education & Learning (e-mel) LLP, a limited liability partnership number OC303000 registered in England, registered address 55 West Street, Marlow, Buckinghamshire SL7 2LS. VAT number GB 913 4618 34.

3. ACCEPTANCE OF TERMS

3.1 In order for us to provide the digital services to you, you must agree to be bound by these terms. These terms will form a legally binding contract between us and you so please do take the time to read these terms and make sure you understand them. If you use the website you will be agreeing to accept these terms. If you do not agree to accept these terms you must not use the website/digital services.

3.2 We recommend you review these terms each time you purchase digital items from this website and print a copy of them for your future reference as we intend to rely upon them. If you are uncertain about your rights or think the terms are not complete/accurate, please contact us before placing an order so we can discuss your query/concern.

4. TP4M'S RIGHT TO AMEND THESE TERMS

4.1 The Place 4 Music reserve the right to change, modify, add to, or delete portions of these terms at any time including to reflect changes affecting the website services/capability, technology, licensing arrangements, payment methods, relevant laws and regulatory requirements.

4.2 If TP4M does change the terms, we will post the changes on this page and will indicate the effective date at the top. You are responsible for regularly reviewing these terms so that you are aware of any changes. Your continued use of the website and/or Services (as defined in section 5 below) after any such changes constitutes your acceptance of the new terms and you will be subject to the policies and terms in force at the time that you order digital items from us. If you do not agree to (or cannot comply with) the terms as amended, please do not use the website/Services.

4.3 From time to time, specific terms may apply in addition to or replace these terms in respect of certain items available on the website. For example, additional terms such as age restrictions may apply to album purchases. These specific terms will be clearly indicated and featured on the website as part of the order process for the relevant digital item.

5. THE SERVICES

5.1 Description of the services – This website provides digital media download and streaming services (the "Services”) designed to enable you to purchase/listen to legal digital media. The Services are for your own personal and non-commercial use and you are not authorised to make any copies of any downloads other than for your own personal non-commercial use. You are not authorised to make any copies of streams.

5.2 Format - The standard digital formats offered on this website are MP3 and FLAC. We also offer CD and Vinyl formats on some products, but these are mailed to you. We can make other formats available to you on request, but prices for these will only be available by request. Contact us for further information.

5.3 Samples - We offer samples. A “Sample” is a portion of a song that you can play directly from and while you are on the website on a promotional basis at no cost to you. You may play as many samples as you like. You may not attempt (or assist others’ attempts) to capture, copy, or download a sample.

5.4 Hardware - You will need certain items of hardware and access to the internet in order to use the Services. You must provide these are your own cost. Without limiting any provision herein, TP4M makes no warranty that any particular computer, portable device, or other hardware will be compatible with this website/the Services. It is your responsibility to ensure that your hardware and playback system(s) will function correctly with the Services.

5.5 Age restrictions on use of the services - You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these terms to your parent or legal guardian, and he or she may consent to them on your behalf. Children under the age of 13 may not register for the Services and parents or legal guardians may not register on their behalf.

5.6 Children and parental supervision - We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children to access and use the Services should supervise such access and use. It is the parent/guardian's responsibility to determine which, if any, parts of the Services are suitable for your child to access. Parents/Guardians are fully responsible for their child's use of the website/Services, including all financial charges and legal liability that they may incur. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

5.7 Territorial restrictions on use of the Services - The items featured on this website are only available for purchase by customers resident in the United Kingdom with a billing address in the UK.

5.8 Objectionable Material. You understand that by using the Services, you may encounter content that may be deemed explicit, offensive, indecent or objectionable, which content may or may not be identified as such. Please bear this in mind as you agree to use the Services at your risk and TP4M will not be liable to you for content that may be found to be explicit, offensive, indecent or objectionable. We may label some items as “explicit” or "parental advisory" but cannot guarantee we will do this nor guarantee the accuracy of any descriptions provided on this website.

6. SALES PROCESS – PLACING AN ORDER, DELIVERY AND REFUNDS

6.1 How the contract is formed - The contract for the purchase of any digital item will be between you and TP4M and will only be formed when TP4M make the item available for download or stream and have received payment in full for the item. Until TP4M makes the item available for download or stream and receives payment in full there is no contract between you and TP4M for the item. TP4M reserves the right, in its sole discretion to reject any order it receives.

6.2 Availability - All digital items featured on the website are subject to availability. We reserve the right to change or remove a digital item or other content on the website at any time without notice or liability to you. For example, we may have obtained rights from a record label to make a particular piece available and, in the event we lose these rights, we will need to remove the digital item and make it unavailable for purchase.

6.3 Price – Subject to sections 6.4 and 6.5, the price of any digital item will be as quoted on this website at the then current time, except in the case of obvious error. This price will include VAT. Prices are subject to change at any time.

6.4 Incorrect prices - We use our best efforts to ensure that the prices of digital items displayed on our website are correct. However, the website contains a number of digital items and it is always possible that, despite our best efforts, some may be incorrectly priced. If an error or inaccuracy is discovered and we have not yet taken payment and made the digital item available for download we will normally reject your order and notify you of such rejection.

6.5 We are under no obligation to provide the items to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract in the case of obvious and unmistakable pricing errors.

6.6 Payment methods - Payment for all digital items must be by one of the payment methods displayed on our website at the then current time. By providing the details of a credit or debit card or a Paypal account to be billed, you confirm that you are authorised to purchase the digital items and that you are the holder of the relevant card or debit card or are expressly authorised to use such.

6.7 Refunds/returns - All sales of digital items are final, non-exchangeable and non-refundable. You are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. If you have a faulty, incorrect or incomplete download please contact us at via the help page. We will replace any such faulty or damaged digital item if reasonably possible or we may issue a refund. You must notify us of any such fault or damage within a reasonable period of time of download of the digital item. If you fail to notify us within a reasonable time, we will have no liability to you.

7. REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY

7.1 Registration and use of services - There is no need to register or open an account with TP4M, as we use third party payment entities and deliver authorisation to download to you by e-mail. That does, however, mean that you must present a valid e-mail address and valid payment information. By this, you represent that (i) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over; and (ii) you have provided accurate and truthful information in the registration process. By using the Services you represent that (i) you are of the required legal age where an item has an age classification; (ii) you are purchasing items only for private non-commercial use; and (iii) you comply with the territorial restrictions set out in these terms at section 5.7.

7.2 Personal Information – By using the Services and/or registering you agree we may hold, store and use the personal information you provide for the purpose of providing the Services and as detailed in our privacy policy – see section 11.

8. YOUR USE OF THE WEBSITE/SERVICES AND CONTENT ON THE WEBSITE

8.1 Intellectual Property in the website - The website and its look and feel (including without limitation the website design, text, graphics and all software and source codes connected with the website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. Excluding the digital items made available for purchase none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of TP4M. You may use the digital items in accordance with the remainder of these terms.

8.2 Digital Rights Management - You understand that some of the digital items on the website include a security framework using technology that protects digital information. You agree to limit your usage of the content to certain usage rules established by TP4M and our licensors (“Content Usage Rules”). You agree to comply fully with such Content Usage Rules set out at section 8.3 below and such additional content usage rules as indicated on the website or otherwise notified to you (whether in respect of a particular digital item or otherwise).

8.3 Content Usage Rules

8.3.1 You are authorised to use the digital items only for personal, non-commercial use, and you are not permitted to redistribute, sell, rent, lend, transfer, assign, transmit, broadcast, adapt, edit, commercially exploit or sublicence digital items made available through this website;

8.3.2 You will not use the website/Services for any purpose that is unlawful or prohibited by these terms;

8.3.3 You agree not to use any information, digital item or material in any manner that infringes any copyright, trade mark, patent or other proprietary right of any party;

8.3.4 You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with or modify any security technology or software that is part of the Services or used to administer any Content Usage Rules, or interfere with, remove or alter any rights management information on the digital item;

8.3.5 You acknowledge that digital items in the MP3 or FLAC format do not contain security technology that limits your usage of such and you agree to use them only as reasonably necessary for personal, non-commercial use;

8.3.6 Notwithstanding section 8.3.5, you are only authorised to use the digital items on up to five authorised devices at any time. HMV reserves the right to limit the number of authorised devices further and the number of authorised downloads to comply with the wishes of its licensors. These limits will be notified to you on the website at the relevant point;

8.3.7 You may not use digital items as a musical “ringer” in connection with mobile phone calls;

8.3.8 You agree the delivery of digital items does not transfer to you any commercial or promotional use rights in them.

8.4 Nothing in these terms grants to you any rights in any digital item other than those expressly set out herein.

8.5 Uploaded/posted material – There may be areas on the website/Services where you can upload material or post comments. TP4M do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you grant TP4M a world-wide, royalty free, perpetual, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such material.

8.6 You agree not to:

8.6.1 use the website/Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

8.6.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

8.6.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

8.6.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

8.6.5 use any information or material in any manner that infringes any copyright, trade mark, patent or other intellectual property or proprietary right of any party;

8.6.6 make available or upload files/materials that contain a virus, worm, trojan or corrupt data that may damage the operation of the website, Services, computer or property of another;

8.6.7 collect or store personal information about others, including email addresses;

8.6.8 advertise or offer to buy or sell goods or services for any commercial purpose;

8.6.9 impersonate any person or entity for the purpose of misleading others;

8.6.10 violate any applicable laws or regulations;

8.6.11 use the website/Services in any manner that could damage, disable, overburden or impair the website/Services or interfere with any other party's use and enjoyment of the website/Services;

8.6.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or that is under contractual or fiduciary relationships (such as insider information or confidential information disclosed in the course of employment or under a confidentiality agreement);

8.6.13 attempt to gain unauthorised access to any of the Services, other customer accounts, computer systems or networks connected to the website/Services through hacking, password mining or any other means.

8.7 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials uploaded/posted by you or other website users (“User Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such User Content originated. We do not control or endorse the User Content and cannot guarantee the accuracy, integrity or quality of such User Content and you acknowledge that by using the Services you may be exposed to User Content that is offensive and/or indecent. TP4M will not be liable in any way for any User Content or for any loss or damage of any kind resulting from the use of any User Content transmitted via the Services and you agree to bear all risks associated with the use of any User Content, including any reliance on the accuracy or completeness of such User Content.

8.8 Monitoring - We have no obligation to monitor the Services but shall be entitled to review materials posted to or via the website and, at our sole discretion, to remove any material that breaches these terms or is otherwise objectionable.

9. IF YOU BREACH THESE TERMS OR CONTENT USAGE RULES

9.1 If you are in breach of, or we suspect you are in breach of, these terms then we may take any/all of the following actions:-

9.1.1 issue a warning to you;

9.1.2 effect an immediate, temporary or permanent withdrawal of any access to your our materials and/or the website/Services however you will remain responsible for all outstanding amounts owed to us;

9.1.3 take legal action against you; and/or

9.1.4 disclose such information to law enforcement authorities as we reasonably feel is necessary.

9.2 The responses described above at section 9.1 are not limited and we may take any action we reasonably deem appropriate.

10. TERMINATION

We have the right to terminate your access to the website and/or any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms. We may also at any time, at our sole discretion, discontinue the website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the website/Services

11. PRIVACY POLICY

11.1 We recognise that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously. Our privacy policy forms part of these terms. We set out key points of our privacy policy below.

11.2 We are registered with the Information Commissioner under the Data Protection Act 1998 with registered number Z1609228. This Act provides a framework to ensure that personal information is collected and handled properly. Please see www.ico.gov.uk for further information.

11.3 Personal Information - If you are asked to provide basic personal information such as name, address, email address, this will be used in to administer your account and as set out in our privacy policy.

11.4 Communications from Us and Newsletters - In order to keep our users informed about the operation of our website/Services, we may send e-mails and announcements to your personal email address that you have provided to us. Any promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list. In addition you have the right at any time to ask us not to use your personal data for marketing purposes. If you do not wish to receive such communications, please email us at tp4m@theplace4music.com.

11.5 Payment Information - When you pay TP4M for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by TP4M other than to facilitate the provision of Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.

11.7 Use of Promotional Vouchers – Promotional vouchers for Services may be provided from time to time by HMV, its partners or sponsors. If you redeem a voucher to pay for Services, you may be required to provide additional personal information which may be shared with a third party. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to use the voucher. For the avoidance of doubt HMV vouchers, giftcards and e-certificates cannot be used as a method of payment for the Services.

11.8 Security - While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

11.9 Keep your information up to date and access to information - We aim to keep any personal information we hold up to date, accurate and error free. Please help us to keep your information accurate and up to date by notifying us of any relevant changes in the personal data we hold about you by keeping your account information up to date. You can also ask us to correct any personal data we hold about you. In your request, please specify which data is inaccurate, and what corrections you want us to make. You can contact us for these purposes via the contact page. You have certain rights to see information we hold about you. Any request for such information may be subject to a small fee to meet our costs in providing you with such details.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU

12.1 You agree you will have no claim against TP4M, in respect of any decision to remove digital items from this website or any decision to suspend or terminate your access to this website/Services.

12.2 In the absence of any negligence or other breach of duty by TP4M, the use by you of the website/Services is entirely at your risk.

12.3 TP4M warrants that it will provide the Services with reasonable skill and care and substantially as described in these terms. TP4M does not make any other promises or warranties about the website/Services.

12.4 HMV will not be liable under these terms for any loss or damage caused by TP4M or any of its employees or agents in circumstances where:

12.4.1 there has been no breach of a legal duty of care which is owed by TP4M or any of its employees or agents; and/or

12.4.2 the loss or damage is not a reasonably foreseeable result of any breach of these terms.

12.5 HMV will not be liable under these terms for any increase in loss or damage you suffer resulting from a breach by you of these terms.

12.6 Our liability for losses you suffer as a result of us breaching a contract for a digital item and in connection with your use of the digital services/website is limited to £20.

12.7 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these terms or default in the discharge of your obligations.

12.8 Nothing in this section 12 shall have the effect of excluding or limiting either our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).

13. LINKS TO THIRD PARTY WEBSITES The website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that TP4M is not responsible for the content or availability of any such websites. We recommend you review those website's terms and conditions and privacy policies to ensure you are happy to use them.

14. TRANSFER OF RIGHTS AND OBLIGATIONS Neither you nor we may transfer, assign, charge or otherwise dispose of a contract for the purchase/sale of digital items on this website, or any rights or obligations arising under it or in connection with the Services, without the other's prior written consent save that you agree we may transfer or assign this agreement to European Management education & Learning (e-mel) LLP or a member of its group without your prior consent. You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of the contract.

15. SEVERANCE If any of these terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

16. THIRD PARTY RIGHTS A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

17. GOVERNING LAW Contracts for the purchase of digital items through this website and use of the digital service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

18. NOTICES All notices given by you to us must be given to The Place 4 Music, 55 West Street, Marlow, Buckinghamshire SL7 2LS. We will give notice to you via the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when we post it on the website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.

19. QUESTIONS OR COMPLAINTS? If you have any queries at all regarding the Service, the items featured on the website or any of the terms, please do not hesitate to contact us via the help page and we will be delighted to help.