IMM PRODUCTIONS LIMITED

www.ismymusic.com – Terms and Conditions – 15 May 2007

1. Definitions and Interpretation

1.1 In these Terms the following words or phases shall mean as follows:

(a) "We", "Us": IMM Productions Limited, 1 Corry Court, High Barnes, Sunderland, SR4 8NQ;
(b) "You": the User or Member accessing the Website or the Service;
(c) "Terms": the terms and conditions laid out below;
(d) "Content" any sounds, music, songs, videos, images, photographs, text, or other materials that You or other Users upload to the Website or Service
(e) "Order": a request by You for delivery of Premium Downloads;
(f) "Service" the services offered from time to time by Us through the Website, including the ability to share, download and purchase content through Premium Downloads
(g) "Premium Downloads" Content and electronic admission tickets for concerts, gigs and events made available to You at a charge or through premium rate text messages, whether for download to a personal computer, mobile phone or other device.
(h) "Service" the services offered from time to time by Us through the Website, including the ability to share, download and purchase content through Premium Downloads
(i) "Member": a User who has registered as a member of the Website;
(j) "Website": the website hosted from time to time at www.ismymusic.com, together with all sub-domains;
(k) "User" an individual accessing the Website and/or the Service
(l) "Personal Information" Personal information which You provide to us either when registering as a Member or by updating your Member profile

1.2 Headings contained in these Terms are for reference purposes only and are not part of the Terms nor do they have affect the interpretation of the Terms.

1.3 References within these Terms to the parties in the singular shall include where applicable the plural and references to the parties in the male gender shall include where applicable the female.

1.4 Where You comprise more than one person or organisation, all such persons or organisations (whether incorporated or otherwise) shall be jointly and severally liable for any breach by You of these Terms.

2. Membership

2.1 These Terms apply to all use by You of the Website and the Service. The continued use by You of the Website and/or the Service indicates your acceptance of these Terms. Please read them carefully and print a copy for future reference.

2.2 To gain access to the full range of facilities and services offered by Us through the Website and the Service, including (but not limited to) the ability to order Premium Downloads you must register to become a Member.

2.3 You undertake, warrant and represent to Us that by applying to become a Member:

(a) You will abide by the Terms at all times
(b) all information supplied by You (including e-mail address and mobile phone number details) in connection with your application is accurate and relates to You
(c) You will maintain the accuracy of all information supplied in relation to your application and will update it as necessary
(d) You will not use the Website or the Service for any illegal, immoral or otherwise prohibited purpose, including sending of unsolicited e-mails, SMS or other mobile phone messages

3. Price and Payment

3.1 The prices payable for any Premium Downloads that You may purchase are set out on the Website and are inclusive of VAT. Note that additional charges may be levied by your mobile network provider.

4. Liability

4.1 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Premium Downloads in question.

4.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase of Premium Downloads from the Website. The transmission of certain Premium Downloads may be prohibited by national laws. We make no representation and accept no liability in respect of the any breach of such laws resulting from Your request for Us to transmit a Premium Download to You.

4.3 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights You may have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to You for any death or personal injury resulting from our negligence.

4.4 You hereby agree to indemnify and hold harmless Us from all actions, claims and proceedings from time to time made against Us and for all loss or damage and all payments, costs or expenses made or incurred by Us as a result of Your use of the Website and the Service.

5. Limitation of Warranty & Entire Agreement

5.1 Member profiles and other Content (including blogs and links to other websites) uploaded to this site and available through downloads or Premium Downloads has been created and/or uploaded by Members without monitoring by Us and We are not responsible for their content.

5.2 These Terms, together with our current Website prices, charges, contact details, revenue sharing statements and Privacy Policy set out the whole of our agreement relating to the supply of the Premium Downloads to You by Us. We make no representation about the nature or quality of the Premium Downloads available from the Website and the Service.

5.3 Save for fraud or fraudulent misrepresentation by Us, We shall have no liability for any representation as to the nature or quality of the Premium Download being untrue or misleading.

5.4 The Website and the Services are provided strictly on an "as is" basis and We make no representations as to their availability.

6. Data Protection and Privacy

6.1 We collect and process personal information when You register as a Member of the Website. This information may include your name, address, gender, date of birth, e-mail address, mobile phone number, messaging service identity and an alias which you want to be your publicly accessible personal identifier on the Website.

6.2 You may at Your discretion provide additional information, (such as marital status, sexual orientation and other descriptive information) some of which may be classed as ′sensitive personal information′ under the Data Protection Act, to be included within your profile and which is accessible to other Users. This information is collected from you and processed when you submit it by amending your Member profile using the ′My Account′ menu when you are logged into the Website.

6.3 You acknowledge that the nature of the Internet, the Website and the Service means that it is impossible to prevent Personal Information from being transferred to other countries, including countries outside the European Economic Area and You hereby consent to Us transferring Personal Information to any such country.

6.4 You acknowledge that We need to share Personal Information with our partners and other third party service providers (including TxtNation Limited) and network providers (some of which may be based in or operate in countries outside the European Economic Area) to facilitate our provision of the Website, the Service and provision of Premium Downloads and You hereby consent to Us providing Personal Information to them.

6.5 You consent to Us and Our partners and/or suppliers (including TxtNation Limited) storing Personal Information and may use it to produce aggregated demographic information which cannot be linked to any individual. You further consent to the sale of such aggregated demographic information and stored information by Us and/or Our partners and/or suppliers.

6.6 You consent to Us contacting you to inform You of updates to the Website the Service or the Terms.

6.7 You hereby acknowledge and consent to our provision of Personal Information to law enforcement agencies, regulatory bodies and otherwise as required by Law

6.8 If You wish to have Your account deleted please contact Us using the details provided.

7. Content Upload

7.1 We do not assume any obligation or responsibility to monitor or review Content, though We reserve the right to review or monitor Content at any time without notice to You.

7.2 We reserve the right, at our sole discretion, to remove any Content or other Information which You post or otherwise upload to the Website or Service at any time and/or to suspend or limit Your access to the Service without prior notice.

7.3 By uploading Content to the Website or Service, You warrant, undertake and represent to Us that:

(a) You own the copyright, performance rights and all other relevant rights in the Content, or otherwise have the right to upload the Content to the Website or Service and to grant to Us the licence for the Content detailed at 7.3 (d) below;
(b) You acknowledge that You alone are responsible for any Content which You upload
(c) You will not upload or attempt to upload any content which is prohibited by Us, including (without limitation) any Content of an offensive, obscene, abusive, libellous, false, misleading, illegal, immoral, or copyright or privacy infringing nature, or any Content which you do not own the rights to or have permission from the rights owner to upload;
(d) You hereby grant to Us a world-wide non-exclusive royalty-free limited licence to store, use, perform, reproduce, modify, distribute and sub-licence the Content; and
(e) You acknowledge that the Content will be accessible to and may be accessed and downloaded by Users and also offered to users as Premium Downloads. Where You have signed up as an artist, We will share revenue earned from Premium Downloads with You in the manner advertised on the Website from time to time. You acknowledge that in all other circumstances We shall be entitled to all revenue earned from Premium Downloads;
(f) You are have complied with all relevant local laws and regulations in applicable to Your uploading of the Content

7.4 When uploading content in the form of comments on another Member or Content uploaded by another Member, the comments may require approval by that Member before they are displayed on the Website.

7.5 You agree not to upload any Content which would breach the ICSTIS code of conduct (available at www.icstis.org.uk – ICSTIS is the regulatory body for premium rate phone services) .

8. Downloads, Other Services and Charges

8.1 You may be given the opportunity to access and/or download Content from the Website or Service, whether for free or through Premium Downloads.

8.2 You acknowledge that the Content has been uploaded to the Website and the Service by other Users. You further acknowledge that the Content may not have been reviewed by Us and we are not liable to You for the Content. If you become aware of any Content which you believe to be offensive, copyright-infringing, or which may have been uploaded in breach of these Terms You undertake to notify Us immediately, using the forms provided on the Website or by contacting Us at the address detailed in these Terms.

8.3 You acknowledge that You alone are responsible for checking the compatibility of any Premium Downloads which You order for delivery through the Website or the Service with Your mobile phone handset or any other equipment to which You have the Premium Downloads delivered.

8.4 You acknowledge that the Premium Downloads are provided by an automated system and agree that You will have no right to cancel any order for Premium Downloads once You have submitted it through the Website or otherwise using the Service and We have delivered it as requested.

8.5 Rights of admission to concerts, gigs and events for which You have purchased electronic admission tickets through the Website or the Service are reserved.

9. Changes and Amendment to the Website, Service or Terms

9.1 We may vary these Terms at any time. Any such variation shall be effective once posted on the Website.

9.2 We shall endeavour to notify registered users of the Website by email of updated Terms, but such notification is entirely without prejudice to this clause and We shall not be liable under any circumstances for your failure to receive or our failure to send such notification.

9.3 At all times it is Your responsibility to read and satisfy yourself as to the Terms laid out herein. Your continued use of the Website and/or the Service after any variation to the Terms indicates your acceptance of the updated Terms.

10. Miscellaneous

10.1 Save where expressed to the contrary in these Terms or in the Privacy Policy, all notices from You to Us must be in writing and sent to our contact address as set out above, and all notices from Us to You will be displayed on our Website or, at our discretion, sent to the email address or by SMS to the telephone number You have provided on registration.

10.2 We shall have no liability to You for any failure to deliver Premium Downloads or any delay in doing so or for defect to Premium Downloads delivered that is caused by any event or circumstance beyond our reasonable control, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10.3 In the event that any or any part of these Terms are determined invalid, unlawful or unenforceable to any extent (including any provision in which we exclude our liability to You) such term, condition or provision shall be severed from the remaining Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

10.4 These Terms and any order for Premium Downloads placed by You shall be governed by and interpreted in accordance with the law of England and Wales, and the English courts shall have jurisdiction to resolve and disputes between You and Us.