- INFORMATION ABOUT THE WEBSITES
1.1 The Websites are owned and managed by West One Music Limited, a company registered in England and Wales with the company registration number 03955295 and having its principal place of address at 28 Percy Street, London, W1T 2DB.
1.2 West One Music provides you with the facility to view, search, play and download tracks (“Tracks”) that are available on the Websites, for use in audiovisual productions. You understand and agree that in order for you to use the Tracks in audiovisual productions, you must obtain the relevant licence from PRS for Music if you are present in the UK, or contact your local agent if you are present outside of the UK. Please visit the Licensing Page for further info on how to licence the Tracks.
1.3 West One Music reserves the right to make any changes to the Websites including any functionalities and content therein or to discontinue any aspect of the Tracks or features of the Websites therefor without notice.
1.4 West One Music may be contacted by email at email@example.com or by writing to us at the address in clause 13 below.
- PRELIMINARY INFORMATION
2.1 In order to register and use to the Websites, you warrant that:
2.1.1 you are legally capable of entering into any binding contracts;
2.1.2 you are at least 18 years old and above; and
2.2 In order to view, search, play or download the Tracks and/or have access to all functionalities of the Websites, you shall be required to register as a Registered User with West One Music by completing the online registration form made available to you using the Website and in accordance with the provisions set out in clause 3.
2.3 In the event you choose not to register as a Registered User, you may continue to browse and use certain functionalities of the Websites as an Unregistered User. However, you will not be able to download the Tracks or have access to all available functionalities on the Websites.
- REGISTRATION AS A REGISTERED USER
3.1 By completing the online registration form to register as a Registered User, you consent to West One Music conducting verification and security procedures in respect of the information provided in such online registration form.
3.2 You hereby warrant that the information provided to West One Music is true, accurate and correct. You further warrant that you shall promptly notify West One Music in the event of any changes to such information.
3.3 Upon the completion and submission of the online registration form by you to West One Music, West One Music shall send you a confirmation email to your email address provided in the online registration form. West One Music may also provide you with details of your login and password (“Login Details”). In order to prevent fraud, you must keep your Login Details confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your Login Details you must notify us immediately by contacting firstname.lastname@example.org.
3.4 Without prejudice to the other rights and remedies of West One Music, if West One Music has reason to believe that there is likely to be a breach of security, misuse of the Websites or that you have breached any of the provisions set out herein, we reserve the right to change or disable your Login Details and/or suspend your access to the Websites.
3.5 Subject to the provisions herein and upon your registration with West One Music as a Registered User, you may access all functionalities available on the Websites.
- FORMATION OF CONTRACT
4.1 The date of commencement of your Contract with West One Music shall be determined as follows:
4.1.1 where you are a Registered User, then upon the registration of your details with West One Music pursuant to clause 3.3; or
4.1.2 where you are a Unregistered User, then upon your first use of the Website, and
such Contract shall be effective and in force until terminated by either party in accordance with clause 5 of these Terms.
4.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for whatever reason to:
4.2.1 accept or reject your application to become a Registered User; and/or
4.2.2 refuse you access to the Websites (partly or wholly) whether you are a Registered User or Unregistered User.
- TERM AND TERMINATION
5.1 Unless otherwise expressly set out to the contrary herein, West One Music’s Contract with you shall remain in force:
5.1.1 where you are a Registered User, for the duration of your registration with us; or
5.1.2 where you are an Unregistered User, for the duration in which you access the Websites, having use of certain features and functionalities therein as a Unregistered User.
5.2 West One Music may suspend or terminate your access, as a Registered User or an Unregistered User to the features and functionalities of the Websites in the event that:
5.2.1 third party services and network providers cease to make the third party service or network available to West One Music;
5.2.2 West One Music believes that you or someone using your Login Details has failed to comply with one or more of these Terms;
5.2.3 West One Music believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Websites (in whole or in part);
5.2.4 West One Music believes that you have provided it with any false, inaccurate or misleading information; or
5.2.5 West One Music believes that you are in the business of re-selling, promoting the Tracks or any aspect of the Websites for resale or if you are otherwise engaged in all other similar activities.
5.3 You can cancel your registration at any time by informing West One Music in writing at email@example.com . If you do so, you must stop using the Websites.
5.4 Upon termination of your Contract with West One Music, your access to the features and functionalities of the Websites (in whole or in part) shall cease.
- YOUR OBLIGATIONS
6.1 You agree that you are solely responsible and liable for all activities on the Websites, whether you are a Registered User or an Unregistered User.
6.2 You agree that as a Registered User, you may not use the Websites for the following purposes:
6.2.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.2.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.2.3 interfering with any other person’s use or enjoyment of the Websites; or
6.2.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
6.3 You further agree that at all times, you shall:
6.3.1 not use your Login Details with the intent of impersonating another person;
6.3.2 not allow any other person to use your Login Details;
6.3.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Websites or in respect of the network;
6.3.5 not use the Websites, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
6.3.7 comply with all instructions and policies from West One Music from time to time in respect of the Websites;
6.3.8 co-operate with any reasonable security or other checks or requests for information made by West One Music from time to time; and
6.3.9 use the information made available to you on the Websites at your own risk.
6.4 In the event that West One Music, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 6, West One Music shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Websites (whether you are a Registered or Unregistered User); and in the case of illegal use, the instigation legal proceedings as appropriate.
6.5 You will be responsible for our losses and costs resulting from your breach of this clause 6.
- AVAILABILITY OF THE WEBSITES
7.1 West One Music aims to offer you the best service possible, however we make no guarantees that the services on the Websites will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Websites, you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
7.2 West One Music shall be entitled at its own discretion to suspend the Websites for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Websites. We will attempt to restore the service as soon as we reasonably can.
- EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Websites and the Tracks, are hereby expressly excluded to the fullest extent permissible by law.
8.2 All information made available to or accessible by you whether as a Registered User or Unregistered User using the Websites or in respect of the Tracks including any editorial materials provided by West One Music or any third party are provided “As Is” without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
8.3 Nothing in these Terms shall limit or exclude West One Music’s liability in respect of death and personal injury.
8.4 Subject to clause 8.3, West One Music shall not be liable for any indirect or consequential losses (including without limitation expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, and loss of goodwill and/or reputation) however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Websites and the contents therein.
8.5 Links to third party websites may appear on the Websites. Such third party websites are not the responsibility of West One Music and West One Music accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
8.6 Unless otherwise expressly set out to the contrary in these Terms, West One Music’s liability to you in connection with your use of the Websites and the contents therein shall be strictly limited to the greater of: (i) the total amount you have paid to West One for services hereunder; and, (ii) £100.
- INTELLECTUAL PROPERTY RIGHTS
9.1 West One Music and its licensors own and/or control all intellectual property rights in and to the Websites and the Tracks.
9.2 You are expressly prohibited from:
9.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Websites including without limitation, any of the Tracks (other than in accordance with a valid licence from PRS for Music or from your local agent) and submissions in the form of articles and write-ups made available on the Websites; and
9.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by West One Music and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of West One Music or could be considered an infringement of any of the intellectual property rights owned by and/or licensed to West One Music.
11.2 A waiver by West One Music of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by West One Music of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.9 We make no promise that materials on the Websites are appropriate or available for use in locations outside the United Kingdom and accessing the Websites from territories where its content are illegal or unlawful is prohibited. If you choose to access these sites from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
- CONTACT DETAILS
West One Music
28 Percy Street