Last Updated: Wednesday 14th July 2010

Please read these Terms of Use ("Terms"), which apply to the Pure Solo website at www.puresolo.com ("Site"). By accessing the Site you agree to be bound by these Terms. You can print off these Terms, or store them on your computer, for future reference. We may modify these Terms from time to time. If you do not agree to these Terms, you should stop using the Site.

ABOUT US

We are Pure Solo Limited ('Pure Solo' or 'we'), incorporated in England and Wales with registration number 06107958, whose registered office is at 83 Baker Street, London W1U 6AG, England.

OUR SERVICE

Our service ("Service") is described on the Site on the About Us page. We reserve the right to change the Service from time to time and to withdraw any features of the Service without giving notice.

In order to use the functionalities of the Site, users of the Service ("Users") must download and install the Pure Solo Plugin ("Plugin"), which provides Users with the means to:

• purchase and download audio and visual content ("Pure Solo Content");
• record voice and instrumental content ("User Content");
• mix Pure Solo Content with User Content to produce derivative content (a "User Version"); and
• upload User Content and User Versions to the Site.

Pure Solo Content, User Content and User Versions are together defined as "Content".

REGISTRATION PROCESS

You may register with the Site as a User and download the Plugin for free. Use of the Plugin is subject to the Pure Solo End User Licence.

When you register, we ask you to provide certain information about yourself that is true, accurate, and up to date. Should any of your registration information change, please go to the 'Edit profile' section and make the required changes. We may ask you to provide a mobile telephone number.

If you are under 16, you must let your parent or guardian know about these Terms and our Privacy Policy , and they must give their consent for you to use the Service. Otherwise, you are not eligible to use the Service and must not attempt to register with the Site.

We reserve the right to suspend or cancel your account for any reason if we consider it appropriate at any time without giving notice. If we suspend or cancel your account, you must not create another one without our permission.

You will not create more than one personal profile.

PASSWORD AND SECURITY

On registration you will be given a username and password. You must keep your password secure and must not disclose it to or share it with anyone. Your username can be changed in the ‘Edit Profile’ section.

You will be responsible for all activities and orders under your password. If you know or suspect that someone else has your password, you should go to 'Edit profile' and change it yourself and if this is not possible contact us.

We reserve the right to change your password if we believe that it is no longer secure.

If you forget your password please visit the "Forgotten Your Password" section where you will be able to reset your password if you satisfy our security check.

PRIVACY POLICY

For the purposes of registration, we gather data and certain other information about you (and your parent or guardian, if you are under 16), which is subject to our Privacy Policy . By using the Site and the Service, you are agreeing to be bound by our Privacy Policy.

USE OF THE SITE

You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose, or re-sell the Service.

In particular, you may not use the Site for any of the following purposes:

• disseminating any unlawful material of an adult nature; unsuitable, immoral, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material or otherwise breaching any laws;
• transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
• interfering with any other person's use or enjoyment of the Site; or
• making, transmitting, using or storing any materials protected by copyright without the express written permission of the owner.
• intimidating, harassing or bullying behaviour.

If you breach this provision, you will be responsible for any losses and costs resulting from your breach.

If you choose to access the Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

FORUM GUIDELINES

• Debate between users should be lively but also respectful. Taking part should be a positive experience.
• Stay on-topic. Don’t post messages that are unrelated to this online forum.
• Do not incite hatred on the basis of race, religion, gender, nationality, sexuality or any other personal characteristic.
• Do not swear, use hate-speech or make obscene or vulgar comments.
• Do not break the law. This includes libel, copyright infringement, condoning illegal activity and contempt of court.
• Respect the diversity of age groups using the site and please behave accordingly.
• Particularly as an adult, do not place anything unlawful or inappropriate that children shouldn’t see.
• Please do not post personal information – addresses, phone numbers, email addresses or other online contact details, either those relating to yourself or other individuals.
• Please do not impersonate or falsely claim to represent a person or an organisation.
• Do not add the same comment to more than one forum.
• Each comment should not exceed 1000 words.
• Do not advertise products and services.
• Do not post in a language other than English.
• If you are aged 16 or under, please get your parent/guardian’s permission before participating in this online forum. Users without this consent are not allowed to participate or provide us with personal information

CANCELLATION, SUSPENSION AND TERMINATION

You can cancel your use of the Service at any time by logging in, accessing the 'Edit profile' section and selecting 'Remove my Pure Solo account'.

We reserve the right to suspend your use of the Service at any time for operational, regulatory, legal or other reasons.

We may terminate your use of the Service with immediate effect if you breach any of these Terms, the End User Licence Agreement (see below) or any Contest Rules (see under Contests below).

SERVICE ACCESS

While we try to ensure that the Service is normally available 24 hours a day, we cannot be held responsible if for any reason the Service is unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Although we make all reasonable efforts to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantee in this respect.

You are responsible for obtaining Internet access to the Site from where you are in order to use the Service. We cannot be held responsible for your failure to access the Site or use the Service from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) and any equipment necessary to access the Service are your responsibility.

Owing to the nature of the Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Service.

We do not guarantee that the Service will be compatible with your computer or web browser. While we try to provide the Service using all reasonable care, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Service.

GRANT OF LICENCE FOR PLUGIN

Users are granted the non-exclusive, non-transferable right to play, stream or view the Content provided on the Site in the formats made available by Pure Solo.

Subject to the terms of the Pure Solo End User Licence, Users are granted the non-exclusive, non-transferable right to use the Plugin on not more than 2 personal computers, to record User Content, to synchronise their own User Content with Pure Solo Content to produce a User Version, and to upload to the Site their own User Content and User Versions complying with these Terms.

SOFTWARE UPDATES

In order to ensure that the Service is functioning at its best, from time to time we may ask you to upgrade to a newer version of the Plugin. In addition, we may find it necessary to send you automatic fixes or support files.

If we make a modification that materially affects your privacy, we will aim to notify you of such modification and we will update these Terms and/or the Privacy Policy accordingly.

TERMS FOR DOWNLOADING PURE SOLO CONTENT

Once you have registered as a User, you can purchase Pure Solo Content from the Site for downloading.

The price payable for any download is as set out as advertised on the Site. All prices include VAT unless otherwise stated.

We reserve the right to change the prices of downloads from time to time.

Payment can be made by any method of payment shown on the checkout page of the Site.

To purchase tracks you must purchase credit in the 'Account & Billing' section and the credit is then used instantly as you download Pure Solo Content. A receipt will be sent by e-mail as you purchase credit. Once credit has been purchased and used to download Pure Solo Content you will be eligible for a refund if there are problems with the Pure Solo Content you download. Any unused credit will not be refunded if not used within 12 months.

Our e-mail receipt for your purchase of credit or Pure Solo Content brings into existence a legally binding contract between you and Pure Solo. If we cannot accept your purchase of credit or Pure Solo Content for any reason, will notify you as soon as possible by e-mail. You are not able to cancel your purchase of any Pure Solo Content after you have downloaded it.

While we will send you an e-mail notification of every valid purchase we receive from you, we cannot guarantee that the notification will be received by you, or that it will be legible and uncorrupted.

You agree to use any Pure Solo Content downloaded from the Site for your non-commercial personal use only, on the computer to which it is downloaded and no more than one other computer.

You agree that you will not circumvent any technological protection measures in whatever form incorporated with your download from the Site and will not encourage or permit others to do so. You will not reverse engineer any technological protection measures incorporated with any Content.

You must not use any Pure Solo Content for any commercial activity of any sort. Please note that any use you make of any Pure Solo Content is subject to the terms of the Pure Solo End User Licence, in addition to these Terms.

You must observe and comply with all applicable laws to download any Pure Solo Content from the Site.

USER CONTENT

Users may upload their own User Content and User Versions to the Site using the Plugin. Users retain ownership of their contribution to uploaded User Content, but by uploading any User Content or User Version you agree to grant Pure Solo the non-exclusive, transferable, assignable, sub-licensable, perpetual, worldwide and royalty-free right to reproduce, distribute, publicly display, transmit to the public, publicly perform, make derivative works using and otherwise use the uploaded User Content or User Version in all media, formats and contexts for any purpose including but not limited to the promotion of the Site or related business activities (the "Rights").

You are responsible for the content of your User Content and User Versions (and any non-music content that you upload to the Site). By uploading User Content and User Versions (and any such non-music content) you confirm that:

• you own or control all the rights necessary to upload the Content (or non-music content) to the Site and to grant Pure Solo the Rights referred to above;
• the uploaded Content (or non-music content) does not infringe the rights of any third party (including without limitation performance rights, copyright, moral rights, composition rights, privacy rights and publicity rights);
• the uploaded Content (or non-music content) is not abusive, offensive or defamatory in any way, nor does it contain any adult themes, and you must follow the requirements in the section of these terms 'Use of the Site';
• the uploaded Content (or non-music content) does not contain any code which may be harmful to the Pure Solo servers or computers or those of other Users (including without limitation viruses, Trojan horses, worms, spyware, and corrupt files); and
• any third party non music content, particularly (but not exclusively) video or other audio visual footage cannot be used without the express approval of the relevant rights owners.

You must not upload to the Site any music content other than your own User Content and User Versions you create using the Plugin.

You agree not to forward, circulate, broadcast, perform, publish or disseminate any User Version to any third party except as expressly authorised by Pure Solo.

You agree that in creating a User Version using the Plugin you will use the User Version in compliance with these Terms and that any other use could constitute an infringement of copyright under the national laws of the United Kingdom or another jurisdiction from which the Site is accessible.

Pure Solo reserves the right to co-operate with any law enforcement authority or court order requesting or directing Pure Solo to disclose the identity or locate anyone posting any material in breach of these Terms.

Pure Solo reserves the right to remove any User Content or User Version (or any non-music content you upload to the Site) without providing prior notice and at its sole discretion and accepts no liability for removing such Content. Pure Solo may remove any Content (or any non-music content you upload to the Site) which it reasonably regards as (i) infringing any other person's intellectual property or other rights or (ii) does not comply with these Terms including this section of these Terms or (iii) of an adult or inappropriate nature. Also, in addition, Pure Solo can remove content that is contrary to its general forum, contest and, in particular, child safety guidelines.

If you are a copyright owner and are concerned that any Content (or any non-music content) on the Site infringes your rights, please send written notice Pure Solo Ltd, 83 Baker St London, W1U 6AG, including:

• the full name and address of the sender of the notice;
• details of the location of the information in question; and
• details of the unlawful nature of the alleged infringement in question.

RESTRICTIONS ON USE OF THE CONTENT

The Content is intended for your own personal non-commercial use. You may not (and must not permit a third party to) use the Content in any way for commercial use or exploitation.

You may install, use, access, display and run one copy of the Pure Solo Content you download on the computer on which you download it, and on no more than one other computer or similar device.

The Content (including the underlying sheet music, lyrics, musical composition and audio recording) is protected by copyright laws or the related laws of each jurisdiction and except as mentioned below may not be distributed to third parties. Any commercial exploitation will amount to an infringement of the copyright owners' rights and may be a criminal offence. In the UK, such an offence is subject to a maximum term of imprisonment of 2 years and/or a fine.

User Versions may be:

• burnt onto a CD;
• sent as a ring-tone (where this service is available through the Site);
• used within the Pure Solo network;
• shared with your family and friends; or
• used in connection with education.

However, please note that:

• any of the above permitted uses must be non-commercial;
• you can make no more than 5 copies in total of any one User Version playlist;
• you can email any User Version no more than 5 times to family, friends or teachers.

Any further uses of a non-commercial nature outside of the above permitted uses, or of a commercial nature, including but not limited to distribution and sale, are subject to approval and licensing by the relevant copyright owners and/or the relevant Collecting Society (the MCPS/PRS Alliance and PPL in the UK or the equivalent overseas). You can obtain details of the relevant Collecting Society at http://www.biem.org/SocietyShow.aspx .

MESSAGE BOARDS / CHAT / COMMUNICATIONS WITH OTHER USERS

The Site currently offers message board functionality and in the future may offer other interactive features such as instant messaging and chat.

All personal information you display or communicate using such functionality becomes public information and we are not responsible for any information you choose to make public.

Pure Solo reserves the right to remove at any time communications which Pure Solo reasonably considers to be obscene, defamatory or abusive.

We advise you to use extreme caution whenever you socialise or interact with people whom you have met via the Internet.

If you choose to personally communicate or meet with any other User by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of the Site, you do so at your own risk.

Pure Solo cannot be held responsible for any consequences which flow from your decision to communicate or interact with other Users in places or under circumstances which we do not control.

Parents should make themselves aware of the monitoring features in place for their children in the Safety, Privacy and Parenting sections.

DISCLAIMER OF LIABILITY

Pure Solo does not monitor the content of User Content and accepts no liability for its content. As a User, you upload User Content at your own risk and accept full responsibility and liability for its content. Pure Solo does not endorse any User Content uploaded to the Site.

We will not have any liability arising out of or in connection with the Service or the Site or any defects in the Plugin or any Pure Solo Content for:

• any business losses (such as loss of profits, business, contracts or goodwill); or
• any delay in performance of the Service or any other matters due to any events outside our reasonable control; or
• any unforeseeable losses or damages.

We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law.

Nothing in these Terms will exclude or limit any of your rights under law as a consumer.

We will have no liability to you for any delay in performance of the Service or any other matters to the extent that any such delay or other matters are due to any events outside our reasonable control.

We will have no liability arising from any link being placed on the Site to another website which we are not responsible for.

We will have no liability for any User Content or User Versions uploaded to the Site. Pure Solo does not guarantee any confidentiality in relation to User Content uploaded to the Site or User Versions created.

Where you have uploaded User Content or a User Version to the Site, you will be responsible for any losses and costs we may have resulting from a claim by a third party that there has been an infringement of its intellectual property rights in the User Content or User Version.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in any content of the Site are owned by or licensed to Pure Solo. No intellectual property right in any content of the Site is intended to, and it shall not be deemed to, transfer to any person who accesses the Site.

Pure Solo may at its own discretion and without giving notice, alter, remove or suspend any part of the Site and any content of the Site. In no event will Pure Solo be liable for any loss or damage arising as a result of modifications made to the Site.

CONTESTS

The following rules together with any relevant additional terms made available to you ("Contest Rules") apply to any competition, prize draw or other contest run on the Site ("Contest").

By participating in any Contest, you agree to be bound by these Terms and the Contest Rules. You must register as a User to participate in any Contest and each User may only submit one entry to any particular Contest unless otherwise allowed by the Contest Rules. [If you are under 18, your parents or guardian must send us their written consent for you to enter the Contest.]

All Contests will be judged on the basis of your skill, potential and style, however each contest has its unique rules for judging, whether by community, by panel or other means. Contests may initially be determined by other Users and due to sheer volume your entry may or may not be judged. Users may be asked to rank your entry with a score between 1-5, 5 being the highest score. Each individual User may only cast one vote for any one entry although may vote for more than one entry. The top five entries from time to time (calculated by the number of votes) may be displayed on the Site, as may other entries in the top 10 (at the sole discretion of Pure Solo). The top entries (as outlined in the competition rules) may then be reviewed by a panel, who shall select a winner and, when applicable, runners up. The panel’s decision shall be based on the skill, potential and style of each those entries and shall be final and not subject to any appeal. The panel’s decision shall be based on the audio or audio/visual element of the entry. Alternatively, contests may be judged solely by a panel.

All prizes are non-transferable. Arrangements for the fulfilment of prizes may be made by Pure Solo or its third party sponsor. We reserve the right at our discretion to substitute any prize with a prize of comparable value.

By submitting an entry to any Contest, you expressly grant Pure Solo (and its Contest partners on that particular Contest) the right to identify your entry and you (meaning your name and likeness) as the contributor of your entry and to communicate your entry to the public (for promotional purposes) in any publication in any form, media or technology now known or later developed including social media sites, YouTube channels and Contest partners media (for example, in the case of a Contest partner that is a radio or television channel, that Contest partner will be able to broadcast your entry on its channel) , unless you otherwise notify Pure Solo in writing at the time you submit your entry. This shall be without additional compensation to you. By submitting an entry to any Contest, you also agree to participate in any reasonable promotional activities requested by Pure Solo, the Contest partner or the sponsor of the Contest.

If you win a Contest, in order to be eligible for the prize you must provide evidence of your eligibility, complete all legal documents reasonably required by us and return them to us within three working days of receipt from us.

If you do not comply with these Terms and/or the Contest Rules and/or the End User Licence Agreement you may be disqualified as a winner and an alternative winner may be selected. Your use of the service may also be suspended or terminated.

Contest winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description.

Pure Solo reserves the right to implement additional age requirements or other eligibility criteria for entry into Contests as it considers appropriate.

Contests are not open to Pure Solo employees or employees of its affiliated companies and subsidiaries, nor to any sponsors of the Contest, or the immediate families of such employees or sponsors.

Contest winner(s) will be notified by email as soon as possible after the Contest draw or Contest decision. The names of the winner shall be posted on the Site.

Please note that you are solely responsible for ensuring your entry to any Contest is submitted to Pure Solo. Pure Solo will not be responsible for transmission errors for email entries or for any other error affecting the receipt by Pure Solo of entries to a Contest.

The integrity of voting and participating in Contests is of the utmost importance to Pure Solo and its Users and if we reasonably consider the integrity has been compromised, we may take such action as we consider appropriate in the circumstances.

NOTICES

Unless otherwise stated in these Terms, all notices from you to us must be in writing and sent to our contact address at 83 Baker Street, London W1U 6AG, England and all notices from us to you will be displayed on our website from to time.

GOVERNING LAW AND JURISDICTION

These Terms are governed by English law and you and we agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

CONTACT DETAILS

If you require further information about Pure Solo, our group companies, or any content on the Site, please contact us Are they given or do they choose it themselves? I can’t log off at the moment to check which it is. Link not displaying properly Link not displaying properly This should go, yes? Link not displaying properly Link not displaying properly