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PURE SOLO TERMS AND CONDITIONS

Thursday 22 March 2012

Please read these terms and conditions ("these Terms"), which apply to the Pure Solo service whether at www.puresolo.com or any site utilising the service and displaying the ‘Powered by PureSolo’ logo ("Site"). They apply whether you have accessed this site through www.puresolo.com or through a third party site displaying the “Powered by Pure Solo” logo. By accessing the Site you agree to be bound by these Terms. You can print off these Terms, or store them in 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 at about us . We reserve the right to change the Service from time to time and to withdraw any features of the Service without giving notice.

Among other features of the Site, users of the Service (“Users”) can utilise the Pure Solo Recorder ("Software"), which provides Users with the means to:

  • purchase and download audio and visual content ("Pure Solo Content");
  • record voice and instrumental content, videos, images and similar 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 referred to as "Content".

You must not use any Pure Solo Content (including where it is mixed with User Content to create a User Version) for any commercial activity of any sort. You therefore also must not use a User Version for any commercial activity of any sort.

REGISTRATION PROCESS

You may register with the Site as a User for free but use of the Software is subject to these Terms & Conditions.

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 “Edit profile” and make the required changes.

By clicking the Sign Up button and registering with Pure Solo you agree that we may from time to time, send you emails regarding updates to the service, offers or new content. You can stop receiving these emails at any time by clicking the ‘unsubscribe’ link at the bottom of the email.

Minors and children under the age of 16 years are not eligible to use the Service and must not attempt to register with the Site.

PASSWORD AND SECURITY

On registration you will select a username and password. You must keep your password secure and must not disclose it to or share it with anyone.

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 click the "Forgot Password?" link 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 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 from 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, 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 or storing electronic copies of materials protected by copyright without the permission of the owner.

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.

CANCELLATION, SUSPENSION AND TERMINATION

You can cancel your use of the Service at any time by logging in and accessing “Edit profile” and selecting “Remove 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.

SERVICE ACCESS

Whilst 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 or due to any third party software which may be required. 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. 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 SOFTWARE

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 these Terms & Conditions, users are granted the non-exclusive, non-transferable right to use the Software 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. For the avoidance of doubt, all User Content synchronised with Pure Solo Content must be recorded solely with the Software and not imported from elsewhere.

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 Software. 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.

The price payable for any download is as set out as advertised on the Site. All prices include VAT (where applicable) 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.

Track purchase is via a shopping cart system. A receipt will be sent to you by e-mail when you purchase Pure Solo Content. Once a purchase has been completed you will be eligible for a refund if there are problems with the Pure Solo Content you purchased.

Our e-mail receipt for your purchase of Pure Solo Content brings into existence a legally binding contract between you and Pure Solo. If we cannot accept your purchase for any reason, we 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.

Whilst 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 purchased from the Site for your non-commercial personal use only. The same applies to a User Version, when you mix Pure Solo Content with User Content to create a User Version (see above under the heading “OUR SERVICE”). You therefore must not use any Pure Solo Content or a User Version for any commercial activity of any sort. Please note that any use you make of any Pure Solo Content is subject to these Terms & Conditions.

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 observe and comply with all applicable laws pertinent to the utilisation of any Pure Solo Content from the Site.

USER CONTENT

Users may upload their own User Content and User Versions to the Site or any authorised sites using the Software. Users retain ownership of uploaded User Content (but have no ownership of Pure Solo Content and please take careful notice of the terms for downloading Pure Solo Content in the above paragraph) but, by posting or uploading any User Content or User Version you grant Pure Solo the non-exclusive, transferable, assignable, sub-licensable, perpetual, worldwide and royalty-free right to use, 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 and including making commercial use of the User Version and retaining any commercial benefit (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; and
  • 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).

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

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 Software 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 any other 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 infringing any other person’s intellectual property or other rights.

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 to Pure Solo Ltd 83, Baker St. London W1U 6AG U.K. 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.

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.

User Versions may be:
  • sent as a ring-tone (at an extra charge and 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.

Please also refer again to the above concerning the use of User Content.

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.

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 Software 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.

There may be third party sites linked to our Site or to which our Site is linked. We have not approved or checked these sites and are not responsible in any way for their content. We will have no liability arising from any link being placed on the or to the Site or from another website for which we are not responsible.

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 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 the Contest Rules.

All Contests will be judged on the basis of skill, potential and style. In certain cases this may be determined by other Users and, due to sheer volume, your entry may or may not be judged.

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 in our discretion to substitute any prize with a prize of comparable value.

By submitting an entry to any Contest, you expressly permit Pure Solo to identify your entry and you as the contributor of your entry in any publication in any form, media or technology now known or later developed, unless you otherwise notify Pure Solo in writing at the time you submit your entry.

  • you grant Pure Solo the right to use your name and likeness for advertising and publicity purposes without additional compensation; and
  • you agree to participate in any reasonable promotional activities requested by Pure Solo or the sponsor of the Contest.

If you do not comply with the requirements for Contest winners outlined above, you may be disqualified as a winner and an alternative winner may be selected.

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 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. For the names of the winner(s), please send an email to Customer Services (see below for details)

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.

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 St. London W1U 6AG 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 at info@puresolo.com

PURE SOLO RECORDER END USER LICENCE AGREEMENT (EULA)

Thursday 22 March 2012

Please read the entire terms of this End User Licence Agreement ("EULA"), which apply to the Pure Solo Recorder ("Software"). If you wish to use the Pure Solo Recorder, you must click the “Sign Up” button on the registration page which confirms your acceptance of the PureSolo terms & EULA. Clicking “Sign Up” constitutes your agreement to be bound by the terms of the EULA.

You can print off the EULA, or store it in your computer, for future reference. We may modify the terms of the EULA from time to time.

Please note that the terms of the EULA are in addition to the PureSolo terms and conditions ("Terms and Conditions") and privacy policy ("Privacy Policy") as set out above and which also apply to you. Definitions in the Terms and Conditions and Privacy Policy have the same meaning in this EULA.

License

The Pure Solo Recorder is owned by PureSolo Limited ("PureSolo" or “we”), incorporated in England and Wales with registration number 06107958, whose registered office is at 83 Baker Street, London W1U 6AG, England.

PureSolo grants you a non-exclusive, non-transferable licence to use the Pure Solo Recorder for your own domestic, non-commercial purposes, subject to the terms set out in this EULA.

Restrictions on use OF THE SOFTWARE

You must not (and must not permit any third party to) adapt, reverse engineer, decompile, disassemble (except where this restriction is prohibited by law), modify, adapt or make error corrections to the Pure Solo Recorder ("Software") in whole or in part, or analyse any data communication input or output stream generated by the Software for the purposes of investigating data communication protocol.

You may not re-sell, rent, lease, transfer or sub-license the Software or assign or otherwise transfer this EULA to any other person.

You may not use the Software for any commercial purpose, or for any unlawful purpose.

Restrictions on use OF THE CONTENT

The Content (as defined in the Terms and Conditions, including (a) Pure Solo Content, (b) User Content, and (c) User Versions) 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.

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:

  • 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.

Users may upload their own User Content and User Versions to the Site using the Software. Users retain ownership of uploaded User Content (but have no ownership of Pure Solo Content and please take careful notice of the terms for downloading Pure Solo Content in the Terms and Conditions), but by posting or uploading any User Content or User Version you grant Pure Solo the non-exclusive, transferable, assignable, sub-licensable, perpetual, worldwide and royalty-free right to use, 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 and including making commercial use of the User Version and retaining any commercial benefit.(the “Rights”).

Updates and additional software

This EULA applies to all updates, upgrades, supplements, add-on components and new versions of the Software that PureSolo may make available to you, unless PureSolo provides other terms along with the update, upgrade, supplement, add-on component, or new version.

To use Software identified as an update, upgrade, supplement, add-on component or new version, you must first be licensed for the Software to which the update, upgrade, supplement, add-on component or new version applies. PureSolo will not be responsible in any way for your use of or failure to use any update, upgrade, supplement, add-on component or new version of or to the Software supplied to you by PureSolo.

Warranties and liability

This Software is supplied "as is" and PureSolo gives no undertaking that the Software will be of a particular quality or fit for a particular purpose except as described on the Site. While we use all reasonable efforts to ensure that the use of the Software will be uninterrupted or error free and will not infringe any third party rights, we do not give any guarantee of this.

We will not have any liability arising out of or in connection with the Software or any defects in the Software for any business losses (such as loss of profits, business, contracts or goodwill) or any unforeseeable losses or damages.

We will have no liability to you arising out of your use of the Software or inability to use the Software due to any events outside our reasonable control.

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 the EULA will exclude or limit any of your rights under law as a consumer.

Please note that you are responsible for your own User Content and User Versions (as defined in the Terms and Conditions above) which you upload to the Site or create using the Pure Solo Recorder.

If you breach the terms of this EULA, you will be responsible for our losses and costs resulting from your breach.

Security

It is your responsibility to implement anti-virus measures relating to your computer systems.

Intellectual property rights

The Software is protected by copyright and other intellectual property rights, which are owned by the Company and its licensors.

You have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.

The Software is licensed to you strictly for use that does not infringe the rights of any third party (including without limitation performance rights, copyright, moral rights, composition rights, privacy rights and publicity rights). If you use the Software in any way which infringes the rights of any third party, you will be in breach of the terms of this EULA, and you will be responsible for any losses and costs which result from the infringement.

Termination

We may terminate this EULA at any time if you breach any of the terms of this EULA.

You may terminate your use of the Software at any time by giving us notice.

On termination of this EULA for any reason, all rights granted to you under this EULA immediately cease and you must immediately stop using the Pure Solo Recorder.

Notices

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

This EULA is governed by English law and you and we agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.