These terms and conditions apply to Your use of the website located at www.bpi.co.uk (the BPI Site).
By using the BPI Site You agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these terms and conditions You should cease using the BPI Site immediately.
1. DEFINITIONS
User Information means the personal details which may be provided by You to Us via the BPI Site;
User(s) means the users of the BPI Site collectively and/or individually as the context admits;
We/Us/Our means the British Phonographic Industry Limited;
You/Your means you, the user.
2. USE OF THE BPI SITE
You agree to use the BPI Site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the BPI Site by any third party (including intellectual property rights, rights of confidentiality or privacy). As such, You must not:-
(a) copy, download, reproduce, republish, broadcast, transmit, in any manner whatsoever, any material on the BPI Site except as is reasonably necessary for Your own personal, non-commercial use;
(b) send any materials which contain viruses, worms or any other destructive elements.
3. LINKS TO THIRD PARTY WEB SITES
From time to time, the BPI Site may contain links to third party web sites. You acknowledge and agree that:-
(a) We are not responsible for the availability of such third party web sites;
(b) the content of such third party web sites is beyond our control,
(c) We neither endorse, make any representations nor accept any liability (whether direct or indirect) for such third party web sites or their content, products or services offered at those web sites, or by their sponsoring companies.
4. INTELLECTUAL PROPERTY
4.1. All copyright, trade marks and other intellectual property rights in all material or content supplied as part of the BPI Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors and may not agree nor assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content.
5. PRIVACY
5.1 We will comply with the applicable UK Data Protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
5.2 We respect Your privacy and the confidentiality of Your information. We do not sell lists, accept advertising or generate any third party revenue from Your information.
6. LIABILITY
6.1. The BPI Site is provided to You "as is" and on an "is available" basis. To the fullest extent permitted by law, no warranty or representation, express or implied, is given concerning the information provided on the BPI Site, and We specifically disclaim any implied warranties of title, description, satisfactory quality, or fitness for particular purpose.
6.2. Please note that the information provided on the BPI Site may be out of date, may be changed or updated without notice, and may not be available at all times due to the nature of the internet, and consequently We shall not be liable to You for any error, omission or failure to update such information, or in relation to the availability of such information.
6.3. Further, We accept no liability for any direct or consequential damages arising from any Use of the BPI Site, including without limitation any loss of profits, business interruption, loss of programmes or other data on information handling systems or otherwise.
6.4. For the avoidance of doubt, We do not limit Our liability for death or personal injury to the extent only that it arises as a result of Our negligence, or the negligence of Our directors, employees or other representatives.
7. INDEMNITY
You agree to indemnify Us and Our officers, directors and employees, immediately on demand, against all claims, liability, costs and expenses, including legal fees arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the BPI Site.
8. GENERAL
8.1. We reserve the right to change these terms and conditions at any time by posting changes on line and it is your responsibility to refer to and comply with these terms on accessing and re-accessing the BPI Site. Your continued use of the BPI Site after changes are posted constitutes your acceptance of these terms and conditions as modified.
8.2. If there is any conflict between these terms and conditions and rules and/or specific terms appearing on the BPI Site relating to specific material, then the latter shall prevail.
8.3. If any of these terms and conditions could be determined as illegal, invalid or otherwise by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
8.4. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising herefrom shall be subject to the exclusive jurisdiction of the courts of England and Wales.
8.5. We shall have the right immediately to terminate Your use of the BPI Site if We determine in Our sole discretion that You have breached these terms and conditions or otherwise been engaged in conduct which We determine acting reasonably to be unacceptable.
