Terms and Conditions

End User Licence Agreement

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IMPORTANT LEGAL NOTICE
MusicQubed Limited (whose registered number is 07156519 and whose registered office is c/o Shelley Stock Hutter LLP at 1st Floor, 7 – 10 Chandos Street, London, W1G 9DQ, United Kingdom) (“MusicQubed”, “we” or “us”) agrees to provide the MusicQubed Service to you, and you agree to access the MusicQubed Service, subject to these Terms and Conditions of Use (these “Terms”). These Terms create a binding legal contract between you and us which sets out our respective legal rights and obligations in relation to the provision, access and use of the MusicQubed Service. Accessing, viewing and searching the MusicQubed Website is free, but when you access or use the MusicQubed Service, you are deemed to have automatically accepted these Terms and agree to use the MusicQubed Service in accordance with these Terms. We therefore recommend that you read these Terms carefully before registering with us or subscribing for the MusicQubed Service. If you do not accept these Terms, you should not register with us or subscribe for the MusicQubed Service.

Our Contract with You

1.1
A-La-Carte Service means the a-la-carte download store, as may be operated by MusicQubed from time to time, which enables customers to purchase permanent downloads of audio recordings.

“MusicQubed Service” means the Freemium Service, the Subscription Service and the A-La-Carte Service (each as defined below) produced, programmed, managed and operated by or on behalf of MusicQubed, each of which as may be further described elsewhere on the MusicQubed Website.

“MusicQubed Software Application” means the software application provided by MusicQubed to customers for the purpose of using and accessing the MusicQubed Service via Mobile Devices supported by MusicQubed.
“MusicQubed Website” means the website at http://www.MusicQubed/
“Content Provider” means any third party who provides content (including, but not limited to music) for the MusicQubed Service.

“Freemium Service” means a free to consumer service offering customers within the Territory on demand and advertising-free access to the playback of short samples and/or (at MusicQubed’s discretion) full length versions of audio recordings (by way of restricted Tethered Download) which at the time of access form part of a chart compiled and/or authorised by MusicQubed, accessed via the MusicQubed Software Application.

“Mobile Devices” means portable devices with restricted screen size which are able to access the MusicQubed Service via an over-the-air cellular network data connection, but also permitting access via Wi-Fi or a Bluetooth-enabled personal area network (which devices, for the avoidance of doubt and without limitation, shall include smartphones and tablets).
“Subscription Service” means a subscription service offering customers within the Territory on-demand and advertising-free access to the playback of all or a part of full length versions of audio recordings (by way of restricted Tethered Download) which at the time of access form part of a chart compiled and/or authorised by MusicQubed, accessed via the MusicQubed Software Application, in return for a periodic subscription fee.

“Territory” means the United Kingdom of Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.
“Tethered Download” means encrypted digital files embodying audio recordings that are downloaded and securely stored on a consumer Mobile Device supported by MusicQubed for the purpose of the service utilising a technical solution for the purposes of playback, provided that such Mobile Device shall only render the files for playback in the event that such Mobile Device remains authorised as a result of the customer having a valid and subsisting subscription to the MusicQubed Service.


1.2

By ticking the “I agree” box or pressing the “I Accept” button when creating a MusicQubed account or by using the MusicQubed Software Application (for example by the downloading of such application) or the MusicQubed Service, you confirm that you are 18 years of age or older, or that you are 12 years of age or older and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in one of the countries comprising the Territory and shall comply with any territorial restrictions on your use of the MusicQubed Service notified to you by MusicQubed from time to time, that any registration information that you submit to MusicQubed is true, accurate and complete, that you will update such information in order to keep it current and that you agree to be bound by these Terms (as may be amended from time to time on notice to you) and any MusicQubed privacy policy published from time to time. 


1.3

We may accept instructions regarding the MusicQubed Service directly from you or from someone that we are reasonably satisfied has your authority.


1.4

When we provide the relevant services to you, we undertake to do so using a reasonable level of skill and care such as you would expect from a reasonably competent mobile service provider.

Getting Started

2.1

You will need to have access to a suitable Mobile Device and access or a subscription to a service, including data services, in order to access and use the MusicQubed Service. These Terms do not cover the provision of such basic equipment or services necessary to obtain access to the internet or to connect to the MusicQubed Service. Only Mobile Devices that are supported by MusicQubed may be used to access the MusicQubed Service and you agree that MusicQubed has no obligation to support any particular make or model of Mobile Device, whether or not such make or model is currently, or was previously supported by MusicQubed. 


2.2

You must register with us using your correct name, e-mail address and other requested personal information. You agree to provide true, current and complete information about yourself as prompted by our registration form and to promptly update the information that you provide to us from time to time in order to keep it true, current and complete. If we have reasonable grounds to suspect that any information that you have provided to us is in fact untrue, inaccurate or incomplete, we may suspend or terminate your access to the MusicQubed Service. If any of the information that you give to us when you register for the MusicQubed Service changes, including your payment details, you must inform us immediately.
2.3
By signing up for the MusicQubed Service, you are agreeing to immediate provision of those services to you by us. As such, you can cancel your subscription for the MusicQubed Service, free of charge, within the seven (7) day ‘cooling off’ period otherwise provided for under the Consumer Protection (Distance Selling) Regulations 2000 (and this paragraph

2.3
Constitutes the provision of the required statutory notice to you of that fact).


2.4

You are hereby warned that the MusicQubed Service uses the data connection of your mobile phone. If you do not have a proper mobile data plan, you can be charged for all data use by your mobile phone carrier. While many mobile phones automatically disable data usage when roaming (using your mobile phone outside your country or covered area of your carrier), if the data connection is active and you use the MusicQubed Service while roaming, it can and will result in even higher charges, often regardless of regular unlimited mobile data plans. MusicQubed is in no way responsible or liable, for any or all charges you receive from your mobile phone carrier, by using the MusicQubed Service. We recommend that when using the MusicQubed service, particularly for the first time, you do so using a Wi-Fi internet connection as opposed to your mobile network data connection so as to ensure you avoid mobile network data charges. 


2.5

You are hereby warned that the MusicQubed Service is intended for use with your own mobile phone carrier in the Territory in which you subscribed to the service. MusicQubed makes no warranty regarding correct operation whilst your device is connected to other carriers.

Security

3.1

When you sign up for the MusicQubed Service, we will issue you with a username and a password. These are essential for your secure use of the MusicQubed Service, so in turn you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions from us.


3.2

If we have reason to believe that there has been or is likely to be a breach of security or any other misuse of the MusicQubed Service we may:
(a) change your password, in which case we will notify you that we have done this; and/or
(b) suspend your username and password access to the MusicQubed Service (please also see paragraph 8 below).


3.3

If you think that your username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you must inform the MusicQubed support team immediately at support@MusicQubed.


3.4

We will have no liability to you, under these Terms or otherwise, in connection with any unauthorised access to (or use of) your MusicQubed account and/or your data that occurs directly or indirectly as a result of any lost, stolen or misused MusicQubed username and/or password.


3.5

We are not obliged to monitor, detect or report any unauthorised use of the MusicQubed Service and you shall be solely responsible and liable for all user charges that are incurred on your MusicQubed account as a result of any such unauthorised use.

Our provision of the MusicQubed Service to you

4.1

We may need to temporarily suspend the MusicQubed Service for operational reasons (e.g. for repairs, planned or emergency maintenance, upgrades etc.) but, before we do, we will give you as much notice as we can and we will restore the service as soon as possible after any such suspension. We may also have to alter code or access numbers or technical specifications associated with the MusicQubed Service for operational reasons and, where we need to tell you about this, we will give you as much prior notice as we can.


4.2

If we give you instructions about health and safety issues when using the MusicQubed Service, or regarding your use of the MusicQubed Service to ensure the quality of the service that we provide to you and other users, you agree to fully observe those instructions.


4.3

You are hereby advised that the MusicQubed Service requires an internet connection regularly. If your device is prevented from accessing the MusicQubed Service for more than seven days then the MusicQubed Software Application will revert to ‘Limited Service’ mode whereby only purchased content may be played. This ‘Limited Service’ mode will continue until such time as you re-connect to the MusicQubed Service.


4.4

Although we attempt to provide you with the best possible level of service, we cannot guarantee that the MusicQubed service will be free of faults and defects. However, we will correct all reported faults and defects as soon as we reasonably can. If there is a fault or defect with any aspect of the MusicQubed Service, you should contact the MusicQubed support team at support@MusicQubed or login to your account at http://www.MusicQubed and complete a support request form. We will acknowledge your support request and revert within five working days to the email address you supply.


4.5

We may change the nature or scope of the MusicQubed Service, or remove or amend any of the software or content comprising the MusicQubed Service and/or the MusicQubed Software Application, at any time if required or commercially desirable, and without further notice to you. However, we will try to keep you fully informed of any such changes.


4.6

We may monitor messages to or from, and conversations with, the MusicQubed support team for training purposes and to improve our customer service.


4.7

If we cannot do something that we have promised to do in these Terms because of circumstances that are beyond our reasonable control (including, without limitation, any industrial dispute(s) involving any or all of our employees), we will not be liable to you for this. If the applicable circumstances continue for a period of more than three (3) consecutive months, we can terminate the legal contract between you and us immediately by giving you written notice pursuant to paragraph 8.1 below.


4.8

These Terms set out the full extent of our obligations and liabilities to you in respect of the deployment and provision of the MusicQubed Service to you.All conditions, warranties, collateral warranties, representations and other terms concerning the MusicQubed Service which might otherwise be implied into these Terms (whether arising by statute, operation of law or otherwise) are hereby expressly excluded to the fullest extent permitted by law.


4.9

The use of the MusicQubed Service (including but not limited to its content) and the MusicQubed Software Application is at your own risk. Due to the nature of the internet, the MusicQubed Service and the MusicQubed Software Application is provided “as is” and “as available” with any and all faults and (save as stated in these Terms) to the fullest extent possible under applicable law, we do not warrant (either expressly or impliedly) the quality, content, availability or functionality of the MusicQubed Service or the MusicQubed Software Application or any results obtained by you from using the same, nor do we warrant that the MusicQubed Service or the MusicQubed Software Application:
(i) will be free from inaccuracies, bugs, viruses, interruptions or other limitations or that it will operate without fault, error or interruption;
(ii) will meet your particular requirements; or
(iii) is fit for a particular purpose.


4.10

Although you are not required to listen to advertising in order to access the MusicQubed Service, you agree that (i) MusicQubed and its business partners have a right to provide advertising, promotions and other information to you in relation to the MusicQubed Software Application and the MusicQubed Service, and that (ii) MusicQubed has a right to allow the MusicQubed Software Application and the MusicQubed Service to utilise the processor, bandwidth and storage hardware on your Mobile Device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the MusicQubed Software Application and the MusicQubed Service, and to facilitate the operation of the network on which the MusicQubed Software Application and the MusicQubed Service runs.
Content that we provide to you


5.1

As part of the MusicQubed Service, we may provide you with applications, data, information, video, graphics, sound, music, photographs, software and other material. This content is always changing, as we try to provide you with the best possible service, and therefore, from time to time, you may notice changes in the content you can access through the MusicQubed Service.


5.2

The content that we provide to you from time to time can only be used for your own private purposes and you acknowledge that such content is subject to the rights of the owners and rights holders of such content and protected by copyright, trademark and all other applicable intellectual property rights. You are not allowed to copy, reproduce, store, adapt, modify, dis-assemble, transmit, distribute externally, play or show in public, broadcast or publish any part thereof.


5.3
Although we take suitable precautions, we cannot guarantee the accuracy or completeness of any of the content that we provide or make available to you through the MusicQubed Service. For this reason, your use of that content (for whatever purpose) is entirely at your own risk.


5.4

Some of the content that we provide or make available to you through the MusicQubed Service (including without limitation the A-La-Carte Service) will have its own (separate) terms and conditions which apply to the use of that content. Those terms and conditions may be displayed online or elsewhere. If you access any such content, you will need to comply with the applicable terms and conditions. Furthermore, your ability to access any content provided by us to you, as part of the MusicQubed Service, will cease when our legal contract with you ends.
Your use of the MusicQubed Service


6.1

By signing up to use the MusicQubed Service, you are agreeing to pay any and all user charges applicable to the MusicQubed Service (or part thereof) to which you have signed up, as notified by us to you from time to time. All user charges payable by you to us must be paid by you without set-off or deduction. All user charges will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that the card is issued in your name. All prices stated within the MusicQubed Service and/or on the MusicQubed Website and/or otherwise communicated to you are inclusive of VAT (where applicable) and other applicable taxes and fees.


6.2

When signing up to use the MusicQubed Service for the first time, you will be entitled to a trial period during which you will be able to enjoy all of the functionality and benefits provided by the MusicQubed Software Application without having to make any payment (other than to purchase permanent downloads of audio recordings), agree to make any future payment, or enter into any subscription agreement. Such trial period will run for a period of eight (8) weeks from the date on which you download or activate the MusicQubed Software Application for the first time. Towards the end of your trial period you will be asked whether you wish to subscribe to the MusicQubed Service with effect from the end of your trial period. If you agree to subscribe to the MusicQubed Service at the end of your trial period, these Terms shall continue to apply to your use of the MusicQubed Service. If you do not agree to subscribe to the MusicQubed Service at the end of your trial period, the contract created by these Terms will be automatically terminated with effect from the end of your trial period. 


6.3

You must take all reasonable precautions to ensure that no one (including you) uses the MusicQubed Service:
(a) fraudulently and/or in connection with any other criminal offence;
(b) to send, knowingly receive, upload, store, download or use any material which is offensive, abusive, indecent,
libelous, obscene or menacing, or in breach of confidence or privacy or which infringes copyright or any other
intellectual property rights or other third party rights;
(c) to cause annoyance, inconvenience or needless anxiety to anyone;
(d) to ‘spam’ or to send, or provide, unsolicited advertising or promotional material, or to knowingly receive
responses to any ‘spam’, unsolicited advertising or promotional material, sent or provided by any third party;
(e) in an unlawful manner, in contravention of any applicable legislation, laws, codes of practice, licences or third
party rights or in contravention of our acceptable use policies (which are deemed to be incorporated in these
Terms) which are located on the MusicQubed Website (as the same may be amended from time to time); or
(f) in a way that does not fully comply with any and all instructions that we may give to you from time to time in
relation to the MusicQubed Service.
The action(s) that we can take if the MusicQubed Service is used in contravention of this paragraph 6.3 are explained in paragraph 8 below.


6.4

If we think that your use of the MusicQubed Service at any time may:
(a) impair the security or efficiency of the system and/or the network used to provide the MusicQubed Service; or
(b) interfere with, disrupt or cause the detrimental performance of the MusicQubed Service for you and/or for any
other user, we may suspend your access to the MusicQubed Service. Suspension of your access to the MusicQubed Service is further explained in paragraph 8 below. If possible, we will give you prior notice if we do decide to suspend your access to the MusicQubed Service.


6.5
We may make software (including without limitation the MusicQubed Software Application) available to you that enables you to use different parts of the MusicQubed Service. You must not copy or modify this software or any part of it. It is important that, if applicable, you only access the relevant part of the MusicQubed Service through the MusicQubed Software Application or in any other way that is expressly permitted by us. You must not attempt to circumvent any security measures or other technology (including any territorial restrictions) that we choose to put in place from time to time in relation to all or any part of the MusicQubed Service.


6.6

When we provide you with the MusicQubed Service it, and any associated content, is intended strictly for your use only. Therefore, you must not re-sell, transfer, assign, charge, license or sub-license the MusicQubed Service (or any part of it), or any associated content, to anyone else.


6.7

The MusicQubed Service allows you to access certain sites on the internet. The internet is separate from the MusicQubed Service and your use of the internet is conducted at your own risk and subject to any and all applicable laws and codes of practice. We have no responsibility for any goods, services, information, data, applications, software or other materials that you download, access or otherwise obtain when using the internet through the MusicQubed Service.


6.8

You agree to indemnify and hold MusicQubed and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your breach of these Terms or your breach of any laws, regulations or third party rights.

Your Data

7.1

MusicQubed will store only those details required for us to provide you with the MusicQubed Service.


7.2

As part of the MusicQubed Service, all of your data that is stored with us is stored in the United Kingdom. As such, this data is stored in accordance with applicable data protection legislation.

7.3
As part of the MusicQubed Service, MusicQubed receives your usage information and personal information (including but not limited to your name and email address) from the MusicQubed Software Application. You hereby consent to MusicQubed collecting, collating and analysing this information. 


7.4

MusicQubed may, at its own discretion, choose to share the usage information as stated in paragraph 7.3 above with its Content Providers. Any information shared with its Content Providers will strictly be on an anonymous basis and subject to the MusicQubed privacy policy. 


7.5
MusicQubed may enter into agreements with ‘Go to Market Partners’. MusicQubed may, at its own discretion, choose to share your usage information and personal information as stated in paragraph 7.3 above with its ‘Go to Market Partners’, subject to the MusicQubed privacy policy. For the avoidance of doubt, this may include your name and email address. A ‘Go to Market Partner’ for the purpose of paragraph 7.5 above is any third party who contracts with MusicQubed for MusicQubed to build and/or operate a branded version of the MusicQubed Service on behalf of the aforementioned third party and under one or more of their recognised brands.

Suspension or termination of the MusicQubed Service

8.1

The contract between you and us created by these Terms, and the provision of the MusicQubed Service by us to you, can be terminated without cause and without any liability:
(i) by us giving one (1) month’s prior notice to you; or
(ii) by you giving one (1) week’s prior notice to us.


8.2

We can also suspend the provision of the MusicQubed Service to you, and/or terminate the legal contract between you and us, at any time:
(a) with immediate effect, if you fail to pay any user charges due from you in connection with your use of the MusicQubed Service or if you otherwise materially breach any of these Terms;
(b) with immediate effect, if we believe that the MusicQubed Service is being used by you in a manner prohibited by paragraphs 6.3 and/or 6.4 above, even if you do not know that the MusicQubed Service is being used by you in such a manner;
(c) upon reasonable notice, if you breach these Terms in any other way and fail to remedy the breach within a reasonable period of being asked to do so by us;
(d) with immediate effect, if bankruptcy or insolvency proceedings of any sort are brought against you, you make any arrangement with your creditors or a receiver or administrator (or any equivalent manager or official) is appointed over any or all of your assets;
(e) with immediate effect, if we have terminated your use of any MusicQubed Service previously provided to you due to your breach or default;
(f) with immediate effect, if we are required to suspend the MusicQubed Service by law or by any governmental or regulatory authority; or
(g) in the circumstances described in paragraph 2.2 above.
If we do suspend the provision of the MusicQubed Service to you, or terminate the contract created by these Terms, pursuant to paragraphs (a), (b), (d) or (e) above, we will inform you of such suspension or termination as soon as reasonably possible and also explain why we have taken this action.


8.3

If we decide to suspend the provision of the MusicQubed Service to you and/or to suspend your use of any password or username, for any reason whatsoever, we will restore your access to the MusicQubed Service (if neither of us have terminated this contract in the interim) when you satisfy us that you will only use the MusicQubed Service as agreed pursuant to these Terms.


8.4

If we decide to suspend the MusicQubed Service, the legal contract created by these Terms will continue during the period of suspension and you will still have to pay all relevant user charges arising during such period.


8.5

If you do not use your MusicQubed account for a period of 180 days or more, we may suspend your account without further notice to you. In such circumstances we will cancel all functionality provided to you as part of the MusicQubed Service. We will restore your account, as soon as reasonably practicable, if you seek to use it at any time after suspension and provided that you have paid all applicable user charges in full.


8.6

If a Content Provider requires that MusicQubed removes any specific content then MusicQubed may do so with immediate effect and without notice to you.


8.7

On the termination of the legal contract between you and us, all of the provisions of these Terms will cease to have effect save that any provision which can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect notwithstanding any such termination. We shall have no liability to you in connection with the termination of the legal contract between you and us, including for any compensation, reimbursement (including without limitation of user charges for any period in respect of which you have paid for the MusicQubed Service but not used the same either prior to or after the date of termination) or damages, but the termination of that contract will not release you from your liability to us with respect to any user charges or other sums accruing prior to such termination nor prohibit us from pursuing any remedies available to us to recover the same.
Our liability to you

9.1

We will be liable to you if you are injured or die as a result of our negligence in the provision of the MusicQubed Service. We do not seek to limit or exclude our liability to you in such circumstances, whether under this paragraph 9 or in any other way, nor do we seek to limit or exclude any other liability which, as a matter of law, we cannot limit or exclude.


9.2

We will have no liability to you of any sort (whether in contract, negligence or otherwise) for:
(i) any special, punitive or incidental damages or for any loss that is not reasonably foreseeable when our
provision of the MusicQubed Service to you starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit (actual or anticipated) or savings that you expected to make, wasted expenditure or for any indirect or consequential loss of any kind;
(ii) the acts or omissions of any third party providers of telecommunication services or for any faults in (and/or any failures of) any of their networks, services and/or equipment;
(iii) any unauthorised access to (or use of) your MusicQubed account and/or your data that occurs as a result of any lost, stolen or misused username and/or password;
(iv) any damage to any hardware, software or data (including your own data) stored or used in connection with the MusicQubed Service including, without limitation, the cost of repairing, replacing or recovering the same;
(v) any loss or damage suffered or incurred by you as a result of any performance or communication failure, operational delay, error, omission, interruption, deletion, defect, computer virus or security breach arising in connection with the provision of all or any part of the MusicQubed Service;
(vi) any threatening, defamatory, obscene, offensive or illegal data or other content which is or becomes available or accessible as a result of your use of the MusicQubed Service; or
(vii) the conduct of any third party or any infringement of any third party’s rights (including intellectual property rights) arising out of your use of all or any part of the MusicQubed Service.


9.3

Any other liability to you of any sort (including any liability to you for negligence), arising in relation to our provision of the MusicQubed Service to you, is limited to GBP10,000 for any single event or related series of events and to GBP15,000 for all events in any twelve (12) month period.


9.4

MusicQubed does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the MusicQubed Service or any hyperlinked website, or featured in any banner or other advertising. MusicQubed will not be responsible for any transaction between you and third-party providers of products or services advertised on or through the MusicQubed Service. You should use your own judgment and exercise caution where appropriate in deciding whether to enter into any transaction with a third party. No advice or information whether oral or in writing obtained by you from MusicQubed shall create any warranty on behalf of MusicQubed in this regard.


9.5

Each provision of this paragraph 9 operates and applies separately and survives independently of the others.

Intellectual property rights

10.1

The MusicQubed Service and the MusicQubed Software Application and each part or element of each of the same, including any and all related content, software, source code and object code, all of our proprietary intellectual property rights, any know-how or works arising in connection with the MusicQubed Service and/or the MusicQubed Software Application and any and all other information or data (in whatever form or medium and including all copies thereof) related to the MusicQubed Service and/or MusicQubed Software Application and/or our business is, and will at all times remain, our sole and exclusive property but we hereby grant to you a non-exclusive, revocable, non-transferable, royalty-free, limited licence thereof to the extent required for you to make personal, non-commercial use of the MusicQubed Service and the MusicQubed Software Application (including a right to download the MusicQubed Software Application) and to receive by Tethered Download the media content made available through the MusicQubed Service. Such licence will automatically and irrevocably terminate on the termination of the legal contract between us.


10.2

You undertake to us that you shall not copy, reverse engineer, decompile, dis-assemble, sell, lease, license or sub-license the MusicQubed Service or any content provided to you in connection with the MusicQubed Service.

General

11.1

Variations: we may change any of these Terms, including (without limitation) the amount or rate of any of our applicable user charges, at any time. However, we will give you at least fourteen (14) days notice of any such change before it takes effect. If you do not wish to be bound by any changed user charges relating to the MusicQubed Service you may terminate your subscription to the MusicQubed Service in accordance with paragraph 8 (Suspension or termination of the MusicQubed service) above. Your continued use of the MusicQubed Service after the communication of such changed user charges to you shall constitute an acceptance of such new user charges. Please note that certain provisions of these Terms may be superseded by express legal notices and/or specific terms located on the MusicQubed Website.

11.2

Assignment: MusicQubed may assign this agreement or any part of it without restrictions. You may not assign this agreement or any part of it to any third party.


11.3

Notices: if either we or you give notice to the other party pursuant to these Terms, such notice must be either sent by e-mail using the MusicQubed Service or sent in writing and delivered by hand, or sent by pre-paid first-class post, to the addressee at
(i) in our case, the postal address or e-mail address shown on the MusicQubed Web Site or any alternative postal or e-mail address which we may give to you from time to time for this purpose; and
(ii) in your case, if you are a company, at your registered office address or principal place of business, at the postal address you specify when registering for the MusicQubed Service, at any alternative postal or e-mail address which you may give to us for this purpose or at your MusicQubed e-mail address (if provided to you as part of the MusicQubed Service). You are responsible for checking all e-mails that are sent to the e-mail
address which you provide to us at the time of your registration with us as well as the e-mails sent to your MusicQubed e-mail address (if provided to you as part of the MusicQubed Service).


11.4

Waiver: neither we nor you shall be considered to have waived any right under these Terms because of any failure or delay in exercising that right nor shall any waiver of any breach of any provision of these Terms be deemed a waiver of any preceding or succeeding breach of the same (or any other) provision. A waiver of any right arising under these Terms is only effective if it is in writing and shall apply only to the party to whom the waiver is addressed and to the circumstances for which it is given. Unless specifically provided otherwise in these Terms, all rights and remedies arising under these Terms are cumulative and do not exclude any other rights or remedies provided or available by law.


11.5

Third party rights: a person who is not a party to the contract formed by these Terms has no right, under the Contracts (Rights of Third Parties) Act 1999 or otherwise, to enforce any provision of these Terms.


11.6

Validity: if any provision (or any part of any provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall nevertheless remain applicable and in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if part of it were to be deleted or otherwise modified, the provision shall apply with whatever deletion or other modification is necessary to give effect to the commercial intention of the parties


11.7

Governing Law: the laws of England govern these Terms and we and you both agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute arising out of these Terms.

PRIVACY POLICY
MusicQubed Limited (“We”) are committed to protecting and respecting your privacy.
This policy (together with our terms of use Terms and Conditions and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is MusicQubed Limited of 4th Floor, 3-8 Bentinck House, Bolsover Street, London W1W 6AB (Our Business Address).
Our nominated representative for the purpose of the Act is Warren Carley

INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Information that you provide by filling in forms on our site http://www.MusicQubed (our site), or thought our various third party services as outlined in our terms and condition. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion, and when you report a problem with our site.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our site and of the fulfilment of your orders.
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
Through use of our service we also collect information including, but not limited to, the content you have used, listened to or purchased, your geographical location, gender, and age handset and operating system type.

IP ADDRESSES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

COOKIES
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION
We use information held about you in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, telephone or email.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please notify us by email at support@MusicQubed.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If MusicQubed Limited, its parent company or any of its subsidiaries or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation including but not limited to and third party partner obligations, or in order to enforce or apply our terms of use Terms and Conditions and other agreements; or to protect the rights, property, or safety of MusicQubed Limited our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right at any time to prevent such processing by contacting us at support@MusicQubed.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@MusicQubed.com

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