WEBSITE AND APP TERMS AND CONDITIONS OF USE
- memorytracks.co.uk (the “Website”) and our mobile application software entitled “Memory Tracks” (the “App”) is a website and mobile application owned and operated by Memory Tracks Ltd, a company incorporated in England & Wales with company number 10791734 whose registered office is at 2, Grove House, Blackheath Grove, London, SE3 0DG(“we”, “us”, “our”or “Memory Tracks”).
- These Terms apply to all use of the Website and the App by you, whether as a browser or a subscriber, and form a legal agreement between you and us.
- By using the Website and downloading the App you are confirming that you understand and accept (and are able to understand and accept) these Terms, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these Terms, please ask a parent or guardian to explain their meaning to you. You must not use the Website or download the App if you are under 16.
- You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices / tablets that are controlled, but not owned, by you (“Devices“) to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the App on or in relation to any Device, whether or not it is owned by you.
- We offer the App through application and/or games stores including, without limitation, the Google Play Store, and the Apple App Store (each a “Store”). That means you need a Store account to purchase, download and access the App. The ways in which you can purchase, download, access and/or use the App may also be controlled by other relevant Store’s terms and conditions and policies as made available to you by other relevant Stores. To the extent that there is a conflict between these Terms and the relevant Store’s terms from which you purchased (where applicable) or installed the App, the Store’s terms shall prevail to the extent of the conflict.
- The ways in which you can subscribe to and use the App may also be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store. Again, to the extent that there is a conflict between these Terms and the relevant Store’s terms from which you purchased (where applicable) or installed the App, the Store’s terms shall prevail to the extent of the conflict. By purchasing and/or downloading the App from the Google Play store, you acknowledge that you have reviewed and accepted the Google Play Terms of Service (available online here: https://play.google.com/intl/en-GB_uk/about/play-terms.html) and Google Play Terms of Business (available here: https://play.google.com/intl/en-GB_uk/about/device-terms.html). By purchasing and/or downloading the App from the Apple store, you acknowledge that you have reviewed and accepted the Google Play Terms of Service (available online here: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/)
- We do not sell the App to you. We remain the owners of the App at all times.
- We may make alterations to these Terms from time to time
- TERMS REQUIRED BY APPLE
- If you download the App through the Apple Store then the following terms are the terms which we are required by Apple Inc, (“Apple”) to notify you of and obtain your consent of in respect of using the App on the Apple iOS platform:
- Acknowledgement: You and we acknowledge that these Terms constitute an agreement which is concluded between you and us only, and not with Apple, nor any subsidiary or affiliate company of Apple. You also acknowledge that we are solely responsible for the App and the content within the App.
- Maintenance and Support: We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Product Claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
- Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
- Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that when you accept the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
- Third Party Terms of Agreement: We may use third party software and services provided by (amongst others) Facebook, Youtube and Twitter with the App. Use of the App is therefore subject to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the App.
NOTE: We license use of the App to you on the basis of these Terms and subject to any rules or policies applied by any Appstore provider or operator, including without limitation Google Play and Apple iTunes (“App Store”), from which you downloaded the App (“App Store Terms”).
- ELIGIBILITY AND APPROVAL
- You may browse the Website and download the App without subscribing but in doing so you accept and agree that certain areas of the Website or the App will not be available to you unless you subscribe with us.
- To register and/or to subscribe to the Website or the App you will be asked to provide certain information about yourself; this is more particularly set out below.
- We, in our sole discretion, will have the right to refuse to allow you to register or subscribe to the Website. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or subscription of the Website.
- When you subscribe with the Website or the App you will create an account (“My Account”). You may set up and subscribe to more than one account, but each account will be unique and personal to you. You may not share accounts with another user or subscriber.
- GENERAL REPRESENTATIONS AND WARRANTIES
- You hereby represent and warrant: (i) you have the full power and authority to enter into and perform under these Terms and Conditions, (ii) your use of the Website and/or the App will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (iii) you will comply with all applicable laws and regulations in using the Website and/or the App and in engaging in all other activities arising from, relating to or connected with these Terms.
- MINIMUM SPECIFICATIONS FOR USE OF THE WEBSITE
- Your Device must be of sufficient technical specification to be able to access and operate the App and Music Content (as defined in Content Clause below) in the format and/or operating systems that are set out in the Google Play Store or Apple Store, or otherwise set out on the Website.
- We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the Website and/or the App or any content and/or pages contained on or available through the Website and/or the App, or for any damage caused to your Device or computer resulting from its incompatibility with the technical specifications posted on the Website and/or the App.
- You accept that it is your responsibility to install appropriate anti-virus and security software on your Device or computer to protect against a computer security threat which may be transferred to your Device or computer hardware through the use of the Website and/or the App including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer’s functionality or operation.
- CONDUCT AND USE OF THE SITE
- You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or the App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website and/or the App.
- You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website and/or the App, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Website and/or the App or any network connected to the Website and/or the App, nor breach the security or authentication measures on the Website and/or the App or any network connected to the Website and/or the App.
- You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website and/or the App, or any other customer of ours, including any account not owned by you, to its source, or exploit the Website and/or the App or any service or information made available or offered by or through the Website and/or the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website and/or the App.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or the App or any transaction being conducted on the Website, or with any other person’s use of the Website and/or the App.
- REGISTRATION FOR SUBSCRIPTION
- If you wish to subscribe to Memory Tracks via the App, you must do so via the Google Play Store or the Apple Store, and in accordance with its terms and conditions (please see Clauses 1.5 to 1.9 above). In doing so, you agree to: (i) abide by the Google Play Store or Apple Store terms and conditions in all respects and further provide true, accurate, current and complete information about yourself (as may be required by Google Play Store or Apple Store); and (ii) maintain and promptly update that information to keep it true, accurate, current and complete.
- We shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses.
- SUBSCRIPTION PAYMENTS, CANCELLATIONS, AND COOLING OFF
- You may purchase a subscription via Google Play Store or the Apple Store and in accordance with their respective terms and conditions (please see Clauses above).
- We may change the price for subscriptions, including recurring subscription fees, from time to time and will inform you of these changes in advance and, if applicable, how to accept those changes. Any changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Website and/or the App after the change takes effect. If you do not agree with a price change, you can decide not to accept the change by unsubscribing from or cancelling your subscription before the price change takes effect.
- If you register for a subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within 14 days starting from the day you sign-up for the relevant service (the “Cooling-off Period”). In registering for a subscription, you authorise us to charge you the subscription automatically each month until you cancel. You agree that the Cooling-off Period is available for 14 days after your purchase but will no longer apply if you use Memory Tracks once during that period
- Your subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. Cancellation will take effect the day after the last day of the current subscription period, and you will then only be entitled to use the Website or the App as a browser.
- If you cancel your payment or after the Cooling-off Period is over, or before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to us before the Cooling-off Period is over, you must contact us . When we process any refund, we will refund amounts using the method you used for payment. Once you cancel your Subscription you will no longer be able to access, stream or listen to your Music Content (as defined below).
- RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
- Other than in respect of your User Content and/or any Music Content (as defined in Content Clause below), unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website and the App belong to and vest in us, or are licensed tous.
- The “MEMORY TRACKS” logo is a trade mark belonging to us. We give no permission for the use of this trade mark and such use may constitute an infringement of our rights.
- All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.
- You agree to comply with these Terms and all rules applicable to the use of the Website and the App.
- hack, modify, reverse engineer or create derivative works of the Website or the App or any part of them;
- gain unauthorised access to any part of the Website or the App;
- remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website or contained in the App;
- create software which replicates or mimics the data or functionality in the Website or App;
- use your access to the Website or App for the sending of direct marketing;
- make any part of the Website or App available to a third party who does not agree to these Terms;
- copy or exploit any part of the Website or App or the content they contain (except where we expressly permit you to do so);
- use the Website or App or any part of them unfairly or for any illegal or immoral purpose; or
- attempt to do any of the acts listed above.
- The Website and the App enables you to post or upload your own content (“User Content”), and us to provide music (being both sound recordings and the musical and lyrical compositions embodied on such recordings) (“Music Content”), without review or moderation. The Website and App are each therefore merely a conduit of User Content and Music Content.
- We understand and acknowledge that your User Content may be sensitive and confidential and we shall not disclose or make available your User Content to any person other than you (unless we are required to do so by law or by order of a court).
- The views expressed in any User Content are the views of the individual authors and not those of us unless specified otherwise by us.
- We disclaim all liability in respect of any comments, views or remarks expressed in any User Content and/orMusic Content.
- Upon your cancellation of your subscription and/or our termination of your access to the Website or the App, we will retain your User Content for a period of 1 month. You can ask us to provide access to your User Content during that 1 month period by following this link [insert html link]. After that 1 month period we will delete all your User Content and, to the fullest extent permitted by law, we disclaim all liability (howsoever arising) arising from our deletion of your User Content after such 1 month period.
- By using the Website or the App you acknowledge that we have no responsibility to review the content of any User Content and/orMusic Content which is made available on the basis that we are not required to exercise any such control or judgement over User Content.
- If you submit User Content through the Website or the App then you:
- grant us a non-exclusive licence to copy, store and reproduce your User Content solely to allow us reproduce and make your User Content available to you or your Carer;
- will not post or upload any User Content which:
- is unlawful;
- infringes the rights of any third party;
- is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
- is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
- harasses any person;
- may be deemed a marketing or commercial communication or promotes the products or services of any person;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
- MUSIC CONTENT – TERMS AND CONDITIONS
- Once you have subscribed to the App and paid the subscription fee to us we shall provide you with access to a catalogue of Music Content from which you can select such music as you would like to play in connection with those tasks that you have chosen (your “Activities”).
- You can only play or use your selected Music Content when you access the App. You are not allowed to download, copy or otherwise transfer your Music Content to your Device’s hard drive or to any other device, computer, media or storage facility. You may only use Music Content in connection with your Activities. You may not use, copy or broadcast your Music Content for any other purposes.
- We do not guarantee that your selected Music Content will always be available. For reasons beyond our control it may not be possible to ensure the availability of individual Music Content. Where we are unable to provide, or continue to provide, access to your Music Content we will use our reasonable endeavours to notify you in advance of this.
- Your access to your Music Content will stop upon your cancellation of your subscription or our termination of these Terms and Conditions.
- We provide and maintain the Website and the App on an “as is” basis and are liable only to provide our services with reasonable skill and care.
- External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website or the App link.
- We give no other warranty in connection with the Website or the App and to the maximum extent permitted by law, We exclude liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware;
- the accuracy, currency or validity of information and material contained within any User Content, the Website, or the App;
- any interruptions to or delays in updating the Website or the App;
- any incorrect or inaccurate information on the Website or the App;
- the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website or the App;
- the availability, quality, content or nature of External Sites;
- any transaction taking place on External Sites;
- any transaction with a third party retailer taking place on the Website or via the App;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, Device, software, data or other property caused by any other person accessing, using or downloading the Website, the App or any part of them, or any User Content; and
- all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
- We do not warrant that the operation of the Website or the App will be uninterrupted or error free.
- We will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
- Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
- You agree not to use the Website or App in any way which is:
- may give rise to civil or criminal liability for us; or
- which might call us into disrepute.
Without limiting any other rights we may have, we may cancel or suspend access to the Website and/or the App if you breach any of these Terms.
- These Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
- Failure to enforce any term does not constitute a waiver of that term.
- If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
- The Website and the App is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Website or the App complies with the laws of any other country.
- These Terms are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts. This clause does not deprive you of any mandatory consumer protections to which you may be entitled in your country of residence.
- We will be entitled to assign and otherwise transfer the agreement covered by these Terms by giving you reasonable notice, which may include notice given via the Website or through the App.
- All questions, comments or enquiries should be directed to us. We will try to respond to within 48 hours.
MEMORY TRACKS LIMITED
Company Number 10791734
2 Grove House