Valid from 13 / 05 / 2011
The Digster website is operated by Universal Music Operations Limited (“We/Us/Our”). (“we“). We are registered in England and Wales under company number 0950138 and have our registered office at 364-366 Kensington High Street, London W14 8NS. Our VAT number is 246297439.
This End User Agreement sets out the terms and conditions on which you, the End User may access and use the Digster Playlist Service (“Digster”). Please read the following terms and conditions carefully before you use the Digster service. By using the Digster service you accept and agree to be bound by the terms and conditions set out below and these terms and conditions constitute a legally binding agreement (“Agreement”). If you do not agree with these terms and conditions then please do not use Digster.
We reserve the right to amend these terms and conditions by posting amended and/or updated terms and conditions on the Digster Website at any time. You are responsible for regularly checking these terms and conditions in order to keep up to date with any amendments to this Agreement. Your continued use of Digster will constitute your acceptance of the amended terms and conditions.
Digster is available on the webpage www.digster.co.uk (“Digster Website”).
There are two versions of the Digster service:
(i) a free to End User service (“Digster Free”) or
(ii) a subscription service with additional functions, which you must pay to access by an annual subscription or such other subscription period specified by us from time to time (by an update to these terms and conditions) (“Digster Premium”).
For a more detailed description of the functions contained in the available versions of the service please see the Digster Website.
The Digster Website and all materials that are included in or are otherwise part of the Digster Website including but not limited to playlists, songs, parts of songs, audio recordings, videos, images, graphics, artwork, designs, text, software, trade marks, logos, the “look and feel” of the website and all other materials connected with the Digster Website shall be referred to as “Content” in this Agreement.
2. Terms for Accessing Digster
The Digster Website is intended solely for users aged 16 years or over. Users aged between 16 and 18 years old will need their parent or legal guardian’s permission to use the Digster Website.
Any registration with, use or access of the Digster Website by anyone under 16 years of age without their parent or guardian’s prior written consent is unauthorised.
You must have read and accepted the terms of this Agreement before you may access and use the Digster service.
You are responsible for making all arrangements necessary for you to have access to Digster including obtaining and maintaining all telephone lines, computer hardware and other equipment needed to access the Digster Website. You will also be responsible for all charges related to this. You are also responsible for ensuring that all persons who access the Digster Website through your internet connection are aware of these terms and comply with them. We shall not be responsible for any access or connection to the Digster Website by you or the quality of any connection to the Digster Website. These terms also apply to the use of Digster through a mobile phone device. You should check the rates that are applied for data traffic or other fees connected to the mobile subscription in question before accessing and using the Digster service as you will be responsible for these costs.
Whilst we try to ensure the Digster Website is normally available 24 hours a day, we will not be liable to you if for any reason the Digster Website is unavailable at any time or for any period. For example, access may be suspended without notice in the case of updating website, carrying out maintenance, technical problems or in circumstances beyond our control. Access to the Digster Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any part of the Digster Website and/or any feature/service we provide on the Digster Website without notice (on a temporary or permanent basis). You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Digster Website or any part of it.
From time to time, we may restrict access to some parts of the Digster Website, or the entire Digster Website, to users who have registered with us.
When using Digster, you must comply with the provisions of the Acceptable Use Policy set out at section 8 below.
By using the Digster service and/or by choosing/clicking the “I agree with the terms and conditions” option when creating a Digster account you warrant that:
i) You are at least 18 years old, or if you are between 16 and 18 years old, that you have received the permission of its parent or legal guardian to enter into this Agreement. You warrant that you are not under 16 years old;
ii) You are legally capable of entering into binding contracts ie you have the capacity to understand, agree to and comply with the terms and conditions of this Agreement;
iii) all information provided by you including but limited to your contact details when you register with Digster is true, accurate and complete;
iv) You are a resident of the UK and have a UK billing address for any card used for payment;
v) You will update such information in order to maintain its accuracy;
vi) You are using Digster for private, non-commercial use only and that you will not copy, distribute or share any Content; and
vii) You accept the terms comprised in the Agreement.
In order to access Digster Premium you will need to register your details with the Digster Website and create an account. As part of the registration process, you will be instructed to choose a user name and a password for your account. You should keep any account details (including any password) safe and should not share or disclose them to anyone. You are solely responsible for all acts and/or omissions occurring under your account. Please notify us immediately if you suspect your account details have been compromised at firstname.lastname@example.org. We reserve the right to (i) refuse to grant a username that we determines inappropriate (including without limitation vulgar or offensive names) and (ii) disable your password if at any time you have in our opinion failed to comply with the terms and conditions of this Agreement. Alternatively, if you have a Facebook account, you may access Digster Premium using your Facebook account login details.
You will need to register with the Digster Website and agree to pay the applicable subscription fee in order to access Digster Premium which can be found at http://www.digster.co.uk/premium. By registering with the Digster Premium service you agree to pay the applicable fee to access Digster Premium and payment will be taken when you first register for Digster Premium and will last for the subscription period which is currently 12 months (“Subscription Period”) or if you are using a voucher code, the period specified on your voucher code (“Voucher Period”). If you are using a voucher code please see section 5 below. Payment will be taken in advance of the Subscription Period by the payment method chosen by you from the payment options provided by us (the payment options are more particularly described on the Digster Website at http://www.digster.co.uk/premium. All prices are inclusive of VAT. By registering your account card number (when paying with a credit or bank card) you warrant that you are authorised to carry out the purchase and warrant that you are the lawful holder of the card.
We may change the price of the subscription from time to time and will communicate any such price changes to you before they are applied. Price changes will be applied for the next Subscription Period following communication of the relevant price change.
Access and payment for the Digster Premium service generally requires that you enter into a new subscription agreement for each Subscription Period.
We reserve the right to change the terms of the Digster Premium subscription from time to time. All changes will be communicated to you before they are applied. Any changes will at the earliest be applied at the beginning of the next Subscription Period (or, if applicable, Voucher Period) following communication of the relevant changes. Renewal of your subscription to Digster Premium will constitute your acceptance of and agreement to the changes terms of the Digster Premium subscription.
From time to time we may issue voucher codes which permit access to Digster Premium directly to Digster customers or via third parties. Distribution of voucher codes shall be at our sole discretion. The validity and the period of access to Digster Premium permitted by the voucher codes may vary. Use of a voucher code will permit you to access Digster Premium for the period specified in the terms of the voucher code only. You will need to check the terms of your voucher code before accessing the Digster Premium.
Voucher codes provided directly to customers are for personal, non-commercial use only, are non-refundable and cannot be transferred to a third party or exchanged for money. We reserve the right to terminate the validity of any voucher code at any time.
If you are already a Digster Premium customer then your subscription will start or continue (as applicable) automatically after the period of the voucher code expires and you will be charged your subscription fee as set out in section 4 above for the next Subscription Period at the end of the Voucher Period.
If you are a Digster Free customer before using the voucher code granting free access to Digster Premium then your account will automatically revert to being a Digster Free account at the end of the voucher period, unless you has actively choose to subscribe to Digster Premium.
6. Right to Cancel Your Subscription
You have the right to cancel your subscription to Digster Premium and receive a full refund within 14 days of initial purchase. In order to invoke the right to cancel your subscription your cancellation message should be sent to Universal Music Operations Limited or via e-mail to email@example.com, within 14 days from the date this Agreement was entered into, i.e. the date when you accepted these terms and conditions and registered for Digster Premium.
7. Intellectual Property
All Content contained within or available through the Digster Website is owned and/or controlled by us, our licensors or other rights holders and are solely for your private non-commercial use. Further, the Digster Website and the underlying computer code which has been used to design, build, operate and maintain the Digster Website is protected by intellectual property rights and laws. Copying, distribution or other usage of any computer code, or the Content is prohibited without the express written consent of the rights holders. Unless expressly authorized by us in writing you agree not to commercially exploit, sell, resell, rent, license, copy, reproduce, distribute, publish transmit, alter, edit, adapt or market the Content or publicly perform or display the Content in any way in whole or in part or create any derivative works from the Content. You may only use the Content on platforms owned or leased by you and which support the copyright protection software and/or hardware. You agree not to circumvent the copyright protection software and/or hardware in Digster.
The Content provided through Digster may therefore not be used in any manner which is not expressly permitted under this Agreement and you confirm that you fully understand this limitation and agree to be bound by it by accepting the terms and conditions of this Agreement in accordance with section 3 in the Agreement.
You must comply with the spirit of the acceptable use policy set out in this section 8 as well as the letter. Digster may be used for personal, non commercial use only. Commercial and public use of Digster is prohibited.
There are certain features on the Digster Website which allow you to submit/upload content to the Digster Website (including comments). Whenever you make use of a feature that allows you to submit/upload material to the Digster Website you must comply with our acceptable use policy set out in this section 8.
You are only allowed to use the Digster Website for lawful purposes. You must not use it:
i) in any way that breaches any applicable local, national or international law or regulation;
ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
iii) for the purpose of harming or attempting to harm minors in any way;
iv) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy;
v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as “spam”);
vi) to copy and/or publish Digster Content;
vii) to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware.
You must not attack the Digster Website via a denial-of-service attack or a distributed denial-of- service attack.
You agree not to access without authority, interfere with, damage or disrupt:
i) any part of the Digster Website;
ii) any equipment or network on which the Digster Website is stored;
iii) any software used in the provision of the Digster Website;
iv) any equipment or network or software owned or used by any third party connected or used in relation to the Digster Website; or
v) the security of the Digster service in any manner whatsoever including but not limited to attempting and/or encouraging others to “rip” streams of Content or capture, copy, communicate to the public, publicly perform or download streamed Content.
Any material (including without limitation comments and reviews) submitted by you must:
i) be yours and original to you. Please do not copy someone else’s work. By submitting content you agree you own or have obtained all relevant rights to submit this content;
ii) be accurate (where you purport to state facts) and if you are stating an opinion that opinion should be genuinely held;
iii) be relevant to the Digster Website (i.e. relate to our artists/the music industry generally); and
iv) comply with applicable law in the UK and in any country from which you are posting.
Any material submitted by you must not:
i) contain any material which is defamatory of any person;
ii) contain any material that is sexually explicit or which is obscene, offensive, hateful or inflammatory or which promotes violence;
iii) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
iv) be threatening nor abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
v) be likely to harass, upset, embarrass, alarm or annoy any other person;
vi) infringe any copyright, privacy right or other right of any other person (for example please do not upload someone else’s work or personal information etc);
vii) be likely to deceive any person, including you should not give the impression that content comes from us if this is not the case nor should you impersonate any person, or misrepresent your identity or affiliation with any person;
viii) be in breach of any duty owed to a third party, such as a contractual duty or a duty of confidence. Please do not therefore include your personal contact details or those of a third party;
ix) promote any illegal activity nor advocate, promote or assist any unlawful act such as copyright infringement or computer misuse.
We will do our best to assess any possible risks for users when they use any features provided on the Digster Website, and we will decide in each case whether it is appropriate to moderate the relevant feature (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any features we provide on the Digster Website. We expressly exclude our liability for any loss or damage arising from the use of any feature by a user in contravention of our acceptable use policy, whether the service is moderated or not.
By breaching this section 8, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Digster Website will cease immediately.
9. Information About Content You Submit to Digster
You must ensure that any content you submit to Digster complies with the Acceptable Use policy set out in section 8 above.
Unless expressly stated otherwise at the point of collection, any material you upload to Digster will be considered non-confidential and non-proprietary, and you agree we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party (including relevant law enforcement authorities/agencies) in the event of a claim that any material posted or uploaded by you to the Digster Website constitutes a violation of intellectual property rights or any other rights, or breaches applicable law.
By posting content (i.e. fan reviews or otherwise communicating with us or to the extent possible other users on or via the Digster Website) you are granting to us the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sublicense, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your content for any purpose whatsoever in all formats; on or through any media, now known or hereafter developed. Except as prohibited by law, you waive any moral rights you may have in any content you submit (and agree that you have obtained waivers of all applicable moral rights).
You agree and acknowledge that we do not pre-screen the content you (and other users) submit but have the right (though not the obligation) to review, monitor and moderate that content and we may, in our sole discretion, delete, move, re-format, edit, alter, remove or refuse to exploit content submitted by users without notice or liability including if in our opinion the content does not comply with the Acceptable Use Policy at section 8 above. We do not guarantee that content posted on the Digster Website by users will be maintained on the Digster Website by us for any period of time.
You agree you are responsible for evaluating and bearing any risks associated with the use of content submitted by users. We do not endorse the content submitted by users and we will not be responsible, or liable to you or any third party, for the content, use of or accuracy of any content posted by you or any other user of the Digster Website.
10. Reporting Misuse of the Website or Content in Breach of this Agreement
We are keen to keep the Digster Website free from harmful or illegal material or material that is in breach of this Agreement. If you become aware of misuse of the Digster Website or any Content that you consider to be in breach of this Agreement or if you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
In the event you wish to notify us of any misuse of content or breach of these terms please contact us at email@example.com including in the subject heading of your email “Misuse of Content”. It would be helpful if you also set out details of the content that you claim is in breach of the terms and/or is being misused and sufficient information to allow us to investigate the claim effectively.
11. Reservation of Rights by Universal Music
We will determine, in our reasonable discretion, whether there has been a breach of this Agreement. When we believe a breach has occurred, we may take all or any of the following actions:
i) issue of a warning to you;
ii) immediate, temporary or permanent withdrawal of your right to use the Digster Website;
iii) immediate, temporary or permanent removal of any posting or material uploaded by you to the Digster Website;
iv) legal action against you;
v) disclosure of information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
We reserve the right to fully terminate Digster at its own discretion. In the event that Digster is terminated prematurely we shall refund any payments charged relating to the period after which Digster was terminated.
We will also have the right to gain access to necessary technical information from operators and other network providers in order to provide the current services.
Whilst we use reasonable endeavours to maintain the security of the Digster Website and consumer data through administrative, physical and electronic security measures and regularly update the security measures to ensure they continue to meet the changing needs of running online media, you acknowledge that the Internet may be subject to breaches of security and you should be aware that when you submit content it may not be secure, and you should consider this before submitting any information to us and/or the Digster Website.
13. Our Liability to You
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
The Digster Website, Digster Services and the Content are provided without any guarantees, conditions or warranties as to its accuracy. We do not warrant that this website is error free or up to date. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
ii) any liability for any direct or indirect loss or damage incurred by any user in connection with the Digster Website or in connection with the use, inability to use, or results of the use of the Digster Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
I loss of income or revenue;
II loss of business;
III loss of profits or contracts;
IV loss of anticipated savings;
V loss of data;
VI loss of goodwill; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not represent or warrant that the Digster Website or the features on it will be accurate, error-free or uninterrupted or that Digster is free from harmful components including without limitation viruses. Any use of Digster is at your own risk and we recommend that you install security software on your computer to help block viruses and harmful materials. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Digster Website or on any website linked to it.
Commentary and other materials posted on the Digster Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Digster Website, or by anyone who may be informed of any of its contents.
We have the right to offer from time to time access to Digster via mobile phone devices that it finds suitable. We reserve the right from time to time to cease to support certain mobile phone devices that have previously been supported.
14. Linking to Digster
You may link to our home page only and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You agree you will not establish a link:
i) in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part where none exists; and/or
ii) from any website that is not owned by you.
Framing of the Digster Website is only permitted with our express written agreement which may include conditions on how the framing will be undertaken/displayed.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in our acceptable use policy.
- Links From Digster
16. No Demos
Universal Music does not accept unsolicited demos/recordings sent to us through the Digster Website or any Universal email address contained on the Digster Website and take no responsibility for any material so transmitted. It is Universal Music’s policy not to accept or consider material other than that it has specifically requested and then only subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings between you and Universal Music.
We have the right to assign the Agreement in whole or in part at any time and without any restrictions. You are not permitted to assign the Agreement to a third party in whole or in part.
18. Treatment of personal data
You agree to indemnify and at our request defend Universal Music and its officials, executives, employees and licensors from any claims, demands, damages, losses, liabilities, costs and expenses (including but not limited to legal fees) made by a third party arising from or in any way related to your use or conduct on the Digster service and/or your violation of any of the terms of this Agreement or of laws, regulations or third party rights.
20. Term and termination
The Agreement is entered into and will become effective when you register with Digster and/or commence using Digster (you must agree to the terms and conditions of this Agreement in order to register with Digster and/or use Digster) as set out in section 3 above and will continue until it is terminated by you or us. You may terminate your subscription at any time through your Digster account. The Agreement will be terminated at the end of the current Subscription Period that you have already paid for (i.e. a year). We will not refund any remaining part of fees already paid for your subscription. We reserve the right to terminate the Agreement or close your Digster account at any point in time when if our opinion unauthorized use of Digster has taken place. If we terminate the Agreement or close your Digster account in accordance with this Agreement, we shall have no liability or responsibility to you and will not refund any fees previously paid by you.
This Agreement constitutes all the terms agreed between you and Universal Music and supersedes a These terms and the documents referred to in them, constitute the entire agreement and understanding between us relating to the use of the Digster Website and supersede all prior written or oral understandings, arrangements, representations or agreements relating to such.
A person who is not a party to these terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms, but this clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
If for any reason any part of these terms are deemed unenforceable by a competent authority, then that part of the terms will be deleted and this will not affect the validity or enforceability of the remaining terms.
Any waiver by us of the breach of the terms shall not be deemed to be a waiver of any subsequent breach of any provision.
22. Disputes and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of the Digster Website although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
23. Customer support
If you have any questions regarding Digster or this Agreement the Digster Customer Support may be contacted at firstname.lastname@example.org
Thank you for visiting Digster.