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Terms & Conditions
1.         Introduction

Welcome to the Icoros.com website terms and conditions for use. These terms and conditions apply to the use of the website located at www.icoros.com as the same may be varied, updated and amended from time to time ("the Website").  By accessing and using the Website you agree to be bound by these terms and conditions.


2.         About us

The Website is operated by: Icoros Limited, a company registered in England and Wales, whose registered office is at St James's House, 8 Overcliffe, Gravesend Kent DA11 0HJ.  Our company registration number is 5692253. Our aim is to create a website that helps and assists bands and artists to thrive in the music industry.  We want to be recognised by the mass public as the website to log onto because we are the pioneers for fresh new music.
Throughout these terms and conditions Icoros Limited shall be referred to as 'we' 'us' 'our'.
3.         Downloads

By registering with us and using the Website, you are granted a limited licence to download music from the Website.  A "Download" is a Track or Materials purchased from us that is capable of being transferred to a compatible portable device, or saved to your hard drive or burned to a CD/DVD. The Download service we offer on the Website (the "Service") is only available to persons who are 18 or over.  If you are under 18, you must get your parent or guardian to contract with us on your behalf.

When you register with us, we will make available for you to purchase digital downloads of certain sound recordings (the "Tracks") and related digital content and materials (the "Materials") that we have available and also promotional portions of certain Tracks, in some cases an entire Track made available free of charge (the "Promos") and you may download as many Promos as you like.

Using your secure password and username, you may purchase Tracks and Materials. Payment will be per purchased Track or Materials and will be taken from the credit or debit card that you have registered with us.  See registration and payment process.  Your offer represents an offer to us to purchase a Track or Materials and will be accepted by us only when we send a confirmatory email to you confirming that we accept your offer.

4.         Uploads

By registering with us and paying the annual administration fee you are granted a limited licence to upload recordings and other content on to the Website.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Website ("Your Content").  You certify that you own all intellectual property rights in Your Content.  You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge.  This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

The Website contains content that we create as well as content provided by third parties. This content includes, among other things, reviews and opinions.  We do not guarantee the accuracy, the integrity, or the quality of the content on the Website, and you may not rely on any of this content.  Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of the Websites.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content.  We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these terms and conditions or that is otherwise objectionable.

We have a Joint Online Licence from the PRS/MCPS, which enables us to sell copyright material on the Website.  You agree to notify us as part of the registration process whether any Tracks which you wish to upload are registered with the PRS/MCPS.

5.         Intellectual property rights

The Website includes a combination of content that we create, that our partners create and that our users create.  All materials published on the Website including but limited to the Tracks, Materials or Promos, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the Website (collectively "Content"), including but not limited to the layout, election, organisation, and co-ordination of such Content on the website is the property of or is licensed to us, and is protected by trademark, copyright, and other intellectual property rights laws.

Without our prior written consent, and except as provided in these terms of use, no Content may be copied, reproduced, transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitised, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.

Any security technology that is provided as part of the Service is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in Tracks or Material or any works embodied in them.  By using the Service, you only obtain the right to download and stream the Promos, Tracks and Materials for your own private and domestic use only.  You may not make or distribute copies to any other person or entity.

6.         Registration and buying

You must register your details with us in order to receive the download Service.  We may accept or reject your registration at our sole discretion.  If we accept your registration, we will issue you with a password and username which you must keep secure.  You may then access the Website using your password and username and view Promos and purchase Tracks and/or Materials from time to time.  You are under no obligation to purchase Tracks and/or Materials from us.

When you logged on to the website and you have chosen your Tracks and/or Materials to purchase and added these to your cart, you will be asked to click on the [PURCHASE] button.  At that point a binding contract between us will be formed.

6.1       Registration

You must register with us and provide your name, email address, address and payment details.  We will use this information to process your payments for the Service and also to monitor which Tracks and/or Materials you are permitted to Download.  We are not permitted to allow Downloads in certain countries.  It is important therefore that you give us your correct billing address.  If you give us an incorrect address, and as a result of permitting the Download, we are in breach of any third party licence, we reserve the right to cancel your registration immediately without liability to you and you will be liable to us for any subsequent losses, damages or costs that we suffer as a result.

6.2       Payment

Payment will be taken from the credit or debit card that you have provided details for when you register.  Until the payment is processed and accepted, no access will be given to the Tracks and/or the Materials.  Your payment details will be stored by us and remembered when you use the Service again.  Therefore if you wish to use a different credit or debit card, you must tell us before clicking the [PURCHASE] box.  Refunds are only available in exceptional circumstances at our discretion.

7.         Privacy and technical issues

By using this website, you consent to us using your information in accordance with our Privacy Policy [Here].  You are responsible for making sure your PC or other portable device can receive and play the Downloads.

8.         Your conduct

You are prohibited from posting or transmitting to or from the Website any material that is:

(i)         Threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(ii)        For which you have not obtained any necessary licences and/or approvals;

(iii)       Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(iv)       Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

Do not give out your password.  You will be responsible for any misuse of your password, whether by you or any third party.  Do not allow others to use your account.

Do not make copies of the Promos, Tracks or the Materials.  You are authorised to use the Content for personal and domestic use only.  You are not permitted to make copies of the Promos, Tracks or Materials or other Content to give, sell, loan, broadcast, send or transmit to any third party.

Save in respect of Your Content, you may not upload Content to the Website.  Peer-2-peer file sharing is strictly prohibited.  Any other manner of network file sharing and transfer of Content to devices for such purpose is prohibited.  If Icoros finds Promos, Tracks or Material you have offered or sold on peer-2-peer networks, we reserve the right to terminate this agreement and to pass your details on to the relevant rights owners.

You may not use automated systems for the selection of Tracks or Materials.

You may not misuse the Website (including, without limitation, by hacking) and we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this section.

9.         Links to third party sites

The Website may contain links to third party websites.  We have not reviewed all of these third party websites and do not control and are not responsible for their content or availability.  We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

You may not link any other website to the Website.

10.       Termination

We may at any time cease to make certain Promos, Tracks and/or Materials available.   We may also cease to make Your Content available.

You can terminate this agreement at any time.  You can do this by emailing us of your wish to unsubscribe.  If you unsubscribe, you will no longer be entitled to use the Service, however we may retain your personal information in accordance with the Privacy Statement.  You will also remain liable for any Downloads which are unpaid at that time.

11.       Exclusions

While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period.  We shall have no liability for lost, damaged, or destroyed Downloads or for any damage or loss caused to Your Content.  While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the Content on the Website.  We may make changes to the Content on this website, or to the products and prices described in it, at any time without notice.

The Content on the Website is provided without any conditions, warranties or other terms of any kind.  Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to the Website.

12.       Limitation

In so far as is possible in law, we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect or consequential loss or damages, or any loss of income or profits (whether direct or indirect), data, contracts, use of money, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Website and/or the Service and or Your Content, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website or in respect of Your Content.

13.       General

Unless stated above, no part of this contract is enforceable by anyone who is not a party to it, pursuant to the Contracts (Rights of Third Parties) Act 1999.

These terms and conditions are governed by and construed in accordance with the laws of England and Wales and to the exclusive jurisdiction of the Courts of England and Wales.  
 

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