Welcome to the Icoros.com website terms and conditions for use. These
terms and conditions apply to the use of the website located at
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.
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.