Terms of Use


Introduction

Please read these terms and conditions carefully as they apply to your access to, and use of the services described in this part of, our Website. We also ask you to refer to our Privacy Policy which sets out how we treat information about visitors to our Website.

When first registering to upload music to our Website, you will be asked to check a box indicating that you have read, understand and agree to these terms and conditions and wish to proceed on the basis of them. We cannot let you use our Website to upload music unless you confirm this by checking the appropriate box.

Please pay particular attention to the section entitled Use of Music Uploads which sets out the ways in which music uploaded by you may be used by us. By agreeing to these terms and conditions, you are agreeing to the use of your music for promotional purposes (as further described in the Use of Music Uploads section). We can also provide additional assistance aimed at generating revenue and further exposure for artists. However, if you are not interested in us making use of your music for the other purposes described in the Use of Music Uploads section, you may indicate this by unchecking the appropriate box(es) on registration.

These terms and conditions form the entire agreement between you and us with respect to the use of our Website to upload music and the services we provide through it and replace all previous communications and agreements between us, whether electronic, oral or written, regarding the subject matter contained in our Website.

Please feel free to save these terms and conditions or print a copy of them for your future reference. A printed version of these terms and conditions and of any notice given in electronic form can be used in court or administrative proceedings in the same way as other business documents and records originally created and kept in printed form.

We may change these terms and conditions at any time by posting changes online and you should refer to and comply with these terms and conditions on accessing our Website. Your continued use of our Website after changes are posted constitutes your acceptance of these terms and conditions as modified. Click here to find information about Amazing Media Group Limited.

Hyperlinks and Other Websites

Our Website may include hyperlinks to websites operated by other parties and content posted by visitors to our Website. We are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their content. We are not responsible for the content of external websites that link to our Website or which are linked from it. Nor are we responsible for any content posted to our Website by visitors.

Intellectual Property Rights Notice

The name “Amazing Media Group Limited” and the amazingtunes.com, Amazing Radio, Amazing Instore and other “amazing” names/logos are trade marks of Amazing Media Group Limited.

Any copyright and/or other intellectual property rights in our Website (including, without limitation, those relating to its design, arrangement and look and feel) and all content on our Website, other than material posted onto our Website by users, is and shall remain the property of Amazing Media Group Limited or our licensors. We acknowledge that any copyright in music or other material posted onto our Website by users remains with the owner of such copyright.

Users are allowed to read the contents of our Website and access the music which is available through it. Save where otherwise expressly provided, all other use and any copying of the contents on our Website (including, in particular without limitation, music tracks posted onto our Website by other users) is forbidden.

Amongst other things, you must not post, modify, distribute, or reproduce in any way any copyright material, trade marks or other items belonging to others without first getting the written permission of the owner of the rights in such items. We reserve the right to suspend or terminate the membership privileges of any person who infringes the rights of others.

Security

Any information you give to us will be stored and used in accordance with our Privacy Policy.

Access to your user account with us and the material available on our Website will be gained by using the username and the password selected by you during the registration procedure. You are responsible for all activities on your account and you should keep your password and account details secret. With this in mind, you should restrict access to your computer, not leave it unattended while you are logged on to our Website and ensure that you log off each time you have finished.

You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account. We will refuse service or terminate your account if we suspect an unauthorised person is attempting to access it.

Please be aware that we cannot guarantee that any data transmission over the internet is secure and you should bear this in mind when submitting any information to our Website. Further, you should note that in creating and storing music on our Website, access to such music will be available free of charge to any third party over the internet and we have no control over how such music will be used by third parties. In this regard, your attention is drawn to the Limitation of Liability section below.

Music Uploads

In posting a track onto our Website, you promise us that:

(a) you are the owner of the copyright in the track or have been given permission by the copyright owner to upload the track;
(b) the track is an original work and, in particular but without limitation, no music owned by anyone other than you or, if appropriate, the copyright owner was used in the production of the track; and
(c) you or, if appropriate, the copyright owner have obtained all permissions necessary for the upload of the track.

We will remove any track postings from our Website without notice if we become aware that such posting was not authorised or otherwise infringes the copyright of any third party. If anyone suggests that a track infringes their rights we may remove that track while we investigate.

If you or, if appropriate, the copyright owner grant, or have granted, any rights (exclusive or non-exclusive) to any third parties or appoint, or have appointed, any agency/agencies, such as a music licensing company and/or performing rights organisation (including PPL or PRS for Music), you must let us know so that we can ensure your music uploads can be used under any arrangements we, you or the copyright owner have in place with those organisations.

If you believe that the posting of any music on our Website constitutes copyright infringement, please inform us as soon as possible and provide us with the following information: (i) a description of the copyright work that you claim has been infringed; (ii) a description of where the material that you claim infringes copyright is located on our Website; (iii) your address, telephone number and e-mail address; (iv) a written statement by you that you honestly believe that the disputed use is not authorised by the copyright owner, their agent or the law; (v) a statement by you that the above information in your notice is accurate and that you are the owner of the copyright in the allegedly infringed work or are authorised to act on the copyright owner's behalf.

Use of Music Uploads

You agree that tracks uploaded to our Website by you can be played on Amazing Radio and used for any other promotional purposes relating to the tracks themselves or our Website or services (including, but not limited to, in relation any competitions run by us). This may include, in particular but without limitation, the transmission of the tracks through other radio stations or free streaming services or the use of the tracks on other internet sites, television, mobile or any other media now known or invented in the future. You permit us to use, copy, edit, alter, store, re-format and sub-license the tracks uploaded by you (and any associated imagery) for such purposes.

You agree that we can publicise any track uploaded by you and any service or programme which may include it, and you allow us to use and reproduce your name and photograph and the track or a copy of the track (and any associated imagery) in any such publicity.

We would also like to assist you by providing the following services:

(a) We aim to generate revenue and further exposure for artists through the non-exclusive licensing of music uploaded to our Website for various uses. These may include, in particular but without limitation, use as background music as part of our Amazing Instore services or otherwise (for example, on-hold music) or for synchronisation (for example, through Cue Songs Limited) or micro-synchronisation. A percentage of any revenue generated from the non-exclusive licensing of a specific track will be paid to the owner of the copyright in such track. Should the box indicating you would like us to make use of your music for non-exclusive revenue generating purposes be checked on registration, you agree to the use of your music (and associated imagery) for such purposes.
(b) We can offer additional support to artists (which we refer to as our amazingartists services); for example, the listing of tracks for purchase and download through our amazingtunes.com service or through other download stores (such as iTunes, eMusic and Amazon), the production and offer for sale of merchandise and the arranging of gigs. Should the box indicating you are interested in hearing more about our amazingartists services be checked on registration, we will contact you to tell you more about these services.

Prohibited Material

You are prohibited from posting or transmitting to or from our Website any material:

(a) the posting or transmitting of which infringes the intellectual property rights of any third party (which includes, but is not limited to, material posted in contravention of the Music Uploads section above);

(b) that may be defamatory, threatening, indecent, obscene, offensive, pornographic, abusive or discriminatory or otherwise cause offence or annoyance to any third party;

(c) in breach of confidence or privacy;

(d) the posting or transmitting of which constitutes or encourages conduct that: would be considered a criminal offence; gives rise to civil liability; or is otherwise contrary to the law in the UK or any other country in the world; or

(e) that is technically harmful to our Website or other users (including, but not limited to, computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

Suspension/Termination of Account

You agree not to use our Website or any other services accessible through your user account with us for any unlawful purposes or in a way that is prohibited by these terms and conditions (including, in particular but without limitation, by posting material onto our website contrary to the provisions of the Prohibited Material section above).

We may immediately terminate your account and your ability to access our Website if you breach any such terms and conditions or if we believe that we or our other customers may incur liability from your actions.

We reserve the right to suspend or terminate your account if we suspect if we are notified of an allegation that the music you have posted on our Website infringes the copyright of any third party.

Limitation of Liability

Your attention is drawn specifically to this paragraph.

You acknowledge that, by posting any music to our Website, you are making such music available to all third parties who may access our Website and you agree that we cannot be liable for any loss or damage you suffer as a result of such third party access which is beyond our reasonable control.

Our Website or any part of it may not be compatible with your browser or computer configuration and we make no claim that it is. We make no claim that the services provided through our Website will be available at any particular time or that your access to our Website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide our Website or its services for any reason.

We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as we have been notified of any unauthorised or possible unauthorised use of your username and password or of a breach of security and had a reasonable opportunity to investigate and take appropriate action.

In any event, we shall not be liable to you in breach of contract, tort (including negligence) or otherwise for any of the following arising out of your use of our Website or the services on it or our failure to deliver services through our Website:

(a) any loss of revenue or profit, data loss, business interruption or depletion of goodwill; or

(b) any indirect, consequential, special or incidental loss, costs or expenses whatsoever. Our total liability for losses arising out of your use of our Website or the services on it or our failure to deliver services through our Website shall be limited to £500.

Nothing in these terms and conditions affects our liability for death or personal injury, for our fraud or for any other liability to the extent it may not be excluded or limited by law. If you are accessing our Website and services in the course of a business, all implied warranties and conditions are excluded to the maximum extent consistent with this. You agree that the exclusions and limitations of our liability included on this site are reasonable.

Your Liability to Us

In accessing our Website, you agree to indemnify us and to keep us indemnified from all or any liability or damages we incur in contract, tort or otherwise towards a third party as a result of your use of our Website or any of the services accessible through your user account.

In particular, but without limitation, where you have posted material onto our Website, you agree to indemnify us and keep us indemnified from any and all liability or damage we incur as a result of such material infringing the rights of a third party. This means that, if we are ordered to pay damages or we incur costs as a result of any claim by a third party that material posted by you infringes their rights, we can recover these damages and costs from you.

General

If any provision contained in these terms and conditions is determined to be invalid or unenforceable, the remainder of the terms and conditions shall not be affected.

Our Website is operated and controlled from the United Kingdom and these terms and conditions and your use of our Website are governed by and construed in accordance with the laws of England and Wales. Unless you are using our Website and services as a consumer, by agreeing to these terms and conditions, you consent to all disputes arising out of or relating to your use of our Website being decided only by the courts of England and Wales. If you are accessing our Website from another country it is your responsibility to ensure compliance with the laws that apply to that country.

You are not allowed to transfer your rights under these terms and conditions to any other person.

Our Customer Complaints Policy

We are committed to meeting the highest quality standards in the delivery of the service we provide to our customers. We aim to provide efficient and effective service and take any problems that do arise very seriously indeed. We aim to ensure that any complaints our customers may have are identified quickly and dealt with in accordance with our complaints handling procedure. A copy of our written complaints procedure will be provided to you upon request.

In the event that you have any cause for complaint with regard to any of our services, click here for details of who to contact.