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Terms & Conditions

Welcome to Prolific Music (the “Site”). The Site is both owned and operated by Prolific Music Entertainment Ltd, collectively referred to herein as “we,” “us,” or “our”. Please read these terms and conditions carefully before using this site. If you do not agree to these Terms of Use, you may not use the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labelled “Amendment”.

1. Restrictions On Use Of Materials

All materials contained in the Site are the copyrighted property Prolific Music Entertainment Ltd or its subsidiaries, associates or affiliated companies and/or third-party licensors. All trade marks, service marks, trade names, and trade dress, logos, word marks, slogans and/or any other likeness, including but no limited to the name ‘Prolific Music’ in a red type face and a script capital P letter in a red coloured circle, commonly referred to as the “red ‘P’ ball” are proprietary to Prolific Music Entertainment Ltd or its affiliates or licensees. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you make no modifications to the materials; (c) you do not use the materials in a manner that suggests an association with any of our products, services, or brands; and (d) you do not download quantities of materials to a database that can be used to avoid future downloads from the Site. The use of any Site material on any other Web site or computer environment is prohibited. No licence, expressed, implied or otherwise is granted to use any intellectual property or other right in or to the Site in any manner whatsoever.

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

You may not use our website for any unlawful or immoral purpose.

2. Submissions

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as demonstration music, stories or ideas, screenplays, or original artwork. You are only permitted to submit such material at the invitation of an official representative of Prolific Music Entertainment Ltd. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, through participation in certain activities, you send any material (e.g. postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

3. Forums And/Or Public Communication

“Forum” means a chat area, message board, instant messaging, mobile messaging or e-mail function (including, but not limited to, electronic greeting cards) which may from time to time be offered as part of the Site. If you participate in any Forum within the Site, you agree to follow our terms set forth below. Without prejudice to our obligations under data protection law and in particular without regard to your registration information in accordance with our Privacy Policy, we must make clear that anything you submit to the Site by way of any Forum is routed through Prolific’s servers and the public Internet and that, therefore, it is not technically possible to safeguard privacy with regard to any such submission. You acknowledge that the Forums and features on Prolific sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. Given the above, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. If you use any Forum’s on or provided by or for the Site, your contribution(s) must not be vulgar, abusive, offensive, defamatory, objectionable or otherwise unlawful. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

4. Privacy

We collect information through technology to make our websites more interesting and useful to you. For instance, when you come to one of our websites, we collect your IP address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university. Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses to collect information regarding the frequency with which our guests visit various parts of our websites. We may combine this information with personally identifiable information.

Our websites also use cookies. Cookies are pieces of information that a website sends to your computer while you are viewing the website. We and other companies use cookies for a variety of purposes. For instance, when you return to one of our websites after logging in, cookies provide information to the website so that the website will remember who you are. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your Web experience smoother, like the features mentioned above, and some of our services will not function properly.

Our websites use a variety of technical methods for tracking purposes, including Web beacons. Web beacons are small pieces of data that are embedded in images on the pages of websites. We also use these technical methods to analyse the traffic patterns on our websites, such as the frequency with which our users visit various parts of our websites. These technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf. We also use these technical methods in HTML e-mails that we send our guests to determine whether our guests have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.

You may get cookies from our advertisers. We do not control these cookies, and once you have clicked on the advertisement and left our websites our Privacy Policy no longer applies. We may change this policy and our terms and conditions from time to time and will post the latest version of the privacy policy on this website. If we ever wish to use your personal information in a way which is incompatible with the information in this Privacy Policy, we will only do so with your consent.

5. Content Linked To The Site

You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There are links to other sites from Site pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves the Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. You acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to the Site, although we are under no obligation to do so.

6. Limitations of Liability

6.1 The content of this Site is provided without any representations or warranties of any kind (whether express or implied by law), and all such representations and warranties are (to the fullest extent permitted by Law) hereby excluded.

6.2 Neither Prolific Music Entertainment Ltd, its subsidiaries or associated companies shall be liable for any direct or consequential loss or damage (whether arising from any use or loss of data, loss of profits, loss of business or otherwise) arising in connection with the use of our website.

6.3 We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We cannot control the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

7. Responsibility

You are responsible for all liabilities and costs incurred in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account except where this would be unreasonable. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter.

8. Amendment

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time on both a temporary and permanent basis. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Site. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of such notice on the Web sites covered by these terms of use.

Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

9. Termination

These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to the Site) if you are in breach of them. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms of use or otherwise.

10. General Provisions

These terms and conditions shall be governed by and construed in accordance with English Law and the English courts shall have exclusive jurisdiction in respect of any dispute or matter arising out of or connected with these terms and conditions.

11. Queries

If you have any comments, questions, suggestions or complaints about any aspect of this website, you are invited to contact the Website Administrator via the dedicated contact page on this site or by e-mailing us directly at music.matters@prolificmusic.co.uk.