Terms of Use and Download Agreement

(1)      Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.   If you disagree with these terms of use or any part of these terms of use, you must not use our website.

(2)      Licence to use website

Unless otherwise stated, we or our licensors or contributors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a)      republish material from this website (including republication on another website);

(b)      sell, rent or sub-license material from the website;

(c)      show any material from the website in public;

(d)      reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)      edit or otherwise modify any material on the website; or

(f)      redistribute material from this website (except for content specifically and expressly made available for redistribution such as a newsletter).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(3)      Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(4)      Licence to use downloads

Subject to your compliance with the terms of the download agreement, we grant to you a worldwide non-exclusive non-transferable licence to make any Permitted Use of any Track; providing that you must not in any circumstances make any Prohibited Use of any Track.

The “Permitted Uses” are the following uses insofar as done for personal and non-commercial purposes:

(a)      downloading a copy of each Track;

(b)      copying, storing and listening to an unlimited number of copies of each Track on an unlimited number of desktop or notebook computer[s];

(c)      copying, storing and listening to an unlimited number of copies of each Track on an unlimited number of portable electronic music player[s], PDA[s], mobile phone[s] or similar portable device[s]; and

(d)      copying, storing and listening to unlimited number of copies of each Track on an unlimited number of CD-R[s], CD-RW[s], DVD-R[s], DVD-RW[s], DVD+R[s], DVD+RW[s] or similar storage media.

The “Prohibited Uses” are:

(a)      the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution, redistribution or playing in public of any Track or any part of any Track in any format;

(b)      the editing, modification, adaptation or alteration of any Track or any part of any Track;

(c)      the use of any Track or any part of any Track in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d)      the use of any Track or any part of any Track to compete with us, whether directly or indirectly;

(e)      any commercial use of any Track or any part of any Track.

All rights in the downloads not expressly granted in the download agreement are hereby reserved.

You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices associated with any Track.

The rights granted to you in the download agreement are personal to you, and you must not permit any third party to exercise these rights.

If you breach any of the terms of the download agreement, then the licence set out in this Section [4] will be automatically terminated upon such breach (whether or not we notify you of termination).

You may terminate the licence set out in this Section [4] by deleting all copies of the  Track(s) in your possession or control.

Upon the termination of the licence set out in this Section [4], you will promptly and irrevocably delete from your computer systems and other electronic devices and storage media all copies of the Track(s) in your possession or control.

(5)     Limited warranties

You acknowledge that some of the information published on this website is submitted by users or contributors, and that we do not usually review, approve or edit such information.  We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

(6)      Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

The limitations and exclusions of liability in this paragraph will apply whether or not the liability in question arises out of any reckless, deliberate, personal and/or repudiatory conduct or breach of contract”.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(7)      Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

(8)      Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to the website;

(c)        permanently prohibit you from accessing the website;

(d)        block computers using your IP address from accessing the website;

(e)        contact your internet services provider and request that they block your access to the website;

(f)        bring court proceedings against you for breach of contract or otherwise;

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

(9)      Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties.  These links are not recommendations.  We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

(10)    Trade marks

The name listenupnoth.com and any associated logos and trade marks belong to us.  We give no permission for the use of these, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

(11)    Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

 

(12)    Advertising

We may provide advertising via web-pages, sound, vision, online and downloads.

 

(13)   Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(14)    Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(15)    Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16)    Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(17)    Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(18)    Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(18)   Contact details

You can contact us by email at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

You can contact us at our address:

listenupnorth.com
Creativitiworks
Small Business Enterprise
University of Sunderland
Faculty of Arts, Design & Media
Media Centre
St Peter's Campus
St Peter's way
Sunderland
SR6 0DD