The following terms and conditions, govern the website, the daily newsletter and weekly magazine as set out below, and also the Privacy Policy of Record of the Day.
"The website" refers to the domain and contents of www.recordoftheday.com. "The daily newsletter" refers to the weekday newsletter whether it is emailed or on the website. The "weekly magazine" refers to the PDF file sent to subscribers each week. 'The Service' refers to all products, including soundclips.
The terms and conditions were last updated on 20 June 2013.
References in these terms and conditions to "Record of the Day" or "the Site" or "the newsletter" or "the magazine" (or "we", "us" or "our") refers to the limited company Music Today t/as Record of the Day, registered in England and Wales, at 4 Green Lanes, London N16 9NB. Reg no 4546152. VAT Number 800 5889 31.
Having read these terms and conditions, should you have any further queries, please contact us at: info@recordoftheday.com, phone +44 (0)20 8520 6646 or at PO Box 49554, London E17 9WB
From time to time Record of the Day may run competitions, promotions and surveys. These are subject to additional terms and conditions that will be made available at the time they are run.
Copyright Statement
Unless indicated otherwise, the contents of this service are the exclusive copyright of Music Today Ltd. All rights reserved. Reproduction in whole or in part in any form or medium without written permission is prohibited except as set out in t&c other than in accordance. For permission to reproduce any aspect of the content please email Record of the Day at info@recordoftheday.com, phone +44 (0)20 8520 6646 or at the above address
Access and Use
The Record of the Day service is intended primarily as a business to business service.
Access to the Service, other than the general access pages, are restricted to subscribers only. Non-subscribers may browse the free access pages only. Please note that the free access pages are also governed by these Terms and Conditions.
You may retrieve and display content on a computer screen or PDA; print individual pages on paper, or on a medium for personal, private use only and store such pages in electronic form on disk (Not on any public server, shared folder or storage device connected to a public network) for your own personal, non-commercial use. You may browse the content using any compatible web browser, which may make transient cached copies to facilitate subsequent access. You may also store pages in an electronic form on disk for your own personal use only.
Users acknowledge that they may not re-distribute or make available for copying the Record of the Day Service without permission except as defined above. They must not adapt or amend either the content or the documents or files in which the content is delivered.
You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content without prior permission from Record of the Day, except as defined above.
Re-distribution of our products may result in the subscription being withdrawn without refund.
Where usage terms are subject to a separate contract, the terms of that contract shall take precedence.
You may not remove the copyright and/or trade mark notice(s) where applicable from any copies of content made in accordance with these Terms and Conditions
Subscription
The Record of the Day Service is accessible only to paying subscribers. All credit or debit card transactions are made through our transaction partner Worldpay. Record of the Day does not take or store credit card details. In case of doubt or dispute Record of the Day will take responsibility for the refund of money subject to the conditions below.
You agree to pay any subscription fees at the rates from time to time applicable. Record of the Day will notify you in advance of any price increases, and will offer the chance to cancel your renewal at a reasonable time before the price increase might take effect. If you are authorised to use the Record of the Day subscription service through any corporate arrangement made with us, any payment terms below will not apply to you but will be subject to a separate contract.
Where subscription terms are subject to a separate contract, the terms of that contract shall take precedence. Pricing: The subscription price is set out on the pages which contain our subscription process. You can take out an annual subscription which will automatically renew. Record of the Day will notify you in advance of any price increases. If we give you a free trial, you will only be charged for your Record of the Day subscription with effect from the expiry of that free trial period.
Cancelling or changing your Record of the Day subscription: We will offer a full refund within the first fourteen days of signing up to the service if you are dissatisfied for any reason whatsoever. Where subscription terms are subject to a separate contract, the terms of that contract shall take precedence. In the case that you are not satisfied with the service, please mail us as soon as possible and we will endeavour to put right your concerns.
Refunds on cancelled subscriptions will only be provided at the Publisher's discretion, and will be subject to an administration fee.
Liabilities
Record of the Day will make its best endeavours to check the reliability of all information printed within the site but cannot take liability for any action undertaken on behalf of the information supplied herein or for any opinion expressed. We make absolutely no claim to the reliability or truth of any story we link to. In addition the content does not constitute any form of advice, recommendation or arrangement by Record of the Day and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent research and advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this site are at your sole risk and responsibility.
Record of the Day reserves the right to take technological steps to prevent or discourage piracy, including but not limited to watermarking, personalising and digital rights management. In the case of having distributed or copied Record of the Day without permission, users agree to suspend all rights to make claims against Record of the Day for any liability or damage that might arise.
While we undertake best endeavours to maintain our site to the highest standards of security, we do not accept liability for any virus introduced by any aspect of our service and you are advised to use up-to-date virus checking software.
We are not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.
By supplying your email address to the site you are warranting that you are allowed to receive emails at that email address. You agree that Record of the Day has permission to stop sending you emails to that address without notifying you, if we receive a request from your employer or college, or other person or organisation who has a legitimate right to make such a request. In such an event we will seek to make alternative arrangements but will not be liable for refund.
Our liability is limited to the amount paid for subscription subject to the above Record of the Day liability to you whether in contract, tort or otherwise is limited to the amount paid by you in respect of your registration, or period of subscription.
You agree that we have no control over third party content and information which can be accessed using the Service and that we do not examine or edit the use to which you or others put the Service or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. Similarly you agree that we are not responsible for third party sites which may link to Record of the Day. You agree that except for death or personal injury arising through our negligence, or fraud or any other liability which may not by applicable law be excluded or limited, we exclude any liability whatsoever for any loss or damage arising from use of the Service.
We reserve the right to remove any information/material we deem to be in breach of any of these Terms and Conditions without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude any liability for the security of the Service or for any disruption of the Service however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems loss of profits, software, data, staff time or indirect or consequential loss.
Your Content
By posting to the messageboard you agree to our usual messageboard terms.
Messageboard advertisers agree to our board advertising rules.
You agree that you will not use the Site for the posting, uploading, emailing or other transmission of any material which infringes the rights of any person or which is unlawful in any other respect; in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Secure Pages by any person; for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation; for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; to create a database (electronic or otherwise) that includes material downloaded from the Site; to transmit or re-circulate any material obtained from the Site to any third party; or in any way that might bring Music Today into disrepute.
Music Today may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
You hereby grant Music Today a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format.
You hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Music Today or to the Site.
Indemnity You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or incurred or suffered (including reasonable legal costs) as a direct or indirect result of your breach of these Terms and Conditions, or any unlawful use involved in the Service or reports.
Changes to these Terms and Conditions
We reserve the right to make changes to any part of the Service. Due to our policy of updating and improving the Service, it may therefore be necessary to change these Terms and Conditions. We indicate at the beginning of these Terms and Conditions the date on which they were last updated.
Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions or your use of the Service.
We shall retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.
Having read these terms and conditions, should you have any further queries, please contact us at:
info@recordoftheday.com, phone +44 (0)20 8520 6646
