POSTEVERYTHING TERMS & CONDITIONS
USE OF AND COPYRIGHT IN THIS WEBSITE
By using the PostEverything.com web site, a service of PostEverything Ltd. ("PostEverything"), you are agreeing to be bound by the following terms and conditions (“Terms of Use”).
Basic Terms. All rights including copyright in the content of these web pages ("the Website") are owned and controlled by PostEverything Limited ("PostEverything").
1. USE OF THIS WEBSITE
(a) You must be 13 years and older to use this site. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand them.
(b) You are responsible for any activity that occurs under your screen name.
(c) You are responsible for keeping your password secure.
(d) You must not abuse, harass, threaten, impersonate or intimidate other PostEverything users.
(e) You may not use the PostEverything.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
(f) You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the PostEverything.com service and you agree that PostEverything may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service subject always to applicable legal restrictions.
(g) PostEverything is intended for personal use and is not a generic media hosting service or a platform for any political campaigning or commercial solicitation. Professional or corporate uses of PostEverything are prohibited.
(h) You must not modify, adapt or hack PostEverything.com or modify another website so as to falsely imply that it is associated with PostEverything.com.
(i) You may not use a false email address or otherwise mislead PostEverything or other members as to your identity or to the origin of a message or content.
(j) You must not create or submit unwanted email to any PostEverything members (“Spam”).
(k) You must not transmit any worms or viruses or any code of a destructive nature.
(l) You must not, in the use of PostEverything, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your PostEverything.com account. While PostEverything.com prohibits such conduct and content on its site, you understand and agree that PostEverything cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PostEverything.com service at your own risk.
(m) Neither the Website nor any portion thereof may be reproduced, duplicated, copied, sold, transmitted, adapted or otherwise exploited for any commercial purpose without the express prior written consent of PostEverything. All trade marks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with Website are the property of PostEverything and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
(n) Copyright exists in all recordings, whether physical or non-physical, available to purchase or stream from PostEverything. These recordings may not be reproduced, duplicated, copied, sold, broadcast, downloaded, transmitted, adapted or otherwise exploited for any commercial purpose without the express prior written consent of PostEverything and or the copyright holder(s). You can find out more about your rights in respect of the copyright contained within recordings you have purchased (in physical or non-physical formats) and the sound recordings you are able to hear through PostEverythng's radio ("streaming audio") by visiting www.mcps-prs-alliance.co.uk or http://www.mcps-prs-alliance.co.uk/about_us/aboutcopyright/Pages/aboutmusiccopyright.aspx.
2. ACCEPTANCE OF TERMS AND CONDITIONS
When you place an order on the Website you are accepting these terms and conditions ("the Conditions"). PostEverything reserve the right to make changes to the Conditions relevant to them at any time and thus you will be subject to the relevant Conditions as published on the Website at the time you place your order.
For the avoidance of doubt in respect of PostEverything the Conditions applicable below constitute a legal contract between you and PostEverything governing your use of PostEverything's online music Mail Order & download sales service ("the Digital Service").
PROVISIONS APPLICABLE TO SALES OF PHYSICAL PRODUCTS BY POSTEVERYTHING
3. ORDERS & PRICING
It is PostEverything's aim to ensure that pricing of products on the Website is accurate at all times. However, prices are subject to change and the Website may not always reflect the correct price at the moment you place your order. The price you will be charged for goods ordered will be that detailed in the email sent to you by PostEverything confirming that your order has been received. If PostEverything discovers an error in the price of any goods or services you have ordered it will give you the option of reconfirming your order at the correct price or cancelling it.
4. AVAILABILITY
All orders are subject to product availability. It is PostEverything's policy not to charge customers' credit & debit cards until the date of despatch of goods ordered. In the event that an item ordered by you is not available you will not be charged in respect of that item until it becomes available for dispatch. However due to the nature of PayPal it is possible that your PayPal account will be charged for an item which has become out of stock. In which case you will be informed of the situation by e.mail and given the option to cancel or await stock. While PostEverything will make every attempt to make sure that availabilities shown on the site are up to date we cannot guarantee that this information is 100% accurate.
5. CONTRACT
Placing an order on the Website informs PostEverything you intend to purchase an item. A legally binding contract between you and PostEverything will be formed when your order has been despatched to you and you are notified by e.mail.
6. SHIPPING
All goods ordered will be subject to PostEverything's standard shipping charges as detailed at http://www.posteverything.com/help/1430
7. RETURNS
You may cancel your order within seven (7) working days of receipt of the item from PostEverything provided that you have not broken the seal on the packaging of the item. However PostEverything cannot accept returned goods that are returned in a condition different from that in which they were despatched to you. On receipt of returned goods PostEverything will refund to your credit card or PayPal account the amount charged (excluding shipping fees) within thirty (30) days. Posteverything recommends that you return any items via recorded delivery as refunds cannot be given for goods not received.
8. FAULTY GOODS
If any item of physical product included with your order is faulty PostEverything will replace it or, if the item is no longer available, refund the purchase price provided you notify PostEverything in writing of the nature of the fault and you return the item concerned to PostEverything in suitable packaging enclosing details of your name and order number.
9. DUTIES AND TAXES
If you order from the Website goods for delivery overseas you will be responsible for any import duties and taxes.
10. CHARGES / BILLING
(a) Agreement to Pay. You agree to pay for all orders you make through PostEverything and that PostEverything may charge your credit card or PayPal account for any such payment(s). PostEverything may, at its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make, including both physical & non-physical purchases, on the website . Your credit card will only be charged after we have verified your card details, received credit authorisation and confirmed product availability. PostEverything cannot dispatch goods paid for by cheque until the cheque has cleared its bank. All prices include VAT (where applicable) at the current rates.
(b) Right to Change Prices. All prices for products on the Website may be subject to change by PostEverything at any time. While PostEverything tries to ensure that all prices on the Website are accurate, errors may occur. If PostEverything discovers an error in the price of any goods or services you have ordered it will give you the option of reconfirming your order at the correct price or cancelling it.
PROVISIONS APPLICABLE TO THE DIGITAL SERVICES AS OPERATED BY POSTYEVERYTHING
11. THE DIGITAL SERVICE
The Digital Service allows you to listen to Clips (as defined below) and buy non-physical digital sound recordings ("Tracks") for permanent ownership (including CD burning and transfer to portable devices) and related PostEverything content. Please note that the Digital Service and the Tracks are solely for personal & non-commercial use.
12. USE OF THE DIGITAL SERVICE
(a) SOFTWARE: All software made available by PostEverything on or through the Digital Service is protected by intellectual property laws and your use of it is governed by these laws as well as any applicable end-user licence agreements.
(b) TRACKS: The Tracks are owned by PostEverything , its business partners, affiliates and/or licensors, as applicable, and the musical content within them is protected by intellectual property laws (see also 1 (n)). By using the Digital Service you agree that the content rights holders that license their musical or other content to PostEverything for use in the Digital Service are intended third-party beneficiaries under these Conditions with the right to enforce the provisions that directly concern their content. You also understand that your use of the Tracks is subject to the Usage Rules outlined below. You may not authorise, encourage or allow any Tracks used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, communicated to any other person or otherwise used by anyone else. You also agree to advise PostEverything promptly of any such unauthorised use(s).
(c) USAGE RULES: Your access to and/or use of any Track(s) will be limited by the rules assigned to the Track(s) by PostEverything ("Usage Rules") and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Tracks. PostEverything reserves the right to modify the Usage Rules at any time and your continued use of the Digital Service after each such modification shall be deemed acceptance of any such modification.
You may burn each Purchased Track to a CD as part of any particular playlist of songs, to the extent permitted by law. A "playlist" is a discrete group of Purchased Tracks that are arranged together in a particular order.
You may transfer a Purchased Track to any portable devices that are compatible with the Digital Service's Usage Rules and security requirements, to the extent permitted by law.The burning or transfer permissions provided for herein shall not operate to waive or limit any rights of the copyright owners in Tracks or any works embodied in them.
A "Clip" is a portion of a Track or promotional music video that you can play (and, if applicable, view) directly from and while you are logged on to the Website on a promotional basis at no cost to you. You may play as many Clips as you like. You may not attempt (or support others' attempts) to capture, copy, or download a Clip.
A "Purchased Track" is a Track that you can keep permanently and may (1) save to the hard drives of your personal computers and play back at any time, (2) burn to a CD and/or (3) transfer to a compatible portable device.
(d) PRODUCT AVAILABILITY: Technical problems or expiry of PostEverything's right to make certain Tracks available may at times delay or prevent delivery of Purchased Tracks to you. Receipt of your order or request does not guarantee that PostEverything can supply the selected products to you. All of the Tracks featured as part of the Digital Service are subject to availability. Your sole remedy with respect to content or Purchased Tracks not delivered will be a refund of the price paid for such content or Purchased Tracks.
(e) All rights not expressly granted are reserved to PostEverything and/or its licensors.
13. CHARGES / BILLING
(a) Agreement to Pay. You agree to pay for all Tracks that you purchase through the Digital Service and PostEverything may charge your credit card or PayPal account for any such payment(s). PostEverything may, at its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make, including both physical & non-physical purchases, on the website . Your credit card will only be charged after we have verified your card details, received credit authorisation and confirmed product availability. All prices include VAT (where applicable) at the current rates.
(b) Right to Change Prices. All prices for products within the Digital Service may be subject to change by PostEverything at any time. While PostEverything tries to ensure that all prices on the Website are accurate, errors may occur. If PostEverything discovers an error in the price of any goods or services you have ordered it will give you the option of reconfirming your order at the correct price or cancelling it.
(c) Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that PostEverything shall not be responsible or liable to you for the products or services purchased.
(d) Cancellation. Any non-physical products purchased from the Website or any items purchased within the Digital Service are not cancellable or refundable once delivered.
14. OBJECTIONABLE MATERIAL
You understand that by using the Digital Service, it is possible you may encounter content that may be deemed to be offensive, indecent, or objectionable, this may or may not include identified content deemed as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that PostEverything shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
14. REMEDIES
As any unauthorised use of the Digital Service, the Tracks or any related software or materials may result in irreparable injury to PostEverything and/or its affiliates or licensors for which money damages would be inadequate, you agree that in such event PostEverything, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief against you. Nothing contained in these Conditions shall be construed to limit the remedies available pursuant to statutory or other legal authority that PostEverything, its affiliates and/or licensors may have.
15. DISCLAIMERS
PostEverything, its business partners, affiliates and/or licensors provide the Digital service & tracks "as is" and without warranty to the maximum extent allowed by applicable law. You will not hold any PostEverything its business partners, affiliates and/or licensors responsible for any damages that result from you accessing the Service or using the Products including, but not limited to, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to PostEverything or any of its business partners, affiliates and/or licensors. Specifically, PostEverything makes no warranty that any particular CD burner or portable device will be compatible with the software used to download Purchased Tracks or other material or that any CD burned using the software to download the Purchased Tracks or other material will function in all CD players. It is your sole responsibility to ensure that your system(s) will function correctly.
ss the same. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to PostEverything or any of its business partners, affiliates and/or licensors.
Under no circumstances shall PostEverything, its business partners, affiliates and/or licensors be liable for any unauthorised use of the Service, Tracks or any other materials.
Under no circumstances shall PostEverything, its business partners, affiliates and/or licensors be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the Products, even if PostEverything, or its business partners, affiliates and/or licensors have been advised of the possibility of such damages.
16. LIMITATION OF LIABILITY
In the event that PostEverything is held to be in breach of the Conditions the extent of any such liability shall be limited to loss that would have been reasonably foreseeable by you and PostEverything at the time the contract between you and PostEverything was formed (as determined in accordance with the foregoing provisions) and in any event any liability of PostEverything shall be limited to the value of the goods ordered by you in the relevant transaction. Nothing contained in the Conditions shall be deemed however to limit PostEverything's liability for death or personal injury arising as a result of negligence on the part of PostEverything. To the extent that any disclaimer or limitation on damages or liability in these Conditions is prohibited or limited by applicable law, then PostEverything, its business partners, affiliates and/or licensors shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity and in no event shall such damages or liability exceed £100.00.
17. LAW AND LEGAL NOTICES
These Conditions and any other terms or documents referred to herein represent your entire agreement with PostEverything with respect to your use of the services offered. If any part of the Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of England and Wales govern the Conditions and your use of the Digital Service and the Tracks. You agree that the English Courts have jurisdiction over any claim or dispute with PostEverything or relating in any way to your account or your use of the Digital Service or the Tracks.
GENERAL CONDITIONS
(a) PostEverything reserves the right to modify or terminate the PostEverything.com service for any reason, without notice at any time.
(b) PostEverything reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via PostEverything's internal messaging service ('PostEverything Mail') or via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
(c) PostEverything reserves the right to refuse service to anyone for any reason at any time.
(d) PostEverything may, but have no obligation to, remove Content and accounts containing Content that PostEverything determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
(e) Your account will also be terminated if it is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites. Your account will also be terminated if PostEverything receives notice alleging that you have engaged in behaviour that infringes PostEverything's or any other party's intellectual property rights or reasonably suspects the same, PostEverything may suspend or terminate your account without notice to you. If PostEverything suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
(f) PostEverything places great importance on keeping secure the credit card details you provide and to that end PostEverything and PostEverything use security systems which comply with the Payment Card Industry Data Security Standard, a worldwide standard for data protection across the payment industry.
(g) Posteverything is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any site linked from the pages of the posteverything website or goods or services available through any such site
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PostEverything respects the intellectual property of others, and we ask our users to do the same. PostEverything may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PostEverything's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property that you claim has been infringed
a description of where the material that you claim is infringing is located on the site
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PostEverything's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at the address below.
By mail:
PostEverything Ltd.
Suite 313
Bon Marché Building
241 Ferndale Road
London
SW7 8BJ
UNITED KINGDOM
By email: click here