Terms of Use

Terms Of Use

Relaxingrecords – Terms Of Use

Welcome to Relaxingrecords, a service provided by Relaxingrecords Limited (“Relaxingrecords”, “We”, “Our” or “Us”)

We offer an online video, sound recording, musical and literary work (“Content”) curation and sharing platform through Our website located at www.Relaxingrecords.com and mobile.Relaxingrecords.com and any other related domains, mobile and desktop applications (“Our Apps”) and Our related players, widgets, tools, applications, data, software and other services (collectively “Our Services”).

These Terms Of Use (together with any documents referred to in it) set out the terms on which You may make use of Our Services, whether as a guest or a registered user (use includes accessing, browsing, uploading or submitting Content to or registering to use Our Services).

Please read these Terms Of Use carefully before You start to use Our Services, as these will apply to Your use of them. We recommend that You print or download a copy of these Terms Of Use for future reference, especially if You upload or submit Content onto or using Our Services, Apps or Services, as these Terms Of Use also set out how we can use that Content.

By using Our Services, You confirm that You accept these Terms Of Use and that You agree to comply with them. If You do not agree to these Terms Of Use, You must not use Our Services.You must be at least 13 years of age to use Our Services, whether to view and share or to upload or submit Content and if under the age of 18, must have your parent or guardian’s permission to use Our Services. If you are a parent or guardian and you allow your child to use Our Services, you agree to these Terms of Use on their behalf.

Please note that we do not actively monitor Content hosted on Our Services and that even if you are old enough to use Our Services, some of that Content may not be appropriate for you to view and may contain nudity, profanity or subject matter intended for mature audiences.

Other Applicable Terms

These Terms Of Use refer to the following additional terms, which also apply to Your use of Our Services:

Our Privacy Policy http://Relaxingrecords.com/privacy.html which sets out the terms on which we process any personal data we collect from You, or that You provide to us. By using Services, You consent to such processing and You warrant that all data provided by You is accurate.

Our Cookie Policy http://Relaxingrecords.com/cookie.html, which sets out information about the cookies on Our Sites.

[Our Community Guidelines, http://Relaxingrecords.com/community.html ,which sets out the ways in which You may use Our Services to interact with other Users. When using Our site, You must comply with these Community Guidelines.]

Information About Us

www.Relaxingrecords.com and mobile.Relaxingrecords.com are sites operated by Relaxingrecords Limited (“We” or “Us”). We are registered in England and Wales under company number 6169067 and have Our registered office at TIE Founders’ Dock, HQ Building, 2 Atherton Street, Manchester, M3 3GS.

Changes to These Terms Of Use

We may revise or amend these Terms Of Use at any time by amending the Contents this page. Please check this page from time to time to take notice of any changes we may have made, as they are binding on You. You may not alter these Terms Of Use in any way.

Changes to Our Services

We may update, alter or otherwise change the Content, functionality or availability of Our Services in any way at any time in Our sole discretion. However, please note that any of the Content on Our Services may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that Our Services, or any Content on it, will be free from errors or omissions.

Accessing Our Services

Our Services are made available free of charge, regardless of whether You use them as a registered user or a guest. Access to Our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Services or their functions and features without notice to You. We will not be liable to You, whether You are a registered user or a Guest, if for any reason Our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for You to have access to Our Services.

You are also responsible for ensuring that all persons who access Our Services through Your internet connection are aware of these Terms Of Use and other applicable terms and conditions, and that they comply with them.

Your Account and Password

To fully use Our Services and to be able to upload or submit any Content onto Our Services, you must become a registered user by providing a username and password. We encourage you to use your real name as a Username, and you must not use someone else’s name in or as your username or select a name which violates any third party intellectual property right, is obscene, defamatory, constitutes a breach of privacy, a criminal offence or is otherwise, in our sole discretion objectionable or a breach of our Community Guidelines or these Terms Of Use generally.

You must treat this information as confidential and must not disclose it to any third party. We reserve the right to disable any username or password, whether chosen by You or allocated by us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms Of Use.If You know or suspect that anyone other than You knows Your username or password, You must promptly notify us at info@Relaxingrecords.com.

Your Licence to use Our Services

We grant you a limited, non-exclusive licence to access and use Our Services for your own purposes, and to view and share any Content hosted on Our Services. Your licence to use Our Services granted by these Terms Of Use are personal to You and may not be assigned, transferred or sub-licensed to anyone else.

We are the owner or the licensee of all intellectual property rights in Our Services and any Content hosted on them which is not or has not been uploaded or submitted by users. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of Our Services or any Content hosted on them for commercial purposes without obtaining a licence to do so from us or Our licensors. If You make use of Our Services or any Content hosted on them in any way which in Our opinion is in breach of these Terms Of Use, Your right to use Our Services or the Content hosted on them will cease immediately and You must delete any copies which You may have made.

Account Suspension & Deletion

You may delete Your account with Us to use Our Services at any time.

We may choose to suspend or delete accounts or block or remove any Content which You have uploaded or submitted to Our Services if

any Content which You have uploaded or submitted to Our Services is, in Our sole opinion, in breach of any of these Terms of Use, may expose Us to legal action or legal or criminal liability or penalty or may damage our reputation;

If We delete or suspend your account for any of these reasons, you may not register for another account to use Our Services and We may, in our sole discretion, block your e-mail address or social media profile and IP address to prevent any such further registration.

In the event of Our termination of Your account, any and all licenses granted by Us to You to Use Our Services or any Content hosted on them will immediately terminate and any Content which You may have uploaded or submitted or uploaded to Our Services may no longer be available.

No Reliance on Information

The Content on Our Services is provided for entertainment and promotional purposes only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on Our Services.

Although We make reasonable efforts to update the information on Our Services, We do not actively monitor any Content hosted on them and make no representations, warranties or guarantees, whether express or implied, that the Content on Our Services is accurate, complete or up-to-date.

Your Representations & Warranties

By using Our Services to upload or submit Content to be hosted on them, you represent and warrant that:

you have the full right and capacity to enter the contract to use Our Services as set out in these Terms Of Use;

all or any part of any Content which you upload or submit to or using Our Services is an original work which has been created solely by you or alternatively that you have obtained any and all necessary rights, licenses consents or permissions which you may need in order to use and to authorise Us to make use of such Content pursuant to these Terms Of Use including, without limitation, the right to copy, issue copies to the public, perform, show or play in public, communicate to the public, make an adaptation of or do any of the above in relation to an adaptation of such Content on, through or via Our Services or those of our affiliates;

any such Content and its presence on Our Services does not and will not infringe any rights of any third party including, without limitation, any intellectual property (including in respect of confidential information) or performers’ rights or any right of privacy;

you have obtained any and all necessary consents, permissions or releases to use and publish via Our Services (and those of our affiliates) the name, voice, performance or likeness of any person appearing in any such Content;

any such Content uploaded or submitted to Our Services and any comments relating thereto is not and will not in our sole discretion be unlawful, illegal, offensive, abusive, defamatory, constitute a breach of privacy or criminal offence or promote violence, terrorism or other illegal acts including the incitement of hatred or discrimination on the grounds of race, gender, religious or political belief or sexual orientation;

any such Content does not and will not create any liability on Our part or that of Our subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders

if you are a member of any organisation with rights to licence or collect income from the exploitation of the public performance rights then We may exploit the rights granted to Us under these Terms Of Use and authorise others to do the same without payment to any such rights organisation or third party

You will be liable to us and indemnify us for any breach of these warranties. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.

Limitation of Our Liability

Nothing in these Terms Of Use excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We do not guarantee or make any representation or warranty:

that Our Services, or any Content on them, will always be available or be uninterrupted;

concerning any Content hosted on Our Services,

concerning any third party use of Content uploaded or submitted to Our Services;

that any Content uploaded or submitted to Our Services will be made available on Our Services or hosted on Our Services;

that Our Services will meet the business or professional needs of any registered user or guest;

that We will continue to support any particular feature of Our Services

To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our Services or any Content on them, whether express or implied.

We will not be liable to You, for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, Our Services; or

availability, use of or reliance on any Content displayed or hosted on Our Services.

If You are a registered user, please note that in particular, We will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

Please note that We only provide Our Services for promotional, use. We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Services or to Your downloading of any Content on them, or on any website linked to it.

We assume no responsibility for the Content of websites linked to on Our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.

Uploading or Submitting Content to Our Services

Whenever You make use of a feature that allows You to upload or submit Content to Our Services or to make contact with other users of Our Services You must comply with the following Content guidelines:

You must not upload, or submit any Content to Our Services which, in Our sole opinion:

is unlawful, illegal or likely to give rise to a claim in the civil courts or constitute a criminal offence

infringes the rights of any third party including, without limitation, intellectual property rights;

is excessively violent, sexually explicit, obscene or pornographic;

is defamatory, maliciously false, promotes or incites hatred, discrimination or violence, constitutes the invasion of the privacy of any third party or depicts, encourages or incited the commission of a criminal offence;

or is a marketing message of any kind save as to accompany or be included in Content for promotional purposes only, and does not constitute an advertisement’.

You warrant that any Content which you upload or submit to Our Services complies with these standards, and You will be liable to us and indemnify us for any breach of that warranty. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.

Any Content which You upload or submit to Our Services will not be considered confidential or proprietary. You retain ownership of Your Content, but by using Our Services to upload or submit Content of any kind, you grant to us and our affiliates a limited, worldwide, non-exclusive and royalty-free licence to use, store, copy, modify, adapt, transmit, distribute, publicly perform and display (in all media or formats now known or hereafter created) that Content and make it available to third parties, to display your Content on third party websites and applications through a video embed or our API, to other users to play and embed your Content on third party websites for their own non-commercial purposes, and to Us to use your Content to promote Our Services and to modify your Content through the addition of Content promoting goods or services of any kind.

You also waive any moral rights or equivalent rights which may prevent Us or our affiliates from exploiting the rights granted above.

Your licences to Us, Our affiliates and other users of Our Services will continue unless and until You actively remove the relevant Content from Our Services. We are under no obligation to delete all Content which You may have uploaded or submitted to Our Services in the event that you delete Your account.

We also have the right to disclose Your identity to any third party who is claiming that any Content posted or uploaded or submitted by You to Our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by You or any other user of Our Services.

We have the right to remove any posting You make on Our Services if, in Our opinion, Your post does not comply with the Content standards set out in these Terms Of Use.

The views expressed by other users on Our Services do not represent Our views or values.

Viruses

We do not guarantee that Our Services will be secure or free from bugs or viruses.

You are responsible for configuring Your information technology, computer programmes and platform in order to access Our Services. You should use Your own virus protection software.

You must not misuse Our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Services, the server on which Our Services are stored or any server, computer or database connected to Our Services. You must not attack Our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Services will cease immediately.

Linking to Our Services

You may link to Our homepage, provided that You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

You must not establish a link to Our Services in any website that is not owned by You.

We reserve the right to withdraw linking permission without notice.

The website in which You are linking must comply in all respects with the Content standards set out in these Terms Of Use, and specifically its guidelines on Content.

Intellectual Property Infringements

We respect the intellectual property rights of others. If you believe that your intellectual property rights have been infringed In any way by Our Services or any Content hosted on them, please contact us at: relaxingrecords@gmail.com

Third Party Links and Resources on Our Services

Where Our Services contain links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the Contents of those sites or resources.

Other Important Terms

Headings used in these Terms Of Use are for convenience only and shall not be used to construe them.

By using Our Services, You agree and consent to receive all communications including notices, agreements, disclosures, or other information from Us electronically. We may provide all such communications by email to any details which You provide when first registering to use Our Service or by posting them on Our Services. For support-related or legal enquiries, you may contact us at the following address: info@Relaxingrecords.com

We may transfer our rights and obligations under Our contract with You relating to Your use of Our Services to another organisation, but this will not affect Your rights or our obligations under these Terms Of Use.

You may only transfer Your rights or Your obligations under these Terms Of Use to another person if We agree in writing.

Your contract to use Our Services is between You and us. No other person shall have any rights to enforce any of its terms as set out in these Terms Of Use, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the paragraphs of these Terms Of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If We fail to insist that You perform any of Your obligations under these Terms Of Use, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

Please note that these Terms Of Use are governed by English law. This means that Your contract with Us for the use of Our Services and any dispute or claim arising out of or in connection with them will be governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. You acknowledge that, in the event of a breach of this Agreement by Us or any third party, the damage or harm, if any, caused to You will not entitle You to seek injunctive or other equitable relief against Us, including with respect to any Content which You may upload or submit to Our Service, and your only remedy shall be for monetary damages, subject to the limitations of liability set out in these Terms Of Use Of Use.

Use of Relaxingrecords Players and WidgetOur Services includes access to customisable players (“Players”), and an embeddable version of the Relaxingrecords player (“Widget”) for incorporation into other websites or social media profiles to enable users to share their Content, and enable other users of Our Services to share that Content.

You may not, without Our prior written consent, use the Players or Widget in a manner which aggregates Content from Our Services into a separate destination that replicates (either wholly or partially) Our Services, or comprises a service through which Content available through Our Services forms part.

You may not, without Our prior written consent or that of the owner of the relevant Content, use the Players or Widget to embed Content into any website or other destination specifically dedicated to a particular artist Content or a particular genre. You may not use the Players or Widget in any way that suggests that We , any of our users or any third party endorses or supports such a website or service, or your use of the Players or Widget. We reserve the right to discontinue your use of the Players and the Widget at any time and for any reason in its Our sole discretion.