Song Tank - Terms & Conditions

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SONG-TANK.COM WEBSITE TERMS AND CONDITIONS

Welcome to www.song-tank.com, owned and operated by Song Tank Limited whose address is Room 303, 93-99 Upper Richmond Road, London SW15 2TG.

www.song-tank.com (the "Site") is a music oriented web 2.0 community website that provides services ("Song Tank Services") to copyright owners ("Members") to post information regarding themselves as well as musical content owned and/or created by them and allows other Members and/or other users to search and browse the Site, listen to or view or download such content and to contact Members. Unless explicitly stated otherwise, any current, updated and new products and services, including the addition of new properties shall be subject to these terms and conditions ("the Terms").

The Terms govern your use of the Site (whether as a browser or registrant) and your uploading of, and use of, Content (as defined in Clause 1.2 of these Terms) to the Site. You are only authorised to use the Site and Song Tank Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms. You should read these Terms carefully. If you do not agree with them, you should leave the Site and discontinue use of the Song Tank Services immediately. If you wish to become a Member, communicate with other Members and make use of the Song Tank Services, you must read these Terms and indicate your acceptance of them during the Registration process.

GENERAL USE OF THE SITE
1. You may browse the Site without registering but in doing so you accept and agree that certain areas of the Site (for example, if you wish to upload Content to the Site) will not be available to you unless you register with the Site. You will be asked if you wish to register each time you try to access any part of the Site that requires registration. To register to the Site you will be asked to provide certain information about yourself; this is more particularly set out below.
2. You may post or upload your text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that relate solely to you (whether as a solo artistic performer or member of a performing group) to the Site ("Content"). Your posting, and our permitted use, of such Content will be governed by these Terms (and in particular the provisions of Clause 4 below).
3. We, in our sole discretion, will have the right to refuse to allow you to register to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration of the Site.
4. When you register with the Site you will create an account ("My Account"). This account is unique to you. The "My Account" section of the Site is where you can update, correct or delete your personal information as appropriate. Should you wish us to cease marketing to you, you should also go to "My Account" or contact support@song-tank.com.
5. Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy and you accept our Privacy Policy which is available for viewing here [insert link to Privacy Policy].
6. You hereby represent and warrant:
  - you have the full power and authority to enter into and perform under these Terms;
  - your use of the Site (including but not limited to your uploading of Content) will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; and
  - you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.
7. In order for you to browse and/or use the Site your computer must comply with the minimum technical specifications set out within the Site's Advice and Support Page, or the Help and Advice page of the Forum section of the Site, as they may be amended from time to time (and if so we will notify you of any such changes by posting a notice on the home page). We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access, play or otherwise use the Site or any content contained on the Site or available through the Site, or for any damage caused to your computer and/or associated systems, that results from the incompatibility of your computer and/or its associated systems with the technical specifications posted on the Site.
8. The Site is subject to constant change. Except as specifically set out in these Terms, you will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.
9. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your computer or internet access account.
10. We have the right, but not the obligation, to monitor any activity associated with the Site and/or any Content posted on to the Site. We may investigate any reported violation of these Terms or complaints and take any action that we in our discretion deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing Content from the Site).
11. Age restriction: if you are a Minor you must not use the Site or make use of the Song Tank Services without the consent and supervision of a parent or legal guardian, unless permitted by applicable law. The age of Minors is determined by local law where you reside, and for residents of the United Kingdom this means anyone under the age of 18 years. By registering for the Song Tank Services, you represent and warrant that you are not a "Minor" acting without the consent and supervision of a parent or legal guardian.
12. Term and termination: At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account click here [insert link to appropriate page of My Account section]. We may terminate your Member status immediately at any time, for any reason. Once your Member status terminates, you will have no right to use the Song Tank Services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your Member status.
13. We may also, in our sole discretion and at any time, discontinue temporarily or permanently providing the Song Tank Services, or any part thereof, with or without notice. You agree that any termination of access to the Song Tank Services under any provision of these Terms may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Song Tank Services. Where possible, we will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Song Tank Services. Further you agree that we shall not be liable to you or any third party for any termination or suspension of access to the Song Tank Services or modification of the Song Tank Services.
REGISTRATION
1. In order to use the Site and post, upload, view and/or access Content, or submit entries to the Forum page of the Site, you must first register with the Site using our online registration process. In doing so, you agree to:
  - provide true, accurate, current and complete information about yourself as prompted by the Site's registration process; and
  - maintain and promptly update that information to keep it true, accurate, current and complete.
2. Upon registering you will be required to provide us with your name, proposed Site user name, a valid email address and a password. You will be asked to provide this email address and password once for each time you subsequently visit areas on the Site requiring registration. In addition, but in accordance with these Terms and our privacy policy, we shall use the contact details you provide us with to contact you with information about the Site, the Song Tank Services, your registration details and/or your Content.
3. In addition, if you wish to upload Content you must then also sign up with us as a Member using our online sign up process, where you will be asked to confirm the name, Site user name, email address and password you provided upon registering and in addition you will be asked to provide us with your full postal address and details of preferred payment method. In doing so, you agree to:
  - provide true, accurate, current and complete information about yourself as prompted by the Site's registration process; and
  - maintain and promptly update that information to keep it true, accurate, current and complete.
  You will also be required to pay a Membership Fee. Full details of the Membership Fee, including the amount due, how it should be paid, any discounts, reductions and/or offers that apply to the Membership Fee (from time to time) and all other relevant information can be found here: [insert link to Membership Fee details' page]. Save as expressly set out in these Terms the Membership Fee is not refundable in any circumstances.
4. You will also receive an account upon completing the Site's registration process. You are responsible for maintaining the confidentiality of your email address, your password and your account and are fully responsible for all activities that occur under your email address, password or account. You agree to:
  - immediately notify us of any unauthorised use of your email address, password or account or any other breach of security; and
  - ensure that you exit from your account at the end of each session. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
5. We shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses.
CONDUCT AND USE OF THE SITE
1. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
2. You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
3. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
4. You shall not use the Site for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
5. Non-commercial Use by Members. Illegal and/or unauthorised use of the Song Tank Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of a Members' account. Any commercial activity undertaken via the Site that is either not directly related to Content or specifically endorsed or approved by us is strictly prohibited.
6. Notwithstanding any other provisions of these Terms, you shall not:
  - impersonate any person or entity or misrepresent your affiliation with a person or entity for any purpose (including, without limitation, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others);
  - modify, adapt, translate, or reverse engineer any portion of the Song Tank Services,
  - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded to the Site;
  - upload, post, email or otherwise transmit or post links or otherwise make available, introduce into or direct to the Site any material that to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site and/or the Song Tank Services;
  - use any device, software or routine to interfere with or disrupt the proper working of the Site, or servers or networks connected to the Site, or any transaction being conducted on the Site, or with any other person's use of the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  - violate any applicable local, state, national or international law, rules or regulations;
  - "deep link" to any portion of the Site;
  - use any robot, spider, other automatic device, or use a site search/retrieval application or other device to retrieve or index any portion of the Song Tank Services or use any other manual process to monitor or copy the Site's pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission;
  - take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  - display any of the Site in a frame (or any of our content via in-line links);
  - engage in any activity that interferes with any third party's ability to use or enjoy the Site; and/or
  - assist any third party in engaging in any activity prohibited by these Terms.
7. The Song Tank Service is designed for personal downloading and use and as such you are not allowed to use any automated system for the selection or downloading of files. We reserve the right to immediately and permanently terminate your access to the Site if we believe that you are violating such limitation.
8. You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Song Tank Services and/or the Site including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer's functionality or operation.
UPLOADING CONTENT TO THE SITE
1. We do not own nor claim to own copyright or other intellectual property rights in any Content that you provide or upload to the Site. After posting your Content to the Site, we acknowledge that you retain all such rights in such Content and may use that Content in any way you choose. By uploading, displaying, publishing, posting or otherwise making available Content on or via the Site, you hereby grant to us and/or other Members a license to view, download, copy, reproduce and distribute such Content solely via the Site, for solely non-commercial use and solely in accordance with all these Terms.
2. The license you grant to us, other users or browsers of the Site and/or other Members is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the Content that you post on the Site). This license will terminate at the time you remove your Content from the Site.
3. You represent and warrant that:
  - you own the Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section; and
  - the posting of your Content on or through the Site, and our use of that Content in accordance with these Terms, does not violate any rights (including, but not limited to, the copyright and/or other intellectual property rights) of any third party.
4. You shall fully and effectively indemnify and hold harmless us on demand from and against all claims, demands, losses, costs, charges and expenses (including, without limitation, legal expenses) arising from a claim by a third party that the provision by you of, or our authorised use of, the Content (in whole or in part) infringes any rights (including, but not limited to, the copyright and/or other intellectual property rights) of any third party.
5. We reserve the right to refuse to receive or post, and/or we reserve the right to remove, delete, modify and/or withdraw (temporarily or permanently), any Content that in our sole judgment violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Accordingly you shall not post Content that:
  - is offensive and promotes or suggests racism, bigotry, hatred or physical harm of any kind against any group or individual;
  - harasses or advocates harassment of another person;
  - exploits people in a sexual or violent manner;
  - contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  - solicits personal information from anyone under 18;
  - provides any telephone numbers, street addresses, last names, URLs or email addresses;
  - is false, misleading, abusive, threatening, obscene, defamatory or libellous or promotes illegal activities or conduct that is any of these things;
  - promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  - involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" or sending of viruses or other harmful files;
  - contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  - furthers or promotes (or provides instructional information about) any criminal activity or enterprise including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, the making or buying of illegal weapons and/or violating someone's privacy;
  - solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  - involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and/or
  - uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
6. You are solely responsible for the Content that you post on or through any of the Site. We do not endorse and have no control over the Content. We do not review any Content prior to its posting. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you upload or transmit to the Site. We assume no responsibility whatsoever (howsoever arising) for inappropriate Content or Content that is in breach of these Terms.
COPYRIGHT AND COPYRIGHT PROTECTION
1. Other than in respect of Content, this Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site.
2. Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Site subject to such hyperlink not portraying Song Tank Limited, its licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Song Tank Limited as part of or in conjunction with the hyperlink.
3. Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Site for such content to be placed upon the Site and made available to Site users. If you believe that we have used your copyrighted work without such consent, please contact us so that we may remedy this at: support@song-tank.com.
MODIFICATION, SUSPENSION, TERMINATION AND REFUND OF THE MEMBERSHIP FEE
1. We reserve the right, without prejudice to any other rights and remedies available to us under these Terms or generally at law, to suspend or terminate your registration and/or use of the Site immediately upon being made aware of any breach or potential breach by you of these Terms. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You agree that we will not be liable to you or to any third party for any such suspension, modification or discontinuance.
2. We will make reasonable efforts to keep the Site operational. However, and subject at all times to the provisions of Clause 6.3 below, in the event that the Site is unavailable, suffers downtime or other service outage solely as a result of our act, omission or failure we shall, as your sole and exclusive remedy in respect of such unavailability, refund the Membership Fee as follows:
  - no part of the Membership Fee shall be refundable where the Site has been unavailable for a period of twenty four (24) consecutive hours for any reason;
  - thereafter, we shall refund to you five percent (5%) of the Membership Fee for every subsequent period of twenty four (24) consecutive hours that the Site is unavailable, capped at one hundred percent (100%) of the Membership Fee paid.
3. No refund shall be payable where the Site is unavailable due to:
  - any event outside of our reasonable control, including without limitation fire, flood, lightning, war, revolution, terrorism, riot, strike, lock-out or other industrial action, failure of supplies of power, fuel, transport , equipment, raw materials or other goods or services, failure or defects in any third party software or services, or failure in provision of telecommunication or internet services by third parties acting on our behalf;
  - service loss due to viruses or hackers or any third party interference with the Site and/or the internet;
  - your inability to connect your computer to the internet, or any failure to access the Site as a result of any act or omission of your internet service provider, or any defects, incompatibilities or outages in your hardware, network, software or telecommunications provider;
  - any breach by you of these Terms; and/or
  - routine maintenance/upgrades and/or emergency maintenance (either performed by us or a third party service provider acting on our behalf). We shall use our reasonable endeavours to provide you with as much advance notification of such maintenance as is reasonably possible but in the event of our failure to do so your sole and exclusive remedy shall be as set out in Clause 6.2 above.
4. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Song Track Service with or without notice. You agree that we shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Song Track Service.
WARRANTIES AND LIMITATION OF LIABILITY
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE NATIONAL AND INTERNATIONAL LAW WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE NATIONAL AND INTERNATIONAL LAW IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ("CONSEQUENTIAL DAMAGES"), INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR SONG TANK SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE THREE MONTHS PRIOR TO THE DATE THAT ANY LEGAL PROCEEDINGS RELATED TO SUCH CLAIM HAVE BEEN COMMENCED (INCLUDING IN RESPECT OF ANY CONSEQUENTIAL DAMAGES IF AND TO THE EXTENT THAT CERTAIN TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES).
3. We do not warrant or represent that:
  - the Site will meet your requirements;
  - access to the Site will be uninterrupted, timely, secure, or error-free;
  - the results that may be obtained from the use of the Site will be accurate or reliable;
  - the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; or
  - any errors in any data or software will be corrected.
4. You expressly understand and agree that we shall not be liable for, and to the fullest extent permissible by applicable national and international law we hereby exclude or limit our liability in respect of, any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
  - the use or the inability to use the Site (save as expressly set out in these Terms);
  - unauthorised access to or alteration of your transmissions or data;
  - statements or conduct of any third party on the Site; or
  - any other matter relating to the Site.
5. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
6. We are not responsible for the conduct, whether online or offline, of any Member and/or user of the Site and/or the Song Tank Services and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or the Site, including any damage to any person's computer or IT systems and/or network related to or resulting from participation or downloading materials in connection with the Site and/or the Song Tank Services.
7. Members are solely responsible for all their dealings, transactions or other interactions with other Members of the Site, and to the fullest extent permissible by applicable law we hereby exclude. We may (but are under no obligation to) monitor disputes between Members.
GENERAL LEGAL PROVISIONS
1. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
2. We may amend these Terms from time to time, and place the new version on the Site. When we do so, we will place a notice advising that the Terms have been changed on the Site's homepage at www.song-tank.com. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.
3. We may alter these Terms at any time and your use of the whole/any part of the Site following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Site
4. These Terms shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this website fully.
5. If any provision(s) of these Terms are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
6. These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.
AUDIO PLAYER
1. The Audio Player and any software contained therein (the "Audio Player Software") is made available to you free of charge subject to these Terms. You may load the Audio Player Software into the temporary storage of your computer each time you use it for the sole purpose of engaging in that use, provided that you do so in accordance with these Terms, and such use does not violate our intellectual property rights.
2. You agree not to attempt to, or assist another person to attempt to, circumvent, tamper with, modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from, the Audio Player Software, and you may not copy, distribute, publicly display, or publicly perform the Audio Player Software except as expressly authorised by these Terms.
3. You agree not to modify the Audio Player Software in any manner or form, or to use modified versions of the Audio Player Software, for any purposes. You may not use the Audio Player Software to engage in or allow others to engage in any illegal activity. You may not claim any sponsorship by, endorsement by, or affiliation with Song Tank Limited.
4. By uploading any Content (including but not limited to skins or plug-ins) to the Audio Player Software, you grant to us and to Members of the Site the perpetual, world-wide, royalty free license to copy, distribute, publicly display, publicly perform, and create derivative works from such skins or plug-ins. You represent and warrant that all such skins or plug-ins are original works, created by you, which do not infringe any third party intellectual property, proprietary, or other rights.
WHOS LOOKING SECTION
1. The Whos Looking section and any information contained therein (the Whos Looking Info) is made available exclusively to subscribed Song Tank users as part of their subscription but subject to these Terms. Such Whos Looking Info is strictly confidential and as a subscribed user, you may read and use such Whos Looking Info, provided that you do so in accordance with these Terms, and such use does not violate our intellectual property rights.
2. You agree not to attempt to, or assist another person to attempt to, share, distribute, post on a forum, forward, lend or copy such Whos Looking Info, except as expressly authorised by these Terms.
3. You agree not to contact the commissioner of any and all Whos Looking Info either by messaging through the Song Tank Website, email, telephone, message forum or anyway whatsoever, unless said commissioner contacts you first. Attempting to contact the commissioner of any Whos Looking Info may result in your access to the Whos Looking Section being suspended or cancelled and/ or your membership to the Song Tank Website being suspended or cancelled indefinitely.
4. In such cases where a members access to the Whos Looking Section is suspended or cancelled or a members membership is suspended or cancelled, no refunds or compensation on that members subscription fee will be payable.