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Rightster: Terms of Use

1. Who We Are

1.1 This website (the “Site” “Rightster.com”) is owned and operated by Rightster Limited registered in England and Wales under company registration number 7634543, registered office at Rightster Ltd 33 Cavendish  Square London W1G 0PW (“we“, “our“, “us“).

1.2 Whether you register as a member or simply visit the Site to browse its content, by accessing or using this Site and the services made available on or via the Site (the “Services“), you accept and agree to these terms and conditions (the “Terms“), and you agree that your use of this Site and the Services is subject to these Terms. If you do not agree to all of these Terms, you should not use the Site or the Services.

2. Changes to these Terms

2.1 We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates. Your continued use of this Site and the Services following the posting of changes will mean you accept those changes.

3. Registration and Membership

3.1 By registering as a member, you will be able to access your account and log on to those areas of the Site, and use those Services, that are reserved for members only. You agree that you will provide truthful and accurate information as part of the registration process. When you first register you will be asked to select a unique username and we will provide you with a password. The decision to register a password is in our discretion and we may revoke your password at any time. It will be your responsibility to maintain the confidentiality of these details and for all activity that occurs in connection with your account. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder. You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

3.2 Any information you provide relating to: (a) your membership, (b) any content you submit or upload, or (c) otherwise as part of the process of submitting, uploading and/or downloading content via the Site or other use by you of the Services, may be used by us (or any of our sub-contractors, employees, agents and advisors on our behalf) in connection with the administration of your membership. We will not pass this information on to third parties for any other purposes without first obtaining your consent.

3.3 We will not share personally identifiable information about you with any third party unless required to do so by law, or as is necessary to fulfil its obligations under these Terms.

4. Site Content

4.1 This Site and the Services (and all material on this Site and the Services) including, but not limited to, text, graphics, photos, logos, button icons, images, music recordings, lyrics, audio and audio visual clips, digital downloads, databases, data compilations, data and software (“Site Content“) are owned and/or controlled by us or licensed to us by our affiliates and/or licensors (including other users and members).

4.2 Unless otherwise specified, this Site and the Site Content are for your personal and non-commercial use only.

4.3 You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Site Content or any code underlying or relating to the Site or the Services in any form or by any means (electronic, mechanical or otherwise) except to the extent expressly permitted under these Terms.

4.4 Whilst using the Site and/or the Services you may encounter Site Content that you find objectionable or offensive, which may or may not be identified as being of an objectionable or offensive nature. You agree to use the Site and/or Services (including the Site Content) at your own risk and we will have no liability to you for your use of the same.

5. Your Use of the Site and Services

5.1 You may not: (a) restrict or inhibit any other user from using and enjoying this Site, the Services or any Site Content; (b) act in any way that would damage, disable, overburden, or impair this Site, the Services or any Site Content or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; (c) upload, post or transmit to, or distribute or otherwise publish through, this Site or the Services any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party’s rights; (d) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (e) exploit any information or other material obtained on or through this Site or the Services for commercial purposes; (f) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any such activity which involves accessing or using our cookies for purposes); (g) attempt to gain unauthorised access to other computer systems through this Site or the Services, or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site or the Services; or (h) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to the Site, the Services or any Site Content.

6. Content Provided by You

6.1 You may opt to submit or upload content to the Site or the Services. Although you retain ownership of the materials submit or upload, by submitting or uploading that content you will be granting us a non-exclusive, royalty-free, sub-licensable license to use, reproduce, create derivative works of, host, index, distribute, publish, publicly perform or display, transfer and transmit that content for the purposes of displaying the same on the Site and the Services, and on other sites, platforms and/or services (including for the avoidance of doubt the right for other users of the Site or the Services (such as, publishers of content) to download the content so as to include such content on their sites, platforms and/or services), subject to any restrictions you notify us of as part of the submission or uploading process.

6.2 We will not sell advertising on your content save to the extent otherwise agreed by you as part of the submissions or uploading process.

6.3 If you would like us to remove any of the content you submit or upload, please notify us at help@rightster.com and we will do our best to remove the content as soon as reasonably practicable following receipt of your notice by us. The licence granted by you to us in respect of your content will automatically terminate when such content is removed from the Site and the Services. However, you should bear in mind when submitting or uploading the content that we are not able to guarantee that content deleted from the Site or the Services will be deleted from the sites, platforms and/or services of third parties, and you may need to contact such third parties directly in order pursue such deletion.

6.4 We are not required to make available or otherwise exploit any content submitted or uploaded by you. We are not responsible for any loss, theft, rights infringement or damage of any kind to the content and you take sole responsibility for the content that you provide to us.

6.5 You will not submit or upload any content that: (a) is offensive or promotes racism, hatred or physical harm of any kind against any group or individual; (b) harasses or promotes or enables harassment of another person; (c) involves, promotes, enables or facilitates the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (d) comprises or promotes information that you know to be false or misleading; (e) involves, promotes, enables or facilitates illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (f) infringes any rights of any third party (such as but not limited to images of well known characters, pictures, music, commercial recordings) or which results in the disclosure of personal information of a third party or the confidential information of any person; (g) comprises, promotes, enables or facilitates an illegal or unauthorised copy of another person’s copyrighted work, such as, but not limited to, 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 sites or files; (h) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (i) comprises, promotes, enables or facilitates access to material that exploits people in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (j) comprises, promotes, enables or facilitates access to instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, breaching someone’s privacy, or providing or creating computer viruses; (k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (l) involves, promotes, enables or facilitates commercial activities and/or sales without our prior written consent such as auctions, contests, sweepstakes, barter, advertising, or pyramid schemes.

6.6 You are solely responsible for ensuring that you hold and will continue to hold all of the rights that you need to have in order to submit or upload the content to us and to grant to us the rights granted in these Terms.

6.7 By providing User Content to us, you represent, warrant and undertake that: (a) you are at least 18 years of age; and (b) all of the information provided by you is correct and current.

6.8 You represent, warrant and undertake that the content you submit or upload, and the rights and licences granted to us under these Terms, do not and will not violate any applicable law, statute or regulation and do not and wil lnot breach any duty toward or rights of any person or entity including, without limitation, intellectual property rights, publicity or privacy rights, or rights or duties under consumer protection, product liability, tort or contract theories.

6.9 You acknowledge and agree that we have the right but not the obligation to monitor and to moderate your content provided to us and that we have the right to remove, edit and suspend any content that we consider in our absolute discretion to be inappropriate and in appropriate cases to provide copies of your content to the appropriate authorities. You also accept, however, that we have no obligation to monitor or moderate any of your content and our right to do so should not in any respect be regarded as a substitute for your obligations under these Terms.

7. Blogs, Forums, Message Boards

7.1 You will be required to register with us in order to use any blogs, forums or message boards or other similar social networking services provided on the Site or via the Services from time to time.

7.2 For the purposes of these Terms, messages posted are treated as Site Content and are subject to the applicable rules set out in these Terms.

7.3 Although the administrators and moderators of the Site and the Services will attempt to keep all objectionable messages off the Site, it is impossible for us to review all messages.

7.4 Messages posted express only the views of the author and we are not responsible for the content of any message.

7.5 We may remove, move, edit or close any blog, message or thread for any reason.

7.6 We strongly advise you not to post your contact or other personal details on the Site.

8. Advertising

8.1 We share a percentage of the net advertising revenues that are actually received by us with the user who uploaded or submitted the content. Such revenues will be shared once each quarter with those users who have accrued £10 or more. For these purposes, “net advertising revenues” means the actual revenues received by us less standard fees from media agencies and or sales agencies.

8.2 In order to benefit from advertising payments provided, you must indicate during the content submission or uploading process that you wish to have advertising included in respect of your content. We reserve the right to withhold advertising payments to users who are found to have used the Site and/or the Service in a way which is contrary to these Terms of Use.

8.3 The inventory relating to your content in respect of which we will be entitled to apply advertising from time to time shall be as stated on the Site or the Services. The inventory included in relation to your content may be sold and served by us, our affiliates or advertising partners, save to the extent that you have specified as part of the content upload or submission process that you wish to include advertisements that you have sold yourself (subject to payment by you of a fee).

9. Termination

9.1 We may, in our sole discretion, terminate your password, account (or any part thereof) or use of this Site and/or the Services without notice if you are in breach of these Terms or if we believe in our absolute discretion that your content or your use of the Site or the Services is unsuitable.

9.2 Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.

9.3 Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).

10. Transfer of Rights and Obligations

10.1 The contract between you and us created by your acceptance of these Terms (the “Contract“) is binding on you and us and on our respective successors and assigns.

10.2 You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

10.3 We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for the fulfillment of our obligations under the Contract.

11. Events Outside Our Control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.

12. General

12.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter.

12.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.

12.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.

12.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

12.5 These Terms shall be binding on and ensure for the benefit of each party’s successors in title.

13. Governing Law and Jurisdiction

13.1 These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms.

14. Communication

14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using this Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English. This does not affect your statutory rights.

14.2 All notices given by you to us must be given to us at the address or email address specified in the Contact Us area of the Sitehelp@rightster.com We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.

14.3 If you have any queries about these Terms, this Site or any of our Services please contact: help@rightster.com

These Terms were last updated on 13 September 2010.

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