GradedBlue Music provides a personalized service (the "Service") which allows individual members to upload certain files (the "Content") and to access this Content for specific manipulations and uses through the GradedBlue Music interface (the "Interface") in unison with the Internet.
GradedBlue Music may also provide a downloadable software application (the "App") with which you may obtain an alternative means of access to the Service. This App may allow off-line use of the Content through use of the Service. The Interface and the App will not necessarily offer the same functionality in the use of the Service.
Membership and Membership Plans and Payment
A Member may be offered Plans which are free or paid or free for a period and then paid, as disclosed to you at the time you chose to sign-up for a Plan. Where a Plan is associated with payment the payment amount will be disclosed at sign-up.
We may change the price of paid Plans from time-to-time. In respect of a single-payment Plan you will not be charged more than the amount displayed at the time you signed-up for the Plan. In the case of a periodic payment Plan communication of the new price will be made available to you not less than one payment period prior to application of the change, giving you the chance to withdraw before the change is effective. Some Plans may have additional conditions and limitations which will be disclosed at your sign-up or in other communications made available to you.
Where a Plan is associated with a payment you agree to make that payment at the time or times disclosed for the Plan. Unless otherwise agreed, payment in respect of a period of use will be in advance of the period.
Your account is personal to you and you may not share your password or other account details with any person. We will not be liable for your losses caused by any unauthorized use of your account and you agree to be liable for the losses caused to others or us due to such unauthorized use.
Information which You Provide and Information which We Hold
You warrant that all information with which you provide to us, whether in connection with becoming a Member, signing-up to a Plan or otherwise, is accurate and that you have a right to provide this information and any payment details, and to commit the payer to make all payments.
We will take reasonable efforts to safeguard your information from unauthorized access and will not pass your information to third parties, except to the extent that we believe in good faith that disclosure is reasonably necessary to comply with any applicable law, regulation or legal process, to detect or prevent fraud, to address security or technical issues, to prevent imminent danger of death or serious bodily injury to any person, or as expressly authorised by you. We may pass your information to other parts of the GradedBlue group under the same obligations.
We reserve the right, at our sole discretion and for any reason at any time, to refuse to accept or store any Content you provide or to remove it.
Termination of Membership and Withdrawal from a Plan
You may withdraw from a Plan at any time through the website. You may cancel your Membership without notice at any time through the website which will have the effect of withdrawing you from all Plans.
If you withdraw from use of a Plan associated with periodic payments, such payment will cease to be due from the start of the next period. Any obligation on us to store the Content or to make it available for you to access will cease at that time. You accept that we may retain any materials concerning your account to the extent permitted by applicable law.
In exceptional circumstances, including when your use of the Service is so high as to disrupt or be in danger of disrupting the availability or quality of the Service to others, we may temporarily limit your usage of the Service without withdrawing the availability of any Plan from you.
Intellectual Property and Use of Materials on the Website
You transfer to us all rights necessary to contain, show and access the Content in association with the Service, and you warrant that you have all rights necessary to do so.
All other material contained or displayed on this website, including but not limited to names, images and logos identifying GradedBlue or GradedBlue Music or third parties and their products and services, is owned by them and is protected by copyright, trademark and other intellectual property laws. You may not attempt to "pass-off" any such material as your own. You may not post such material on any other website or display or distribute such material without our express prior written consent.
Warranties, Disclaimer of Warranties and Limitation of Liability
The website may contain materials submitted by third parties. GradedBlue Music does not warrant that it has tested or evaluated such materials and provides these on the website merely as a service to its users. The website and all content therein are provided "as is", without warranty of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
To the maximum extent permitted by law, GradedBlue and GradedBlue Music disclaims all liability for any claims, demands, suits or actions, under any theory of liability, arising out of the use or attempts to use or reliance on the website and any such content. You agree that GradedBlue and GradedBlue Music shall not be liable or responsible in any way for any losses or damage however arising, including lost profits or other indirect, special, incidental or consequential damages, even if advised of the possibility of such damages, relating to the foregoing.
Choice of Laws and Compliance with Applicable Laws
You agree to use the website and Service only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website or Service.
These Terms shall be governed by and shall be interpreted in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the English Courts in relation to all matters arising out of or in connection with them. The parties agree that they will in the first instance attempt to settle any dispute arising out of the use of the website or the Service or Membership or App by negotiation between us.