These Terms of Use define the terms and conditions under which GradedBlue Music offers to provide you with the use of this website or the service described herein. By choosing to use this website or the service or by becoming a member as described below you agree to be bound by these Terms of Use.
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.
The use of the App is subject to terms which will be made available to you at the time of download of the App as well as these Terms of Use, either of which may be amended by posting to the website.
You, an individual, become a "Member" by opening an account for use of the Service. A Member may sign-up to one or more membership plan (a "Plan") by providing information required by the sign-up process and satisfying any associated payment requirements. You remain a Member until membership is terminated according to these Terms of Use.
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.
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.
Where your information in our possession includes personal information, which may include payment information, your name, email address, mailing address, telephone number, payment account details, and so on, we will accept the role of data controller for such information. We may use the personal information and other information to personalize your experience, to process your transactions, for contact and notification, including informing you of the status of orders and marketing or other promotional materials, and for auditing and conflict resolution, including in connection with inappropriate use of our website and Service, non-compliance with these Terms of Use or other terms between us, or in connection with a complaint filed by you or another user. Also, once the information has been rendered anonymous, we may use it for developing, operating and improving our Service.
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.
Where any term in these Terms of Use concerning the privacy of your information which we hold is in conflict with any term of a Privacy Policy displayed as generally applicable to the website, we shall be obliged to comply with the term which is more limiting upon us, excepting that no term will be interpreted to prevent GradedBlue Music from exchanging your information with other parts of the GradedBlue group.
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.
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.
We may withdraw the availability of any Plan from you or terminate your Membership without notice for any reason or none. If we do so other than following your failure to make any due payment or your other breach of these Terms of Use we will refund to you upon first demand any payment made by you pro-rated for any Service already provided in respect of that payment.
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.
We may change the Terms of Use which apply from time to time by posting them to the website. We will not apply changes to pricing by doing this.
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.
Nothing on the website or in these Terms of Use shall be construed as conferring upon you ownership of or any right to use any trademark, patent, design right, copyright or other intellectual property rights of GradedBlue Music or any other party, whether by implication, estoppel or otherwise.
The website and Service uses cookies for authentication and analytics and to improve your experience and, where relevant, to support payment. By using the website or Service you consent to this.
You warrant that the Content you upload is not defamatory and that neither it nor its use as envisaged in these Terms of Use infringes any law.
You agree to indemnify and hold GradedBlue, GradedBlue Music and their subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys fees, made by any third party arising out of the above warranty and all warranties given herein, out of the Content and matter you post on the website, your use of the website, your violation of these Terms of Use, or your violation of any rights of a third party.
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.
In the event that any part of the foregoing limitation shall not be held to limit liability, you and we agree that each party's aggregate liability under these Terms of Use shall not exceed, under any circumstances, the amount of fees paid by you pursuant to these Terms of Use in the previous year or fifty pounds Sterling (£50.00), whichever is the lesser.
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.