Terms & Conditions of Mobile & Website Use - CA
As amended 10th August 2015
1 ACCESSING 7DIGITAL’S WEBSITE
1.1 Acceptance. Your access via web, personal computer, mobile device, connected device, Application Programming Interface (“API”) or otherwise to our (i) website (including but not limited to: www.7digital.com, its international versions, and any other service powered by 7digital for third parties available via a website or portal) (collectively the “Website”); and (ii) app (including but not limited to the Android and iOS 7digital apps, and any other service powered by 7digital for third parties available via an app) (collectively the “App”) is expressly conditioned on your compliance with and acceptance of these Terms. If you do not agree to be bound by these Terms you must cease accessing or using the App or Website.
1.2 Additional Applicable Terms.
These Terms refer to the following additional terms, which also apply to your use of our App or Website:
- Terms of Service, which will apply if you sign up to use or purchase our services or access any preview clips and you must review such terms in addition to these.
Apps or Websites operated for third parties by 7digital may also have additional terms to which you will be bound. It is your responsibility to read and understand any terms and conditions that apply to your use of websites and services.
1.3 Information about us. The App and Website are operated by 7digital Limited. We are a limited liability company registered in England and Wales under company number 04843573 with our registered office at 69 Wilson Street, London, United Kingdom EC2A 2BB. Our VAT number is GB 830 6840 35.
1.4 Right to Amend Terms. 7digital reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the amended Terms on this page and will indicate the effective date at the top. We may also give you notice of the amendments by email. If you do not agree to (or cannot comply with) the Terms as amended, your only remedy is to stop using the Website. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the App or Website after any such changes constitutes your acceptance of the amended Terms.
1.5 Links. The App or Website may contain links to third party websites or services. You will leave the App or Website if you click on these links and will be redirected to such third party websites or services. You acknowledge and agree that 7digital is not responsible or liable for: (i) the availability or accuracy of such websites or services; or (ii) the content, products, or services on or available from such websites or services. Links to such websites or services do not imply any endorsement by 7digital of such websites or services or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services. These Terms shall not apply to your access to third party websites or services.
1.6 Changes to the Website. 7digital may, in its sole discretion, update the App or Website from time to time and may change the content provided at any time. You acknowledge and understand that any content on the App or Website may be out of date at any given time and 7digital is under no obligation to update it. 7digital does not guarantee that the App or Website, or any content on them, is free from errors or omissions.
2 OBJECTIONABLE MATERIAL
You understand that by using the App or Website, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your own risk and 7digital will not be liable to you for content that may be found to be offensive, indecent, or objectionable. 7digital does not guarantee the accuracy of any descriptions provided on its App or Website.
3 CHILD SUPERVISION
7digital is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the App or Website should supervise such access and use. It is your responsibility to determine which if any portions of the App or Website are suitable for your child to access.
4 USAGE RULES
4.1 Use of Content. If you sign up to use our services to access information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (the “Content”), or access any preview clips available through our service and/or website, your use of such Content and/or preview clips shall be governed by our Terms of Service.
4.2 Use of the App or Website. You agree not to:
(i) use the App or Website to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses, log-in details or other credentials;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) breach any applicable laws or regulations;
(xi) use the App or Website in any manner that could damage, disable, overburden or impair the App or Website or interfere with any other party's use and enjoyment of the App or Website;
(xii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement); nor
(xiii) attempt to gain unauthorised access to any of the App or Website, other accounts, computer systems or networks connected to the App or Website through hacking, password mining or any other means.
4.3 Monitoring. We have no obligation to monitor the App or Website but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms or is otherwise objectionable.
7digital has the right to terminate your access to any or all of the App or Website at any time, without notice, for any reason, including without limitation, breach of these Terms. You agree that 7digital shall not be liable to you or any third party for any termination of your access to the App or Website.
6 YOUR EQUIPMENT
Without limiting any provision herein, 7digital makes no warranty or promise that any particular computer, portable device, or other hardware will be compatible with 7digital’s App or Website. It is your sole responsibility to ensure that your playback system(s) will function correctly with the application.
7 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
8 INTELLECTUAL PROPERTY RIGHTS
8.2 Posted Material. 7digital does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the App or Website. However, by doing so you are granting 7digital a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as you elect to display such content via the App or Website. The licence shall be terminated when such content is deleted from the App or Website.
9 LOSS CAUSED TO US
You agree to cover and repay any loss suffered by 7digital in the event that you breach these Terms, and a claim or demand is brought against 7digital, arising out of your use of the App or Website and/or any content submitted, posted or transmitted through the App or Website, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by 7digital in consequence of your breach of these Terms.
10 DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 Use of the App or Website is at your own risk. To the maximum extent permitted by law, the App or Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty or condition of any kind whether express or implied, including but not limited to the implied warranties or conditions of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. The content on the Website is provided for general information 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 the App or Website.
10.2 To the maximum extent permitted by law, 7digital will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, goodwill, opportunity, data, profits, or business interruption, or loss of anticipated savings) arising out of or in connection with the use of the App or Website.
10.3 7digital makes no warranty or promise that the App or Website will meet your requirements, that content will be accurate or reliable, that the functionality of the App or Website will be uninterrupted or error free, that defects will be corrected or that the App or Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
10.4 To the maximum extent permitted by law, 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 the App or Website or to your downloading of any content on it, or on any website linked to it. You must not misuse the App or Website 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 the App or Website, the server on which the App or Website is stored or any server, computer or database connected to the App or Website. You must not attack our site 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. 7digital 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 the App or Website will cease immediately.
10.5 Nothing in these Terms shall be construed so as to exclude or limit the liability of 7digital for death or personal injury as a result of the negligence of 7digital, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
10.6 Nothing in these Terms shall affect your statutory rights as a consumer.
10.7 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products, digital content or services to you, which will be set out in our Terms of Service.
11.1 If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
12 GOVERNING LAW
These Terms are governed by and interpreted in accordance with the laws of England. If you are a business, you and we submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with the subject matter or formation of these Terms (including non-contractual disputes and claims). If you are a consumer, you and we both agree that the English courts shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation of these Terms (including non-contractual disputes and claims). However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.
All 7digital trademarks, service marks, trade names, logos, domain names, and any other features of the 7digital brand are the sole property of 7digital.
14 CONTACT US
To contact us, please visit our Contact section on this app or website.
Thank you for visiting our App or Website.