Desktop DJ Terms and Conditions

General

The Desktop DJ is a fun and personalised product specifically developed for the educational marketplace. The copyrights in the sound recordings and musical works are licensed and streamed to the receiving consumer who is not permitted to copy or reproduce these copyrights. The Desktop DJ users will be able to use the service and listen to the tracks indefinitely, subject to reasonable use.

The recipient must have the technical ability to receive and play the Desktop DJ. This will include, but is not limited to, speakers, email address, flash and a popular and recent internet browser. The requirements may change from time to time as technology changes and these will be published on the I Like Music web site.

Conditions of Use

This document (the “Agreement”) is a legally binding agreement between you and I Like Music (“ILM”) that governs your use of ILM’s Desktop DJ software application and online streaming service. Please note that you must read and agree to the terms and conditions of this Agreement before you use the ILM Desktop DJ service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the ILM Desktop DJ Application or software.

Contract formation

By ticking the “I agree” box application (including but not limited to the on-line access to the ILM web site) you confirm that you are 18 years of age or more, that you have your residence in one of the countries in which ILM provides the ILM Desktop DJ service, that any registration information that you submit to ILM is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the ILM Privacy Policy.

Grant of license

ILM grants you a limited, non-exclusive, revocable license to make personal non-commercial use of the ILM Desktop DJ application. You do not have a right to transfer or sublicense your rights under this Agreement.

Purchase of ILM Desktop DJ

By ticking the “I agree” box you agree to pay the fee for the Desktop DJ service in accordance with the rate card (as amended from time to time) and in accordance with ILM’s standard invoicing procedures. All prices stated on the ILM Desk Top DJ website are exclusive of VAT and other applicable taxes and fees.

Payment methods

ILM accepts cheques and the majority of merchant payment services including PayPal, VISA, MasterCard and other major credit cards detailed on the ILM website.

Prices

ILM reserves the right to change the price for the ILM Desktop DJ service from time to time. Annual subscriptions rates will be reviewed periodically and any new prices will be posted on the ILM web site and it is your responsibility to check the website for such postings from time to time.

Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

1. copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the ILM Desktop DJ application/service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
2. provide your password to any other person or use any other person's user name and password;
3. reverse-engineer, decompile, disassemble, modify or create derivative works based on the ILM Desktop DJ application/service or any part thereof;
4. circumvent any technology used by ILM or its licensors to protect content accessible through the ILM Desktop DJ application/service;
5. rent or lease any part of the ILM Desktop DJ application/ service; and
6. use the ILM Desktop DJ application/service in a way that violates the terms of this Agreement. In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the ILM Desktop DJ application / service and its content.

Advertising and use of your computer resources

As consideration for your rights under this Agreement, you agree that (i) ILM and its business partners have a right to provide advertising and other information to you in relation to other ILM services, and that (ii) ILM has a right to allow the ILM Desktop DJ application / service to utilise the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the ILM Desktop DJ application / service, and to facilitate the operation of the network on which the ILM Desktop DJ application / service runs.

Customer support

If you have any questions concerning the ILM Desktop DJ application / service or this Agreement, please contact ILM customer service by visiting the ILM web site.

Term and termination

This Agreement will become effective in relation to you when you have ticked the “I agree” box when purchasing the ILM Desktop DJ service and will remain effective until terminated by you or ILM. You may cancel your ILM Desktop DJ account at any time by informing ILM via the web site which shall have effect immediately. This means that ILM is under no obligation to refund any unexpired portion of your contract you have already paid for. ILM reserves the right to terminate this Agreement or suspend your ILM Desktop DJ service at any time in case of unauthorised, or suspected unauthorised, use of the ILM Desktop DJ application / service. If ILM terminates this Agreement, or suspends your ILM Desktop DJ account, for any of the reasons set forth in this section, ILM shall have no liability or responsibility to you, and ILM will not refund any amounts that you have previously paid.

Warranty

The use of the ILM Desktop DJ application / service (including but not limited to its content) is at your own risk. The ILM Desktop DJ application / service is provided on an “as is” and “as available” basis. There is no warranty, expressed or implied, as to the quality, content and availability or fitness for a specific purpose of the ILM application / service. In addition, ILM does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the ILM Desktop DJ service or any hyperlinked website, or featured in any banner or other advertising. Consequently ILM will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the ILM Desktop DJ service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from ILM shall create any warranty on behalf of ILM in this regard.

Limitation of liability

In no event shall ILM, its affiliates, officers, directors and employees be liable for any indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the ILM Desktop DJ application / service (including but not limited to its content), including any damages resulting from them. Your only right with respect to any problems or dissatisfaction with the ILM Desktop DJ application / service is to cancel your ILM account and refrain from using the service.

Indemnity

You agree to indemnify and hold ILM and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable attorney fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

Intellectual property

ILM respects intellectual property rights, and expects you to do the same. Please note therefore that the ILM Desktop DJ application / service and the content provided through the ILM service is the property of ILM or ILM’s licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the ILM Desktop DJ application / service (including but not limited to its content) in any manner not covered by the Agreement.

Further, you may not remove or alter any copyright, trade mark or other intellectual property notices contained on or provided through the ILM Desktop DJ application / service.

Technology limitations and modifications

ILM will make reasonable efforts to keep the ILM Desktop DJ application / service operational.

However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. ILM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the ILM Desktop DJ application / service with or without notice.

Privacy

You agree that ILM has a right to collect and process your personal information in accordance with the ILM Privacy Policy (see below).

Assignment by ILM

ILM has a right to assign this Agreement or any part thereof without restrictions.

Entire agreement

This Agreement together with the ILM Privacy Policy constitutes all the terms and conditions agreed upon between you and ILM and supersede any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to ILM are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by ILM not contained in this Agreement.

Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

Governing law and disputes

This Agreement shall be governed and construed in accordance with the substantive laws of the United Kingdom. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the jurisdiction of the courts of United Kingdom.

I Like Music plc - Privacy Policy

Effective as from 1st January 2010

ILM wish to bring you an entertaining and personal music service. To be able to do this, and to offer you products and services available on the ILM web page, ILM will request some information from you and automatically collect information about your use of the ILM Desktop DJ application / service and the I Like Music web site. This policy describes what personal information we may collect from you and what we will and will not do with that information.

How we collect and use personal information

When you sign up for a ILM Desktop DJ account we may ask you for certain personal information such as email address, postal address, age, gender and residence. In addition, when you use the ILM Desktop DJ application / service and ILM Website, we will automatically receive information about your use of the application, service and website including personal information such as media that you access, queries you make, date and time of your request, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version.

We will use your personal information (i) to provide the products and services that you have purchased or requested (including the display of customized content and advertising), (ii) to communicate with you concerning your account and customer service issues. (iii) to personalize and improve the ILM Desktop DJ application / service and the ILM Website, (iv) to ensure the technical functioning of our products and services, (v) to develop new products and services, and (vi) to protect the copyright-protected content of the ILM Desktop DJ service.

Sharing information

Unless you give us your explicit approval in advance we will only share your personal information as is necessary to:

• Provide you with the products or services that you have purchased or requested.
• Enforce the terms and conditions of the ILM Desktop DJ terms and conditions of use.
• Comply with laws and regulations or respond to litigation.
• Allow for a change of ownership of ILM (including but not limited to an acquisition by or merger with another company) and related transfer of all personal information to the new owner in which case any information remains protected in accordance with this Privacy Policy.
• Allow advertising audits measuring the size and composition of the group of users that have listened to and/or viewed an advertisement or other promotional information.
• Allow us to use a third party to perform a market survey measuring your experiences of our services (not permitting the third party to use your personal information for any other purpose).
• Allow us to share aggregated statistics about use of the ILM Desktop DJ application / service with our business partners. We will not, however, share personally identifying information with these partners or any third parties, except under the narrow circumstances described above.

In some cases, access to certain products and services may require you to provide your personal information to a third party, such as our business partners. In such cases, this will be stated during the registration process, in the terms of use or in a similar manner. The third party’s use of such information is governed by that party’s privacy policy, and ILM’s use is governed by this Privacy Policy. Please visit the privacy policy of our business partners to make sure that you understand how they use the personal information you provide to them. If you do not wish for such use of your personal data taking place, you should not register for the applicable product or service.

Transfer of personal information

ILM processes personal information on servers in a number of countries. We may therefore transfer and process your personal information on a server outside your country. However, we will always do so in accordance with this Privacy Policy.

Security

We take a number of steps to keep your personal information secure from unauthorised access. For example, we seek to use a unique and strong password and limit the sharing of this information with anyone. In addition, we use encrypted transmissions to limit access to the systems that store your personal information. Further, we respect and comply with EU legislation on data protection.

Access to personal information and corrections

You can access and update some of the personal information we keep on you through the ILM Desktop DJ service or by sending a request to desktopdj@ilikemusic.com. We will respond to your request upon verification of your identity within a reasonable period of time, and to the maximum extent practical.

Links

We may display links to third party websites. Please note that we cannot control and cannot be held responsible for the privacy policies of such websites. You should always read the privacy policy of a website to find out more about how personal information is collected and processed.

Changes to this Privacy Policy

ILM reserves the right to make changes to this Privacy Policy. If we make any material changes to this policy we will notify you by posting the new version of the policy on the ILM web site. It is your own responsibility to check the website for such postings from time to time.

Please note that by accepting the ILM Desktop DJ terms and conditions by using the ILM Desktop DJ application / service or the ILM website, you consent to the collection and processing of your personal information as described in this Privacy Policy. As mentioned above, we will notify you if we make any material changes to this Privacy Policy by posting the new version of the policy on the ILM web site. Your continued use of the ILM Desktop DJ application / service or the ILM Website following the posting of changes to this Privacy Policy will constitute an acceptance of such changes.

If you have any concerns, questions or thoughts on how we can improve our privacy policy, please let us know by sending an email to desktopdj@ilikemusic.com.

Copyright © 2010 I Like Music Ltd. All rights reserved.

I Like Music Ltd, St John’s Studios, 6-8 Church Road, Richmond, Surrey, TW9 2QA