GENERAL
1. Introduction
Overplay is a website dedicated to providing a platform for emerging artists and bands. Overplay aims to give exposure to artists, bands, singers, songwriters by giving them access to play their music and advertise their artist/band via the website www.overplay.com ("the Website") and providing its services subject to these terms and conditions. If you do not agree to the Terms and Conditions, please do not use the website.
We may change these Terms and Conditions at any time by posting changes online. Please review the terms regularly to ensure that you are aware of any changes. Any continued use following any such changes to these terms will be deemed to be your acceptance of such change.
2. Registration
This agreement between Overplay ("We", "Us", "Our") and emerging artists/bands ("you, your") sets out the terms and conditions ("the Terms") on which we supply services to you. Before you can use the Website you must complete our registration form. Please ensure that all the details are valid and correct at all time and inform us immediately of any changes. If you are a member of a group, you must appoint a group "leader" who will be responsible for completing and maintaining the group’s registration and membership responsibilities.
3. Access to Overplay
We will do everything we can to ensure that availability of the Web Site will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Web Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
4. Licence for Use of the Website
We grant you a limited licence to access and make personal use of the Web Site, but not to copy (other than page caching) or modify it, or any part of it, or be reproduce, duplicate, sell, resell, or otherwise exploit it for any commercial purpose except with our express written consent. This licence does not include any resale or commercial use of the Web Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the Web Site or any of its contents, any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Overplay without our express written consent. You may not use any meta tags or any other "hidden text" utilising the overplay.com name without our express written consent. Any unauthorised use terminates the permission granted under this license by us.
TERMS AND CONDITIONS COVERING MEMBERSHIP
5. Price Details and Payment Obligations
You may purchase Membership from a choice of three different accounts: Bronze account is free, Silver account at £20 and Gold account at £30 (please see section on the website for more details). All membership accounts last for one year. You can make payment by Visa, MasterCard, Switch, American Express, JCB, Diners, Laser, Electron, and Lastschriften (ELV) through our secure payment provider Worldpay. If you have any questions regarding your account please contact us.
6. Your Account, Password and Security
Once you have purchased your membership you can log into your account using your email address and a unique password which will be sent to you by us via email. If you use the Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account and/or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or likely to be, used in an unauthorised manner.
We reserve the right to refuse access to the Web Site, terminate accounts, remove or edit content, or cancel purchases at our discretion. If we cancel a purchase it will be without charge to you.
7. Your Conduct
You must not use the Web Site in any way that causes, or is likely to cause, the Web Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Web Site for lawful purposes only.
You must not use the Web Site for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - to cause annoyance, inconvenience or needless anxiety.
8. Community Rules for Overplay Message Board
When using the Overplay message board you are responsible for maintaining the confidentiality of your account details and email address. It is also your responsibility to keep other personal information confidential such as your name and address. We do not advise that you include any personal information on the message board. You agree that all contributions and conduct will lawful, civil and tasteful and your criticism will be constructive and polite not mean, spiteful, threatening, harmful, disruptive, racially offensive, abusive, derogatory or defamatory.
You agree that you will not do anything which may disrupt the community or annoy other users and you will not submit spam, so called spoilers or irrelevant material or resend the same material time after time. You agree that you will not advertise any company, service, or refer to any specific websites unless allowed under these terms and conditions or with prior consent from us.
Overplay Moderators will oversee the use of the message board. Please contact the moderator at service@overplay.com if you have any queries regarding these terms. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the provision of the material on the message board.
9. Copyright and Other Intellectual Property
All content and all compilation of content included on the Web Site, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital downloads, data compilations, and software, is the our property or our content suppliers and is protected by copyright, database and trade mark right laws in England and internationally.
You may not extract and/or re-utilise parts of the contents of the Web Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Web Site, without our express written consent. You may not create and/or publish your own database that features substantial parts of the Web Site without our express written consent. You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach you of the above warranties.
10. Copyright Infringement and Defamation Claims
It is not possible for us to be aware of the content of all items, products, reviews, comments, files, recordings, compositions listed or displayed or embodied in the Web site. However if you believe that your work has been copied in a way that constitutes copyright infringement, or you believe that any content on, or advertised for sale on, the Web Site contains a defamatory statement, please notify us immediately in writing and we will make all reasonable endeavours to remove the defamatory or infringing content complained about within a reasonable time.
TERMS AND CONDITIONS COVERING THE SUPPLY OF MATERIAL BY YOU
11. How to Submit You Material to Us
Before you send your Material to us you must register and join as a member by completing our registration from. Please ensure that all personal details are correct and valid. Once you have done this you can send us your material.
12. Licence for Use of Material
By submitting material to us which can include but is not limited to compact disc, digital audio file, text, graphics, photographs, artwork, (the "Material") you agree to grant us a perpetual non-exclusive license and all the necessary rights throughout the world for the duration of copyright to reproduce, edit, change, copy, adapt and otherwise make the Material available on the Website.
If you do not want to grant to the rights set out above, please do not submit the Material. We reserve the right not to exercise any of or any part of the above rights in the Material at our sole discretion and without liability.If you are under the age of 18 you agree to get a parent’s or guardian’s consent before submitting any Material.
13. Return of Materials
We regret that Materials sent to us cannot be returned to you.
14. Intellectual Property Rights in the Material
You warrant that the Material and the use of the Material by us will not infringe the copyright or other rights, moral rights, and rights of privacy and confidence of any third party; will not be obscene, blasphemous, defamatory or otherwise illegal or unlawful, or in any way incite racial hatred; do not contain and will not produce any known viruses or harmful code that could damage our computer systems or data; do not include any so called "sampled" extracts from any third party sound recordings or include or utilise any extracts from any third party compositions and/or any literary or other copyright work; are not encoded by Digital Rights Management (DRM); and comply adhere to our website Terms and Conditions and Privacy policy.
You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach you of the above warranties.
15. Liability
We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible.
We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the Material.
No delay or omission on our part in exercising of any of our rights or remedies contained in the Terms shall be construed as a waiver of any of those rights or remedies.
Any person who is not a party to theses terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms.
TERMS AND CONDITIONS COVERING THE PLAY AND RATE COMPETITION
16. How Does the Competition Work?
From time to time we may (but do not undertake to) conduct a pole of the to find the best song among the Gold and Silver members. Gold and Silver members will be entitled to submit one song ("the Recording") which can be heard by all visitors and members on the Website in to one of overplays musical genres. The Recording will be reviewed and rated by us and users of the site and after a period of eight weeks from the commencement of the competition the song with the most votes from each of overplays musical genres and the top 15 songs with the collective highest ratings will be put forward into a final round. We will endeavour to listen to and review all of the final recordings and the choice of the winner and runners up will be made at our discretion together with a panel of music industry experts. We cannot undertake to listen to all Recordings and we reserve the right to reject Recordings for any reason. We reserve the right not to run the competition and /or change the format and rules at our discretion.
TERMS AND CONDITIONS COVERING THE SALE OF ITEMS TO YOU
17. Buying MP3s, CDs and Other Products.
We provide a service which enables you to listen to play the content of the file you may wish to buy. We are not responsible for the quality and length of the songs. Money from any MP3 purchase will be paid direct to us using the payment provider PAYPAL. All MP3 purchases will be stored in your own ‘music fans account’ where you can safely download the file.
When you place an order to purchase an MP3 files from the Website we will send you an e-mail confirming receipt of your order and containing the details of your order and how to collect item(s). Your order represents an offer to us to purchase an item, which is accepted by us when we send e-mail confirmation to you that we've made that product available to you (the "Order Confirmation E-mail"). That acceptance will be complete at the time we send the Order Confirmation E-mail to you.
When placing an order for CDs and/or any other merchandise the Website, you buying directly from the artist. We are not responsible for delivery. We do not accept liability for any errors in the description of goods on the Website.
18. Broken Links or Download Error
If you experience a problem when downloading material or encounter a broken link then please inform us immediately by sending an email giving details of item, date/time. Any incomplete order or permanent download error will be subject to a full refund of any amount paid to us.
19. Electronic Communication
When you visit the Website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.
21. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of England. You agree to submit to the non-exclusive jurisdiction of the English courts.
22. Our Details
Overplay
PO Box 11188
Sutton Coldfield
West Midlands
B76 1WX
England