Terms and Conditions
The content of the pages of this website is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, music, video, editorial copy, the design, layout, look, appearance and graphics. Content reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
The information contained in this website is for general information purposes only. The information is provided by Vibey Subscriptions and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website. Through this website you are able to link to other websites which are not under the control of Vibey Subscriptions. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Vibey Subscriptions takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
You must be at least 13 years of age to agree to and enter into this agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance to this Agreement, you represent that
- You have read, understood and agree to be bound by this Agreement and
- You are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.
Non-commercial Use by Members
The Website is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the the website for any purpose. Illegal and/or unauthorized uses of the website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- your use of the website;
- your use of the Content; or
- your placement or transmission of any of your uploaded content or any other content or materials on or through the website.
You will cooperate as fully and reasonably as required by Vibey Subscriptions in the defence of any claim. Notwithstanding the foregoing, Vibey Subscriptions retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Vibey Subscriptions herein under the terms and provisions of this agreement and in no event shall you settle any such claim without Vibey Subscriptions's prior written approval.
From time to time, the website may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, video, text and other materials to, through or on the website. For example, the website may offer comments, forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. Vibey Subscriptions does not endorse any such content and reserves the right, but is not obligated, to delete, move or edit such content, in whole or in part, for any reason in their sole discretion. Vibey Subscriptions reserves the right to suspend or terminate your access to the website and pursue all legal remedies if we believe your uploaded content infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for your uploaded content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content.
All of your submissions are your sole responsibility. This means that you, and not Vibey Subscriptions, are entirely responsible for all that you upload, post, e-mail, transmit or otherwise make available via the website. Vibey Subscriptions actively discourages you from uploading information or content (including photographs) about your friends or other people without their express prior consent. If you post personal information on publicly available areas of the website, then you may receive unsolicited messages from third parties. Vibey Subscriptions cannot ensure the security of any information you post in publicly available areas of the website. Under no circumstances will Vibey Subscriptions be liable in any way for any of your submissions including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of such submissions.
You warrant and represent that your submission:
- is an original work by you or you have all necessary rights, licenses and permissions in it and to submit it to Vibey Subscriptions under the terms of these Terms and Conditions
- is not defamatory; and
- does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.
When you upload content via the website, you irrevocably grant to Vibey Subscriptions, without any credit or compensation to you, a non-exclusive, worldwide, perpetual, unrestricted, irrevocable, royalty-free and fully transferable, assignable and sub-licensable right and licence to use, reuse, modify, transcode, adapt, alter, display, archive, publish, copy, disclose, transmit, communicate to the public, post, translate, distribute, make and export uploaded content (in whole or in part), for the purpose of displaying on the Website. You hereby waive any moral rights (or any similar rights in any jurisdiction) you may have in and to any of your uploaded content, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Vibey Subscriptions, its parent, subsidiaries, affiliates, and partners are not obligated to use your submissions, and may alternatively choose, in its sole discretion, to discard, refuse to post, limit or block access to your uploaded content without any liability whatsoever.
You acknowledge that the website, through Vibey Subscriptions, undertakes no obligation to pre-screen your submission, but that it has the right, in its sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of your uploaded content. You agree that you must evaluate, and bear all risks associated with, the use of any of your uploaded content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of such content. Since Vibey Subscriptions may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content.
Artist Warranties and Representations
The Artist warrants and represents that the Artist has the right to enter into and fully agree to this terms and conditions; and that the Artist is not under exclusive contract to any other person, or company, that would conflict with the intent and purpose of this agreement.
That the Artist’s submissions, music and materials provided for use (to/by) Vibey Subscriptions, is original, solely owned by the artist, and will not violate or infringe upon the rights of any persons or entities. Moreover, no material provided by the Artist constitutes a “sample”, or "cover" of any recording, composition or intellectual property owned or controlled by a third party.
Artist represents and warrants that Artist is the sole owner of any group name, trademark and trade style used. In the event of any third party claims regarding trademark infringement, artist shall be subject to the indemnity provision set out elsewhere in these terms and conditions.
The Artist warrants and represents that they are based in the UK, and are available to perform to a professional standard at a live music performance on request and in agreement with Vibey Subscriptions. If an Artist is not based in the UK, or is not prepared to perform at a live music event they should not apply for membership with the Website. Vibey Subscriptions have the right, at their sole discretion, to disable the account and / or remove the submitted-content of Artists who are not suitable for live performance in the UK.
As part of its offering to its customers, Vibey Subscriptions will organise regular live music showcases at various locations throughout the UK and beyond. However, Vibey Subscriptions is under no obligation to arrange any such events on any definite timeframe or timetable, and will not be held liable if such events are not held. Vibey Subscriptions has the right to cancel any advertised event at any time, without liability, and will endeavour to provide as much notice as possible via the Website.
In keeping with the intention of the Website, the Artists selected to play the live events will generally reflect their popularity on mostrated.com. However, Vibey Subscriptions will not guarantee that the Most Rated Artists are available to perform, and has the right to change the line-up at any time, without notice, and without reference to the Artist's popularity on the Website. Artists and members alike agree to hold Vibey Subscriptions safe from representation in the selection of Artists and the decision of Vibey Subscriptions is final.
Attendance at our live events is strictly for customers aged over 18, regardless of whether they have created an account on the Website and / or received consent from their legal guardian.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Controlling your personal information
Upon joining our website, you agree that all information you provide to us is accurate and complete. Furthermore, you agree to maintain your information via the Vibey Subscriptions website 'My Account' area, in order to keep it up-to-date and accurate. In particular, you must inform us of changes to your e-mail address and billing details. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 5 Radcliffe Court, Radcliffe Road, Southampton, Hampshire, S014 0PH, UK. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Vibey Subscriptions is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Vibey Subscriptions may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st January 2011.
What we collect
We collect the following information:
- E-mail address
- IP address
What we do with the information we gather
We will use your e-mail to contact you about your account, billing and orders. Optionally, you can elect to receive a regular newsletter containing information about goods and services offered by Vibey Subscriptions. You may elect to not receive this message at any time via the Vibey Subscriptions website. We track your IP address to track accesses to our content streams, and to detect bogus logins to your account.
This website and its content is copyright of Vibey Subscriptions - © Vibey Subscriptions 2013. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may download any music or video content once you have a valid subscription arrangement with Vibey Subscriptions Ltd and keep it for you own personal enjoyment.
- You may transfer this content to any other medium in keeping with these terms and conditions, such as burning to CD or transferring to portable music players for your own personal enjoyment.
- You may not transfer any music or video content to any third party via any medium, nor re-post, broadcast or share such material.
- You may print or download written content to a local hard disk for your personal and non-commercial use only.
- You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- You may not record or download to keep any streamed content available on the website, with or without a valid subscription.