"Pepper" means the Pepper music service operated by or on behalf of D.A.M. Good Media Limited ("we" or "us").These are our client terms and conditions ("T&Cs").
You may access Pepper in various ways, including but not limited to our software applications for iPhone, Windows Phone, BlackBerry and Android (all subject to availability). By accessing Pepper in any form on any device, you agree to be bound by these T&Cs.
1. Registering with Pepper
1.1 You may access registration areas of Pepper by creating an account with us and becoming a registered member.
1.2 By registering with Pepper, you agree that:
(a) your account and password are personal to you and may not be used by anyone else to access Pepper. You agree to be responsible for maintaining the confidentiality of your password or other account identifiers which you choose and for any and all activities that occur under or in connection with your account;
(b) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of Pepper;
(c) you will not create additional registration accounts for the purpose of abusing the functionality of Pepper;
(d) you will not pass yourself off as another user.
(e) you are not under the age of 13 years.
1.3 You agree to notify us immediately if you become aware any data security breach, including any unauthorised use of your password or account identifiers by others.
2.1 Your continued use of Pepper indicates your continued acceptance of these T&Cs.
2.2 Your use of Pepper is for your own personal, non-commercial use only.
2.3 You acknowledge that, as between us and you, except for user content, other third party content and advertisements (see below), we are the sole owner of all content on Pepper, including, without limitation all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on Pepper ("Pepper Content").
2.4 Pepper and the Pepper Content are protected by copyright laws and other intellectual property laws in England and Wales and are protected globally by applicable international copyright treaties.
2.5 You may not use any Pepper Content for any other purpose without our prior written approval and you are not allowed to copy or create a database in electronic or paper form comprising all or part of the material appearing on Pepper.
3. Ceasing use
3.1 If you no longer wish to have a registered account, you many terminate your account by de-registering via Pepper or by sending an email to firstname.lastname@example.org
3.2 If you no longer accept these T&Cs, or any future modification to these T&Cs, you must immediately cease using Pepper and close your account.
3.3 If, for any reason, we believe that you have not complied with these T&Cs, we may, at our sole discretion, immediately and without notice cancel your access to Pepper and may, at our sole discretion, email you stating this.
4.1 To the extent permitted by law, we do not accept any liability or responsibility whatsoever for Pepper or the Pepper Content.
4.2 We give no warranties of any kind concerning Pepper. In particular, we do not warrant that Pepper or any of its contents are virus free. You must take your own precautions in this respect.
4.3 We will not be liable for any loss caused as a result of you doing, or not doing, anything as a result of publishing or anyone viewing, reading or listening to the Pepper Content or any part of it.
4.4 You can access other third party services via links from Pepper. These services are not under our control and we are not responsible in any way for any of their contents.
4.5 Although we will try to provide constant, uninterrupted access to Pepper, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
5. Advertising on Pepper
5.1 You may see advertising material submitted by third parties on Pepper.
5.2 Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
6. User content on Pepper
6.1 Users of Pepper may be permitted to submit content for publication and distribution in various ways.
6.2 When you submit content to us, you agree and represent that you have created it, or you have received permission from, or are otherwise authorised by, the owner of any part of the content to submit it to Pepper.
6.3 You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish or transmit, or to authorise third-parties to use, publish or transmit your content in any format and on any platform, either now known or hereinafter invented.
6.4 You acknowledge and agree that:
(a) we have no obligation to pre-screen, monitor, review, or edit any Ad Material posted or otherwise made available by you or anyone else on or via Pepper;
(b) the views expressed by you or others do not necessarily reflect our views, and we do not support or endorse any user content; and
(c) when you post or make available content on Pepper or view content provided or made available by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of this content.
6.5 We, or our authorised third parties, reserve the right to refuse to publish, to cut, to crop or in any way edit your content at our or their sole discretion. We may remove your content from use at any time.
6.6 We accept no liability in respect of any content submitted by users or by authorised third-parties and published on or via Pepper.
6.7 You warrant, represent and undertake that the content you submit to us:
(a) does not infringe any intellectual property right or proprietary or privacy right of any party or individual, including without limitation any patent, trademark, trade secret or copyright; and
(b) is not defamatory of any person or otherwise illegal, fraudulent, obscene, threatening, harassing, deceptive, dishonest, invasive of another's privacy or otherwise offensive.
6.8 You agree not to:
(a) use Pepper for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services;
(b) post content which is deliberately intended to upset or harm other users;
(c) use Pepper to post or otherwise transmit content that does or ought reasonably be expected to victimise, harass, degrade, or intimidate an individual or group of individuals on the basis of any impermissible classification, including, without limitation, disability, race, colour, creed, ethnicity, religion, national origin, citizenship, gender, age, marital status or sexual orientation;
(d) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of Pepper or any computer software or hardware or telecommunications equipment; or
(e) post or otherwise transmit any content, or take any other actions with respect to your use of Pepper, that would constitute, or would otherwise encourage unlawful or reckless behaviour, criminal conduct or give rise to civil or criminal liability.
6.9 You understand that processing and transmission via Pepper may involve transmissions over various networks and associated changes or adaptations to conform and adapt to technical requirements of connecting networks, systems or devices. We shall take no responsibility for the deletion or failure to store content or other information submitted by you or other users to Pepper.
7. Data protection
for details of how personally identifiable information is collected and may be processed or shared with others.
7.2 Each Ad Package may be applied by you from time to time as specified in your Pepper control panel, using the functionality contained in your Pepper control panel.
7.3 You agree to comply with any and all law and regulation in respect of data protection and to assist us in our compliance with the same.
8. Changes to these T&Cs
8.1 We may change these T&Cs from time to time at our sole discretion, without notice, and we reserve the right to do without your consent.
8.2 Any revised T&Cs will be applicable at the time of posting on Pepper.
8.3 Accordingly, please ensure that you review these T&Cs on a regular basis as you will be deemed to have accepted a variation if you continue to use Pepper after the variation has been made available by us.
10. No waiver
10.1 Our non-insistence upon or enforcement of any provision of these T&Cs shall not be construed as a waiver of any provision or right of ours.
11. Law and jurisdiction
11.1 This agreement is governed by the laws of England and Wales and you and we agree irrevocably to submit to the exclusive jurisdiction of the English courts.