YOUR USE OF OUR SERVICES AND CONTENT ON OUR SERVICES
12.1 Intellectual Property in our Website, App and Content - The Website and the App and their look and feel (including without limitation the design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. Excluding the digital items made available for purchase none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of HMV. You may use the digital items in accordance with the remainder of these Terms.
12.2 Digital Rights Management - You understand that some of the digital items on our Services include a security framework using technology that protects digital information. You agree to limit your usage of the content to certain usage rules established by us and our licensors (“Content Usage Rules”). You agree to comply fully with such Content Usage Rules set out at section 12.3 below and such additional content usage rules as indicated on our Services or otherwise notified to you (whether in respect of a particular digital item or otherwise).
12.3 Content Usage Rules
12.3.1 You are authorised to use the digital items only for personal, non-commercial use, and you are not permitted to redistribute, sell, rent, lend, transfer, assign, transmit, broadcast, adapt, edit, commercially exploit or sub-licence digital items made available through our Services;
12.3.2 You will not use the Services for any purpose that is unlawful or prohibited by these Terms;
12.3.3 You agree not to use any information, digital item or material in any manner that infringes any copyright, trade mark, patent or other proprietary right of any party;
12.3.4 You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with or modify any security technology or software that is part of the Services or used to administer any Content Usage Rules, or interfere with, remove or alter any rights management information on the digital item;
12.3.5 You acknowledge that digital items in the MP3 or AAC format do not contain security technology that limits your usage of such and you agree to use them only as reasonably necessary for personal, non-commercial use;
12.3.6 Notwithstanding section 12.3.5, you are only authorised to use the digital items on up to five authorised devices at any time. We reserve the right to limit the number of authorised devices further and the number of authorised downloads to comply with the wishes of our licensors. These limits will be notified to you on our Services at the relevant point;
12.3.7 You may not use digital items as a musical “ringer” in connection with mobile phone calls;
12.3.8 You agree the delivery of digital items does not transfer to you any commercial or promotional use rights in them.
12.4 Reservation of Rights - Nothing in these Terms grants to you any rights in any digital item other than those expressly set out herein.
12.5 Uploaded/posted material – There may be areas on the Services where you can upload material or post comments. We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you grant us a world-wide, royalty free, perpetual, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such material.
12.6 You agree not to:
12.6.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
12.6.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
12.6.3 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;
12.6.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
12.6.5 use any information or material in any manner that infringes any copyright, trade mark, patent or other intellectual property or proprietary right of any party;
12.6.6 make available or upload files/materials that contain a virus, worm, trojan or corrupt data that may damage the operation of the website, Services, computer or property of another;
12.6.7 collect or store personal information about others, including email addresses;
12.6.8 advertise or offer to buy or sell goods or services for any commercial purpose;
12.6.9 impersonate any person or entity for the purpose of misleading others;
12.6.10 violate any applicable laws or regulations;
12.6.11 use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services;
12.6.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or that is under contractual or fiduciary relationships (such as insider information or confidential information disclosed in the course of employment or under a confidentiality agreement);
12.6.13 attempt to gain unauthorised access to any of the Services, other customer accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.
12.7 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials uploaded/posted by you or other users of our Services (“User Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such User Content originated. We do not control or endorse the User Content and cannot guarantee the accuracy, integrity or quality of such User Content and you acknowledge that by using the Services you may be exposed to User Content that is offensive and/or indecent. We will not be liable in any way for any User Content or for any loss or damage of any kind resulting from the use of any User Content transmitted via the Services and you agree to bear all risks associated with the use of any User Content, including any reliance on the accuracy or completeness of such User Content.
12.8 Monitoring - We have no obligation to monitor the Services but shall be entitled to review materials posted to or via the website and, at our sole discretion, to remove any material that breaches these terms or is otherwise objectionable.