WEBSITE VISITOR AGREEMENT – Circular Sound Recordings.
Version 1 – 30 March 2011


ANY PERSON OR ENTITY ("User") VISITING, USING OR OTHERWISE ACCESSING THE SITE AT www.circularsoundrecordings.com (the “Site”) OR ANY OF THE INFORMATION CONTAINED IN THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT ("Agreement"):

  • 1. CSR. This Site, together with all content, data and other materials contained in the Site (“Content”) is owned or controlled by Circular Sounds Recordings, part of Fluid 2 Music. Circular Sounds Recordings is referred to in this Visitor Agreement as "we", "us", "our" or “CSR”.

  • 2. Use of the Site. This Site is intended only for the purposes specified on the Site. Use of the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law and are not intended as specific commercial or legal advice. Specifically, CSR does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements.

  • 3. Registration. You must be register with the Site before you download or stream any music. To register with the Site, you must agree to the terms of the Registered User Agreement, agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User.

  • 4. Downloading Music from CSR. All music obtained from or through CSR is for personal use only and must not be shared with any third party or uploaded to any file sharing site or offered for resale or public transmission. Music obtained from CSR may be used on personal media devices and may be burned to CD for personal use. Automated or other electronically-assisted downloading software (other than as provided by CSR) may not be used in conjunction with the Site in any way and use of any such software is expressly prohibited. The selection of music tracks available from CSR is subject to change at any time. CSR gives no warranty or guarantee that any particular track(s) will be available at any given time (or at all).

  • 5. Featured Links. The Site may display or refer to links to other websites from time to time. CSR: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.

  • 6. Links to CSR. Any other website may link to our Site, provided it links only to the homepage, does not imply any endorsement of its products or services by CSR, does not misrepresent its relationship with or present false information about CSR, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that CSR reserves the right to withdraw such permission at any time and to take any other appropriate action.

  • 7. Ownership of Content. CSR, unless otherwise stated, owns or controls all relevant rights in the Site and the Contents. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by UK or local law.

  • 8. Hacking. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by CSR. CSR will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud CSR or any other parties through User's use of the Site or services provided via the Site. CSR reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

  • 9. Complaints. If you believe that you are the owner of the copyright or other rights in any material(s) appearing on CSR, and/or that ownership of the copyright or other rights in any material has been incorrectly used or represented on CSR, please contact us via email or by post at the address written above.

  • 10. Trade Marks. The brands, products and service names used in this Site (including without limitation, "Circular Sound Recordings” and “Fluid 2”) are the trade marks or trade names of CSR or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of CSR.

  • 11. Posting Content and Personal Data. If you provide any information or post any content to the Site, you agree to provide only true, accurate and complete information and/or content for which you control the relevant rights to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. You further agree that if you submit any material to us other than Personal Data, you agree to grant to us a perpetual, royalty-free, worldwide, non-exclusive licence to use your contribution in all media, and you warrant that all such materials are original, that you have the right to grant such licence and you agree to waive your moral rights for the purposes of such licence. If you do not want to grant these rights, please do not submit your contribution to the Site.

  • 12. Limitation of Liability. User agrees that the liability of CSR to User under this Agreement shall be limited to the amount User has actually paid to CSR for its services. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of CSR.

  • 13. Indemnity. User agrees to indemnify CSR for any loss or damage that may be incurred by CSR, including without limitation legal fees, arising from User's use of the Site or User's use of any information obtained through the Site.

  • 14. Severability. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

  • 15. Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

  • 16. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.