PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE – YOUR ATTENTION IS DRAWN IN PARTICULAR TO SECTIONS 10 AND 11 (DISCLAIMERS AND LIABILITY & INDEMNITY). BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms on which you may use our websites https://www.motiohead.com/ and https://studio.motiohead.com/ (collectively our “Site”). You will be deemed to have accepted and agreed to comply with these Terms and Conditions from you first use of our Site so please read them carefully and ensure that you understand them. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using our Site immediately. Use of our site includes accessing and browsing the Site.
Please note that these Terms and Conditions are applicable to your general use of our Site only. Separate terms and conditions apply to any order you make to purchase our services and those terms may be found here.
We may change these Terms and Conditions from time to time. Every time you wish to use our Site, please check this page to ensure you understand the terms that apply at that time. These Terms and Conditions were most recently updated in June 2021. Any changes will become binding on you upon your first use of our Site after the changes have been implemented.
We make no representation that any services available for purchase on our Site are appropriate for use, or available, in locations beyond the United Kingdom. If you are located outside the UK and accessing our Site from other locations, you are responsible for compliance with local laws if and to the extent that they are applicable.
1. Information About Us
Our Site is owned and operated by Motiohead Ltd, a company incorporated in England and Wales under number 11194437, with VAT number 290039805, and with a registered office at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, UK (“we/us/our”).
2. Access and Changes to our Site
2.1 Access to our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Site.
2.2 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
2.3 We will always aim to ensure that our Site is available at all times. However, we may need to temporarily suspend availability to make certain changes and there will be occasions when our Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
2.4 You have permission for temporary use of our Site, subject to these Terms and Conditions, but we can withdraw or change our Site or services at any time without telling you and without being legally responsible to you.
2.5 You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and Conditions and that they comply with them.
3. Accounts
3.1 Certain parts of our Site (including the ability to purchase our services) may require an account in order to access them.
3.2 When creating an account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up-to-date.
3.3 We recommend that you choose a strong password for your account, and it is your responsibility to keep your username and password safe. If you believe your account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your account.
3.4 You must not use anyone else’s account without the express permission of the user to whom the account belongs.
3.5 Any personal information provided in your account will be collected, used, and held in accordance with your rights and our obligations under the law, as set out in Clause 13.
3.6 If you wish to close your account, you may do so at any time. Closing your account will result in the removal of your information and will remove access to any areas of our Site requiring an account for access.
4. Intellectual Property Rights
4.1 Subject to Clauses 6 and 7, all text, images, graphics, photographs, audio, video, scripts, code, software, databases and any other information and materials that appear on, or form part of, our Site (“Content”) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 You are permitted to print one copy and download extracts of any page on our Site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any Content separately from the text that goes with them. Use of our Site does not give you any rights in any materials on it. Our status (and that of any identified contributors) as the author or publisher of Content on our Site must always be acknowledged.
4.3 Subject to Clause 4.1, you hereby undertake:
a) Not to copy, download or otherwise attempt to acquire any part of our Site;
b) Not to reproduce, distribute, modify, adapt, create derivative works of, publicly display, transmit, broadcast, sell, license, or in any way exploit any Content on our Site, in whole or in part, without our prior written consent;
c) Not to disassemble, decompile or otherwise reverse engineer our Site;
d) Not to allow or facilitate any use of our Site that would constitute a breach of these Terms and Conditions; and
e) Not to embed or otherwise distribute our Site on any website, ftp server or similar.
5. Links to our Site
5.1 You may link to our Site provided that:
a) You do so in a fair and legal manner;
b) You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
c) You do not use any of our logos or trademarks (or any others displayed on our Site) without our express written permission; and
d) You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
5.2 You may not link to our Site from any other website the content of which contains material that:
e) Is sexually explicit;
f) Is obscene, deliberately offensive, hateful or otherwise inflammatory;
g) Promotes violence;
h) Promotes or assists in any form of unlawful activity;
i) Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
j) Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
k) Is calculated or is otherwise likely to deceive another person;
l) Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
m) Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
n) Implies any form of affiliation with us where none exists;
o) Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents and database rights) of any other party; or
p) Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6. Links to Other Content
We may provide links to other content and resources such as websites and apps. Unless expressly stated, this content is not under our control. We neither assume or accept responsibility or liability for such third-party content. The provision of a link by us is for reference only and does not imply any endorsement of the linked content or of those in control of it. We have no control over the contents of those sites or resources. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website.
7. User Content
7.1 You agree that you will be solely responsible for any and all user Content that you create or upload using or via our Site. Specifically, you agree, represent and warrant that you have the right to create or upload the user Content and the right to use all materials of which it is comprised and that it will not infringe the intellectual property rights of any other party, or be in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.2 You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you under Clause 7.1. You will be responsible for any loss or damage suffered by us as a result of such breach.
7.3 Except in respect of any content uploaded by you concerning paid-for projects (in relation to which our Terms of Business will apply), any content you upload to our Site will be considered non-confidential and non-proprietary. You (or your licensors, as appropriate) retain ownership of your user Content and all intellectual property rights subsisting therein. By creating or uploading user Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your user Content for the purposes of operating and promoting our Site and services (including for the purposes of our publication of any of your review on our Site or via our social media channels).
7.4 To the extent reasonably necessary or appropriate to effect or support the licence granted by you under Clause 7.3, you hereby waive and agree to waive (or if not waivable, agree not to assert) any rights of privacy or publicity, or any moral rights or other similar rights, with respect to your Content.
7.5 We have the right to remove any posting you make on our Site if, in our opinion, it does not comply with the acceptable content standards set out above.
7.6 Where our Site includes information and materials uploaded by other users, this information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
8. Acceptable Use
8.1 You may only use our Site in a manner that is lawful and that complies with the provisions of this Clause 8. Specifically:
a) You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
b) You must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
c) You must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
d) You must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way, or to transmit any information containing material prohibited in Clause 5.2.
8.2 We reserve the right to suspend or terminate your access to our Site if you materially breach the provisions of this Clause 8 or any of the other provisions of these terms and conditions. Specifically, we may take one or more of the following actions:
a) Suspend, whether temporarily or permanently, your right to access our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you as appropriate;
e) Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
f) Any other actions which we deem reasonably appropriate (and lawful).
8.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that we may take in response to breaches of these Terms and Conditions.
9. Advertising
9.1 We may feature advertising within our Site and we reserve the right to display advertising on the same page as any user Content.
9.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
9.3 Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in our Site including, but not limited to, any errors, inaccuracies, or omissions therein.
10. Disclaimers
10.1 We make reasonable efforts to ensure that the content contained within our Site is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) in this respect. No part of our Site or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. We do not guarantee that any part of our Site is suitable for use in commercial situations or that it provides accurate information or advice on which business decisions can be based. It is your responsibility to take precautions and use common sense when using our Site. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
10.2 We make no representation, warranty, or guarantee that our Site will meet your requirements, that it will be fit for a particular purpose, that any specific results may be obtained from use of our Site, that our Site will meet your requirements or expectations, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
11. Liability and Indemnity
11.1 If you are a consumer user then if, as a result of our failure to exercise reasonable care and skill, any digital content from our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
11.2 If you are a business user, to the fullest extent permissible by law, we accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included in our Site. We accept no liability for loss of profits, sales, business or revenue; economic loss; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any special, indirect or consequential loss or damage, even if it could have been foreseen.
11.3 To the fullest extent permissible by law, we accept no liability to consumers or businesses for loss or damage that is not foreseeable.
11.4 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included in our Site.
11.5 We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. To the fullest extent permitted by law, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other website or service that we may provide a link to.
11.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.7 Nothing in these Terms and Conditions excludes or restricts our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
11.8 The limitations of liability included in this Clause 11 apply only to the use of our Site and not to the sale of paid services, which is governed separately by our Terms of Business.
11.9 You shall defend, indemnify and hold us (and our affiliates, officers, agents, employees, partners and licensors) harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of our Site or any breach of these Terms and Conditions.
12. Viruses, Malware and Security
12.1 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
12.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.
12.3 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.
12.4 You must not attach our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.5 By breaching the provisions of Clauses 12.2 to 12.4 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach and, where applicable, your account will be suspended and/or deleted.
13. Privacy and Cookies
All personal information that we may use will be collected, processed, and held in accordance with your and our rights and obligations under applicable data protection and cookie laws. For complete details of our use of cookies and our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice and Cookie Policy. By using our Site, you agree to us handling this information and confirm that data you provide is accurate.
14. Other Important Terms
14.1 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions, which shall remain valid and enforceable.
14.2 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
14.3 We may assign these Terms and Conditions or any of our rights without your consent. You may not do this without our prior written consent.
14.4 These terms do not confer any third-party beneficiary rights.
15. Changes to these Terms and Conditions
15.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
15.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
16. Contacting Us and Communications from Us
16.1 To contact us, please use the following contact details: +44 203882 4109, hello@motiohead.com or 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.
16.2 If you subscribe to any of our alerts, newsletters or similar, we may send you and you agree to receive email notifications relating to such alerts and newsletters (and you may opt-out of such notifications at any time). All personal information you submit will be collected, used, and held in accordance with your rights and our obligations under the law, as set out in Clause 13.
16.3 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take a reasonable period of time for your new preferences to take effect.
17. Law and Jurisdiction
17.1 These Terms and Conditions and your use of our Site (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17.3 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 17.2 takes away or reduces your rights as a consumer to rely on those provisions.