I. Product Terms (the "Terms")

1. Please read these terms and conditions (the "Terms") carefully as they affect your rights and liabilities under the law and set out the terms under which Soundsurf.co.uk Ltd makes the use of Soundsurf.co.uk (the "website"), the download and upload service (the "Service") available to you.

2. The Upload Service
You can upload your digital music files ("Uploads") to the website using the upload facility. To do so you have to create an account and agree to these Terms. You agree that your Uploads will be placed for sale to users of the website for a set fee. The price for the download can be altered by Soundsurf.co.uk Ltd without having to consult you and without needing your permission. 80% of the proceeds of each sale go to you. Soundsurf.co.uk Ltd will regularly send out payments to you, using bank transfer to your bank account (only within the UK) or PayPal or cheque payments. Account statements will be sent via email. You can at anytime withdraw your Uploads from the website.

3. Copyright
By uploading your files you certify that you are the Copyright owner of the Uploads or that the copyright owner's royalties are covered by The Music Alliance (The MCPS-PRS Alliance). Soundsurf has a Limited Online Exploitation License and can therefore allow cover versions to be used. The copyright of the Uploads stays with you or the relevant copyright owner. The website provides you only with a sales channel. You are responsible for keeping other people's copyright. You agree to indemnify Soundsurf.co.uk Ltd from any copyright claim against you made by a third party. Soundsurf.co.uk Ltd has the right to delete or suspend any Upload without having to give reasons or without having to pay damages, eg. for loss of earnings.

4. Data Storage
Your files will be saved on our webspace. We are not responsible for any accidental or negligent loss of data or data loss caused by any other reason. We strongly recommend that you keep a back up of all Uploads. No damages will be paid for loss of earnings in case of data loss. The responsibility for the safety of your original data is with you.

5. Radio
You agree that your Uploads can be used free of charge to be played on our online Soundsurf.co.uk - radio, which plays songs randomly from the database of all files.

6. The Download Service
Digital music files (the "Downloads") will be made available for you to download once your payment has been authorised. There will be no contract of any kind between you and us unless and until you make payment for the Downloads. At any point up until then, we may decline to supply the Downloads to you without giving any reason. Please note that you are responsible for downloading the files and providing equipment to do so. You are also responsible for providing equipment and software to use the Downloads and should confirm this by using the sample file first.

7. Usage
The music files which are offered for download are protected by national and international copyright law. The download of music files is permitted for your personal, non-commercial purposes only.

Except for your personal use, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Downloads are prohibited and will constitute a copyright infringement.

You understand that the Downloads may include security technology which ensures that they may only be used in accordance with these principles. You agree not to attempt to, or assist any other person to, circumvent any of any security technology. You agree that any information gathered from this security technology which shows an infringement of the Terms and Conditions this information may be disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.

8. Cancellation and Defective Downloads
Once you have paid for the Downloads, we make the Downloads available to you through the Service. You are not able to cancel any purchase of Downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact our helpdesk by using our contact details and, where this is due to our default, we will replace or refund the Download.

9. Material in the Downloads
You understand that some Downloads may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make such content clear where the suppliers of the track provide us with this information, you agree that we shall have no liability to you for content within the Downloads that may be found to be offensive or otherwise objectionable.

10. Payment
The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before the item concerned is downloaded.

You can pay by any Mastercard or Visa credit card. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will be charged for items at this time.

11. Liability
Our liability to you in connection with any Download will not exceed the total price charged for the relevant Downloads. The liability to you with regards to Uploads will not exceed 80% of the value of the sale.

12. General.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

We reserve the right to modify, suspend or discontinue this Service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. You acknowledge that you may no longer be able to replace the Downloads if we discontinue the Service and you agree that we shall have no liability to you in that event. Where commercially practicable, we will try to give you reasonable notice of any discontinuation of the Service.

Except as expressly set out in these Terms, all use of your personal information will be made in accordance with our Privacy Policy.

13. Customer Services

The best way to get in touch is by email: hello@soundsurf.co.uk

You can also call us and leave a message on 0121 - 288 3133 Soundsurf.co.uk Ltd
Registered in England & Wales, Nr. 5726695

Registered office:
46 Peel Street
Hull HU3 1QR
UK

II. General Terms & Conditions (the "General Terms")

1.1 This site is provided free of charge. In accessing this website ("the Site") either directly or via a hyperlink you agree to be bound by the terms and conditions that appear below.

1.2 The content of this site is controlled by Soundsurf.co.uk Ltd on its own behalf. In the following terms and conditions "We" "Our" and "Us" refer to Soundsurf.co.uk Ltd.

1.3. Soundsurf.co.uk Ltd is a limited company registered in England and Wales, registration Number 5726695. Its registered address is 46 Peel Street, Hull HU3 1QR, United Kingdom.

1.4. These terms and conditions are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts.

1.5 This site is not intended for distribution to, or use by, any person in a country where such distribution or use would be contrary to local laws or regulations or would create obligations on Us which exceed those imposed by English law.

1.6 Nothing in these term and conditions affects your statutory rights under English law.

1.7. This Site is provided to you for information purposes only. You may make copies of the Site or parts of it for information purposes only. You may not publish or distribute copies of the Site or parts of it without Our written permission.

1.8 We have the absolute right to modify any or all of the content of this Site without notice. Although we endeavour to keep the Site accurate and up to date, We make no guarantee that the information published in this site is accurate or up to date.

1.9 If you place reliance on the accuracy of the information available on this Site, then We will accept no liability in relation to such reliance.

1.10. No modification of these terms and conditions will be effective unless We have expressly approved of the modification.

1.11. If any of these terms and conditions is held to be invalid for any reason, such invalidity will not affect the rest of these terms and conditions which will remain valid and enforceable in all respects.

2. Copyright Trademarks and Intellectual Property

2.1. For the avoidance of doubt, the copyright, trade marks, domain names and other intellectual property rights in all material and information ("the Content") on the Site belongs to Us or (if it has been licensed to Us) to the licensor. We do not claim copyright of the Uploads. The copyright of the Uploads belongs to the rightful owner (e.g. the musician who has created the song). All rights are reserved.

2.2. The copyright in this site is owned or licensed to Us. The Content may not be copied or otherwise incorporated into or stored on any other website, electronic retrieval system or in any other publicly available form without Our prior written permission.

2.3. Any copying or adaptation of the Content of this Site for any purpose other than that for which you have been granted access and without Our prior written consent will constitute a copyright and/or Trademark infringement.

2.4. If you download or print copies of the Content you must retain any copyright or other intellectual property notices contained in the original.

3. Disclaimers and Limitations of Liability

3.1 Any disclaimers and limitations of liability apply to the fullest extent permitted by law.

3.2. This Site is provided to you on an "as is" and "as available" basis. We cannot warrant that the use of this Site will be uninterrupted or error free or that it will be continuously available. If you place reliance on the availability or Content of this site then this is at your sole risk. We accept no liability for any loss, howsoever caused, arising from such reliance.

3.3 By accessing this site you agree that We will not be liable to you or to any third party for any errors or delays in accessing or using this Site or for any actions taken in reliance on it.

3.4 You also agree that we will not be liable for any direct, indirect or consequential loss arising from access or use of this Site or from your use of other material available through links from this site. For the avoidance of doubt, where you use this Site for business purposes We will not be liable for any loss of business, profits, goodwill and/or any other economic loss.

3.5 Hypertext links within this Site may cause you to leave Our Site and access other websites not under Our control. We do not monitor the content of third party websites and any links provided on the Site are for your convenience only. We make no representation or warranty as to the content of such third party websites. We exclude all liability for any third party material made available on the Site or contained on any third party website that it links to. Any contract concluded with a third party company will be between you and that company only and will be subject to their terms and conditions. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites.

3.6 Our aggregate liability for any loss or damage incurred as a result of the use of this Site and/or of our services shall not exceed a total of £1000. Our prices have been calculated on the basis that the limitation of liability to £1000 is effective. Should you require a higher amount of liability then please get in touch and we will quote a reasonable price. If you accept our Terms & Conditions you agree that our limit of liability is reasonable.

4. Security and Privacy

4.1 The information you enter when registering for services with this site is being stored by Us. We also store download and upload numbers and payment data to enable Us to process payments and produce account statements and create statistics. The data will only be disclosed to a third party if this is necessary for the functionality of the site, e.g. payment data has to be transmitted to the payment provider.

4.2 If you provide personal or other information to Us via email or other means, then We will treat such information in a manner which complies with the requirements of the Data Protection Act.

4.3 We will not disclose your personal details to other organisations without your permission. The data will only be disclosed to a third party if this is necessary for the functionality of the site, e.g. payment data has to be transmitted to the payment provider and by agreeing to the Terms & Conditions you agree to this.

4.4 If you do contact Us by email, you should be aware that email is not a secure medium and can be intercepted in transit.

4.5 If you contact Us via email, telephone, fax or mail then you are giving Us permission to contact you by that means or by any other means which you have made available to Us.