1. Introduction
1.1 These terms and conditions shall govern your use of our website and software.
1.2 By using our website and/or software, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or software.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
2. Copyright notice
2.1 Copyright (c)2022 Recordmy LLC.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website, software and the material on our website and software; and
(b) all the copyright and other intellectual property rights in our website and software and the material on our website and software are reserved.
3. Permission to use website and software
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) use our website services and software by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website or software (including republication on another website or software application);
(b) sell, rent or sub-license material from our website or software;
(c) show any material from our website in public;
(d) exploit material from our website or software for a commercial purpose;
or
(e) redistribute material from our website or software.
3.6 We reserve the right to suspend or restrict access to our website or software, to areas of our website or software and/or to functionality upon our website or software. We may, for example, suspend access to the website or software during server maintenance or when we update the website or software. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. Misuse of website
4.1 You must not:
(a) use our website and software in any way or take any action that causes, or may cause, damage to the website and software or impairment of the performance, availability, accessibility, integrity or security of the website and software;
(b) use our website and software in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website and software;
(d) probe, scan or test the vulnerability of our website and/or software without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website and/or software;
(f) use our website and/or software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website and/or software resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website and/or software without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website and/or software without our express written consent;
(j) access or otherwise interact with our website and/or software using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website and/or software except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website and/or software;
(m) use data collected from our website and/or software for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website and/or software.
4.2 You must not use data collected from our website and/or software to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website and/or software, or in relation to our website and/or software, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 You may register for an account with our website and/or software by completing and submitting the account registration form on our website and/or software, and clicking on the verification link in the email that the website and/or software will send to you or be added by your employer.
5.2 You must not allow any other person to use your account to access the website and/or software.
5.3 You must notify us and/or your employer in writing immediately if you become aware of any unauthorised use of your account.
5.4 You must not use any other person’s account to access the website and/or software.
6. User login details
6.1 If you register for an account with our website and/or software, you will be asked to enter your email address and choose a password.
6.2 You must keep your password confidential.
6.3 You must notify us and your employer in writing immediately if you become aware of any disclosure of your password.
6.4 You are responsible for any activity on our website and/or software arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion with or without notice to you.
7.2 We will usually cancel an account if payment for the software and/or services remain outstanding for a period of more than 30 days.
7.3 You may cancel your account at anytime by contacting us in writing providing 30 days notice.
8. Rules about your content
8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) be in contempt of any court or in breach of any court order;
(f) be in breach of official secrets legislation;
(g) constitute spam;
9. Limited warranties
9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website and/or software;
(b) that the material on the website and/or software is up to date;
(c) that the website and/or software will operate without fault; or
(d) that the website and/or software or any service on the website and/or software will remain available.
9.2 We reserve the right to discontinue or alter any or all of our website and/or software services, and to stop publishing our website and/or software, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website and/or software services, or if we stop publishing the website and/or software.
9.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and/or software and the use of our website and/or software.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website and/or software or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. Breaches of these terms and conditions
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website and/or software;
(c) permanently prohibit you from accessing our website and/or software;
(d) block computers using your IP address from accessing our website and/or software;
(e) contact any or all of your internet service providers and request that they block your access to our website and/or software;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website and/or software.
11.2 Where we suspend or prohibit or block your access to our website and/or software or a part of our website and/or software, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
12. Variation
12.1 We may revise these terms and conditions from time to time.
12.2 The revised terms and conditions shall apply to the use of our website and/or software from the date of publication of the revised terms and conditions on the website and/or software, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
13. Severability
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 10.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and/or software and shall supersede all previous agreements between you and us in relation to your use of our website and/or software.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with the laws of the State of Delaware, USA.
16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Delaware, USA.
17. Our details
17.1 This website and/or software is licensed for use by RecordMy, a trading name of Fuchsia Industries Ltd.
17.2 We are registered in under registration number 14254093, and our registered office is at 20-22 Wenlock Road, London, N1 7GU.
17.3 You can contact us:
(a) by post, to the postal address given above;
(b) using our website and/or software contact form;
(c) by telephone, on the contact number published on our website and/or software; or
(d) by email, using the email address published on our website and/or software.