peoplesmusicstore.com – terms of use

Introduction

These terms and conditions (“Terms”) apply to all and any use of the web site available at peoplesmusicstore.com and its competitions, content and services including without limitation the online music download service (“the Service”) based on People Store’s proprietary platform and all content contained therein including without limitation any sound recordings, musical works, literary works or artistic works or other content licensed to People Store (“Content”) and the Communications service as defined below (“the Web Site”) and any material or Content submitted, posted or otherwise placed on the Web Site, together with all and any material, comments, messages and other communications made to, from or using the Web Site, any part of it or any related service (“Communications”).

• By using the Web Site you are telling People Store that you understand, accept and are able to accept these Terms and agree to be bound by these Terms. If you do not accept or understand these Terms you should not use the Web Site or any part of it including without limitation by downloading or using any Content or making Communications.
• If you are under the age of 18 and do not understand these Terms please ask a parent or guardian to explain their meaning to you.
• People Store may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from www.peoplesmusicstore.com/terms.

Use of the Web Site

• People Store grants you a non-exclusive, limited licence to use the Web Site solely for your private, non-commercial, personal use only.  You may not transfer, sub‑license or deal in this right without People Store's prior written permission. These Terms and the rights granted by People Store do not give you any title or ownership in the Web Site or any Content and should not be construed as a sale or transfer of any copyright or other right.
• The Service allows users to search for Content held on the Web Site and, subject to payment of the appropriate charges, purchase and download such Content. Any music downloaded from the Web Site will be supplied by People Store as a sound recording in digital formats (including Mp3, Wavs and other formats from time to time) (“Music”).
• In order to use certain features of the Web Site including without limitation purchasing and downloading Content, you will be required to set up an account (“Account”) and provide People Store with current and accurate information about yourself which shall include without limitation a username and password to be set up based on your information (“Information”).
• You may upgrade your Account from a “user” account to “Store Keeper” status.  A Store Keeper can create a store, stock it with Content and sell such Content from his Store in exchange for Points (as hereafter defined) which may be redeemed for Content or other items through the Web Site.
• By using the Web Site you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content, Communications, email and web usage.

Intellectual Property Rights

• Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights (“Intellectual Property Rights”) in the Web Site, its design and software, belong to and vest in People Store or are licensed to People Store.
• All Intellectual Property Rights of People Store are hereby asserted and reserved.
• All third party trade names and trade marks are the property of their respective owners and People Store makes no warranty or representation in relation thereto. More specifically, People Store does not claim or assert any right title or interest in any third party Communications or in any information or Content contained on the Web Site that has been supplied to People Store for sale through the Web Site by a third party contracted partner (“Content Supplier”).
• All Content and all Intellectual Property Rights and other rights therein are the property of their respective owners and People Store does not have and does not represent any connection or association with any Content Supplier.
• All material uploaded, submitted, posted or otherwise placed on the Web Site by users shall be subject to these Terms.
• No Intellectual Property Rights in any Content shall pass to you or any user by virtue of accessing or downloading such Content from or through the Web Site.

Restrictions and Obligations

• You agree not to:
  • hack, attempt to hack, modify, adapt, merge, translate, disassemble, decompile or reverse engineer or create derivative works out of the Web Site or any information contained in it, including in any Content, to the fullest extent permitted by applicable law;
  • remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Web Site;
  • make the Web Site or any Content available to any third party save as where done so in accordance with our fair use policy, as may be amended from time to time;
  • create software which mimics data or functionality in the Web Site;
  • use or deal in the Web Site except as permitted by these Terms;
  • include contact details intended to facilitate communication outside of the Web Site in any Communication;
  • use your access to the Web Site, or information gathered from it, for the sending of unsolicited bulk email or spam.
  • make any public or commercial use of the Web Site without People Store’s prior written consent;
  • provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Web Site without People Store’s prior written consent;
  • display, publish, copy, print, post or otherwise use the Web Site and any information contained therein for the benefit of any third party or web site without People Store’s prior written consent;
  • use the Web Site and/or any Communications for any illegal or immoral purpose nor process or use the information contained on or within the Web Site unfairly for such purposes;
  • use the Web Site and any Communications for any commercial or business purpose nor process or use the information contained on or within the Web Site for such purposes;
  • delete or obscure any copyright or other proprietary notice.
  • Your use of the Content shall be only for personal, non-commercial use and you shall not do anything that would infringe the Intellectual Property Rights in the Content including redistributing, transferring, copying or amending the Content or any part thereof, save as to the extent permitted to you by law. 

Web Site

• Third party web sites and online services to which the Web Site links (“External Sites”) have not been verified or reviewed by People Store.
• All use and access of External Sites is made at your own risk.
• Any username and password issued to you is personal to you, so that you can use and access the Web Site and must not be disclosed to any third party without People Store’s prior written consent.
• All Communications sent by People Store and attachments thereto are intended only for the addressee and/or others authorised to receive them.

 Store Keeper Upgrades

• You can upgrade your Account to create on the Web Site your own personalised music download store (“Store”) and become a “Store Keeper” by selecting and customising a template provided by on the Web Site.
• You may include Content for sale through your Store and for this purpose select from the Web Site a limited number of Titles (where a “Title” shall mean either a single sound recording or a selection of grouped sound recordings together with associated artwork, as decided by the applicable Content Supplier) for other users to purchase and download from your Store. 
• For each sale of a Title made through your Store you shall be entitled to ten percent (10%) of the UK purchase price which will be converted by People Store into points (“Points”) and held on your Account to be redeemed against purchases made by you of Content and other items through the Web Site.
• Such Points will be valid for a period of one year and will thereafter expire.
• Points may not be redeemed for cash but have a cash value of 0.001pence.
• Store Keepers shall on their Store be able to review and comment on the Titles made available in their Store in accordance with the restrictions as set out below.
• People Store reserves the right to rename and reallocate a Store and accompanying URL at our reasonable discretion and on notice to you.

Forum and Communications

• The Web Site is an entertainment and information service and ancillary to this People Store is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content, for which it is a mere conduit.
• The views expressed in Communications are the views of the individual authors and not those of People Store unless otherwise specified by People Store.
• People Store is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
• By using the Web Site you acknowledge that People Store has no responsibility to review the content of any Communications and that all Communications are made available on the basis that People Store is not required to and does not exercise any control or judgement of their content.
• Notwithstanding the foregoing People Store shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
• You agree that People Store may use, publish, edit, modify and adapt your Communications for any and all purposes relating to the Web Site and the business of People Store and you hereby grant it an unrestricted non-exclusive licence to do so and waive all so called moral rights in your Communications, if any.
• You agree and undertake that you will not make any Communication or post to or transmit to the Web Site any statement or material that:
  • is unlawful or which does or has the potential to give rise to any civil or criminal liability;
  • promotes any illegal or unlawful activity;
  • infringes any copyright or other Intellectual Property Right of any third party or assists infringement or piracy;
  • includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
  • is abusive, pornographic, defamatory, discriminatory or obscene;
  • harasses any person;
  • markets or promotes any third party;
  • seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
  • contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
  • solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.

It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. People Store has no way of telling if statements made by other users are true.  This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using the Web Site and its services you accept that this is the case and accept that you therefore use the Web Site at your own risk. Please take particular care in relation to the disclosure of your own personal information such as your surname, address, email address, telephone number and places you go.

Liability

• People Store provides and maintains the Web Site for personal entertainment and personal purchasing of Content, on an “as is” basis and is liable only to provide its services with reasonable skill and care.
• People Store gives no other warranty in connection with the Web Site and to the maximum extent permitted by law, People Store excludes liability for:
  • any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which People Store has been made aware of;
  • the accuracy, currency or validity of the information and material contained within any Communications or the Web Site;
  • any interruptions to or delays in updating the Web Site;
  • any incorrect or inaccurate information on the Web Site;
  • the infringement by any person of any copyright or other Intellectual Property Rights of any third party through any Communication or use of the Web Site;
  • the availability, quality, content or nature of External Sites;
  • any transaction involving External Sites
  • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Web Site, or any Communication;
  • all representations, warranties, conditions and other Terms which but for this notice would have effect.
• People Store does not warrant that the operation of the Web Site will be uninterrupted or error free.
• People Store will have no liability to you in respect of any Content on the Web Site which you may deem offensive, explicit or immoral.  Any notices or guidance on the Web Site in respect of such Content are for guidance only and People Store makes no warranty in respect of their accuracy.
• People Store will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
• Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
• These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit People Store’s  liability for death or personal injury resulting from its negligence nor any fraudulent representation.
• You agree that in relation to your use of the Web Site you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Web Site.
• You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership Account and for all activities that occur under your Account.  You will be responsible for all use of the Web Site by anyone with your username and for any losses suffered by you provided that such losses are not caused by People Store’s negligence. You hereby indemnify, defend and hold People Store and People Store’s affiliates and People Store’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Web Site, any Communications and any use of your Account. You shall use your best efforts to cooperate with People Store in the defense of any claim. People Store reserves the right, at People Store’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination

• Without limiting to any other rights it may have People Store may remove, restrict, cancel or suspend access to and use of the Web Site and any part of it, if it considers (in its sole discretion) that you have breached of any of these Terms.

 

Privacy and Data Policy

People Store will only use information collected about you in accordance with the Data Protection Act 1998.

• People Store may ask you for certain information and you may submit personal data to the Web Site (such as your name, email address and contact details) when you subscribe or sign up to the Web Site.
• People Store may also record which parts of the Web Site and services you are interested in as well as user traffic patterns and site use. This information will be kept securely in accordance with an internal security policy and may be used to:
  • process your Communications, your subscription to the Web Site and to enable your use of the Web Site and associated services;
  • open and run your Account and provide you with an up to date, efficient and reliable service;
  • administer competitions;
  • generally run the Web Site.
• By subscribing and submitting your data you agree to this use.
• From time to time People Store also monitor and record telephone calls for training purposes and to improve the service to you.
• People Store will never collect sensitive information about you without your explicit consent.
• In accordance with the Data Protection Act 1998, People Store is registered with the Information Commissioner.
• If you believe People Store has information about you that you do not want People Store to have or that is incorrect please contact People Store as described below and People Store shall correct or remove the data as you request as soon a reasonably practicable.
• If you have any other concerns over privacy, this privacy policy or this Web Site please contact People Store as described below.

Marketing Communications

People Store gives you a choice whether or not you want People Store or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful.  People Store won’t sell or trade personal information to other companies but People Store would like to keep you informed of the developments on the Web Site and People Store would like to share data with other reputable companies who may have interesting offers and information for you.

When People Store send you information or marketing communications about other companies’ products/services, it is up to you if you then want to contact such companies direct; if you do, People Store has no responsibility for any arrangements made direct with such companies; the use of any personal data that you provide to such companies will be on their terms and conditions and People Store has no responsibility or liability for that.

People Store will not send you any marketing communications or pass your information on to third parties unless you give your consent or you have given it already. In each such marketing communication we shall give you the chance to unsubscribe or opt out of receiving such marketing communications in the future.  

Cookies

People Store uses ‘cookies’ on the Web Site. Cookies are a way that information such as whether you have visited the Web Site before is recorded on your computer and is used by People Store to improve the Web Site and the services available to you. If you do not wish for People Store to use cookies when you use the Web Site please adjust your Internet browser settings to not accept cookies. Your computer’s help file should tell you how to do this but please note that this will affect your ability to use the Web Site.

• If you don’t disable “cookies” then we will store your recent browsing and shopping habits not analysed or looked at by us to help your future experience with and visits to the Web Site.  Such details shall not be analysed or used by People Store in any other way. .

Purchasing Music  

• The Web Site is free to browse, however you may purchase Content and additional services and features in order to enhance your use of the Web Site (“Paid for Features”).
• Paid for Features may be purchased using Points, your credit or debit card or through a Paypal account.  Purchases made with Points must be of complete Title(s) only.  You may not part-purchase a Title with a combination of Points and money or with money using a combination of payment methods.
• Please do not send cash. People store may not accept cash (but reserves the right to do so). People store will not be responsible for cash, postal order, money order or cheque lost in the post or sent to but not received by people store.
• Paid for Features are advertised for sale on the Web Site so that you may offer to purchase them for the price stated in the manner described below.
• When you complete and submit the online form required to purchase Paid for Features you are offering to purchase them for the price stated ("Order").
• Orders are subject to these Terms and will be confirmed by e-mail. Orders are deemed accepted when People Store sends you the Paid for Feature.
• People Store may cancel any sale and not supply Paid for Features if it is reasonable to do so and may change or discontinue the availability of Paid for Features at any time at its sole discretion.
• You may cancel your Order of Paid for Features at any time up to the end of the 14th working day after receiving them, except where you have taken advantage of or used the Paid for Features or where the Paid for Feature is a downloaded music or video file or files. Once notified, People Store shall, as soon as possible, re-credit your account with any sum debited by it from your credit card or debit card and delete your Order from the Web Site.
• The charge will appear on your monthly credit card bill, bank statement or Paypal account.  Credit card Orders will be confirmed by e-mail and are deemed accepted when People Store sends the confirmation e-mail.
• You will not be charged for any Orders that cannot be fulfilled and where appropriate People Store will re-credit to your account any sum debited by People Store.
• People Store cannot guarantee that a particular Paid for Feature will always be available.
• You confirm and agree the right of cancellation provided under the Consumer Protection (Distance Selling) Regulations 2000 does not apply in respect of Content downloaded from the Web Site.
• Your statutory rights are unaffected by these Terms.
• People Store does not apply any form of DRM or digital rights management to Content sold through the Web Site.
• Audio and video files may from time to time at the insistence or request of the copyright owner or licensee contains watermarking or other technology which may or may not be identified or identifiable by People Store. 
• People Store shall not knowingly include in any Content any technologies that inhibits your use of Content or allows for you to be identified from the tracking of such Content.

General

• All questions, comments or enquiries should be directed by email to or by post to People Store Limited at 12 Goslett Yard, London WC2H 0EQ.
• These Terms constitute the entire agreement between you and People Store and shall apply to the exclusion of all other terms or conditions of contract which you may propose.
• Failure to enforce any of these Terms will not be deemed a waiver of any term or right.
• If any part of these Terms is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
• The Web Site is intended for and directed at the United Kingdom and no representation or warranty is made as to whether the Web Site complies with the regulatory regime and local laws of any other country.
• Use of People Store and these Terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
• The Web Site is operated and owned by People Store Ltd (“People Store”).

About People Store

• People Store Limited
• All questions, comments or enquiries should be directed to
• Registered company number: 06319465
• Registered company address: 12 Goslett Yard, London WC2H 0EQ.