BPI (BRITISH RECORDED MUSIC INDUSTRY) LIMITED
Access to and use of any part or page of www.brittrust.co.uk, www.bpi.co.uk, www.brits.co.uk, www.classicalbrits.co.uk (each a “Website” and, together, the “Websites”) both within the UK and internationally is provided by BPI (British Recorded Music Industry) Limited (“BPI”) on the following terms:
1. By using a Website, you agree to be bound by these terms, which shall take effect immediately on your first use of that Website. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to a Website.
2. BPI may change these terms from time to time and so you should check these terms regularly. Your continued use of a Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using the Websites. If there is any conflict between these terms and specific local terms appearing elsewhere on the Websites (including house rules) then the latter shall prevail.
Use of the Websites
3. You agree to use the Websites only for lawful purposes and in a way that does not infringe the rights of BPI or restrict or inhibit anyone else’s rights, use or enjoyment of the Websites. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Websites.
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Websites and all content (including all applications) located on the Websites shall remain vested in BPI or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of Website content requires the prior written permission of BPI.
5. The names, images and logos identifying BPI or third parties and their products and services are subject to copyright, design rights and trade marks of BPI and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of BPI or any other third party.
Contributions to BPI
6. By sharing any contribution (including any text, photographs, graphics, video or audio) with BPI you agree to grant to BPI, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for BPI services in any media worldwide (including on BPI’s Websites accessed by international users). In certain circumstances, BPI may also share your contribution with trusted third parties.
7. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
8. In order that BPI can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give BPI permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution.
10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with BPI.
11. If you do not want to grant BPI the permission set out above on these terms, please do not submit or share your contribution to or with the Websites.
12. If you have any questions about contributing content to BPI, please Contact Us.
Website communities and other member pages
14. You agree to use Website communities (including message boards) in accordance with the following Community Rules as well as the rest of these terms and conditions. These apply across all Website community sites and services. You should, however, read the local house rules of the particular site or service you’re using, as there may be some local variations to these Community Rules.
(i) About your posts:
• Contributions must be civil and tasteful.
• No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
• No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
• Be patient: users of all ages and abilities may be taking part in the relevant Website community.
• No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don’t re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
• No advertising or promoting.
• No spoilers: material which contains information about the BPI, the BRIT Awards, the Classical BRIT Awards or other matters which haven’t been made available in the UK may be deleted.
• Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
• No impersonation.
• No inappropriate (e.g. vulgar, offensive etc) user names.
• URLs (web site addresses) can only be posted if allowed under any relevant local house rules.
• Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
(ii) Your BPI Account:
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
BPI reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple BPI accounts, or if a non UK user pretends to be a UK user, or disrupts any of our services in any way.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any BPI community.
(iv) Legal requirements:
• You may not submit or share any defamatory or illegal material of any nature in Website communities. This includes text, graphics, video, programs or audio.
• Contributing material to a Website community with the intention of committing or promoting an illegal act is strictly prohibited.
• You agree to submit to or share with Website communities only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of BPI or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
(v) If you’re under 16:
• Please get a parent’s or guardian’s permission before taking part in any Website community.
• Never reveal any personal information about yourself or anyone else (for example, school, telephone number, home address or email address).
(vi) If you breach these Community Rules:
If you fail to abide by these Community Rules (and/or any variations in relevant local house rules) or any other term or condition of use when taking part in a Website community, you will be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all Website community areas.
If you submit or share offensive or inappropriate content to or with any Website communities or anywhere else on the Websites or otherwise engage in any disruptive behaviour on the Websites, and BPI considers such behaviour to be serious and/or repeated, BPI may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
BPI reserves the right to delete any contribution, or take action against any BPI account, at any time, for any reason.
Disclaimers and Limitation of Liability
15. The majority of content posted in Website communities is created by members of the public. The views expressed are theirs and unless specifically stated are not those of BPI. Neither BPI nor its group companies are responsible for any content posted by members of the public on the Websites or for the availability or content of any third party sites that are accessible through the Websites. Any links to third party websites from the Websites do not amount to any endorsement of that site by BPI or its group companies and any use of that site by you is at your own risk.
16. Website content, including the information, names, images, pictures, logos and icons regarding or relating to BPI its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, BPI excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. BPI does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by BPI is correct at the time of publication no responsibility is accepted by or on behalf of BPI for any errors, omissions or inaccurate content on the website.
17. Nothing in these terms limits or excludes BPI’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, BPI and/or shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Websites regardless of the form of action.
18. BPI does not warrant that functions available on the Websites will be uninterrupted or error free, that defects will be corrected, or that the Websites or the server that makes them available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
19. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
20. The failure or delay of BPI to exercise or enforce any right in these terms does not waive BPI’s right to enforce that right.
21. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
Website Terms & Conditions of Supply
22. Who We Are
BPI (British Recorded Music Industry) Limited
London SE1 7JA
Company Registration Number: 01132389
VAT Number: 706764619
Tel: +44 (0) 20 7803 1300
23.1 These terms and conditions (“Terms”) (together with the documents referred to below) set out the terms and conditions upon which BPI (British Recorded Music Industry) Limited (“BPI”, “we”, “us”) supply any products (the “Products”) listed on our website www.bpi.co.uk (the “Site”) to you. Unless we tell you otherwise, the services available on this Site are provided to you by BPI.
23.3 You should print a copy of these Terms for future reference.
23.4 If you have any questions about these Terms please contact us using the details provided in theContact Us area of this Site.
24. Changes to these Terms
24.1 We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates.
24.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
25. Your Status
25.1 By placing an order through our site, you warrant that:
• you are legally capable of entering into binding contracts; and
• you are at least 18 years old.
26. Registration and Passwords
26.1 If purchase of a particular Product or service requires you to register with the Site or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a password for use in connection with that Product or service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
26.2 You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
26.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
26.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.
27. Our Products and Subscription Services
27.1 Our Site currently allows you to:
• purchase the BPI Statistical Handbook (both in physical and digital form);
• subscribe to the BPI Marketing Information Series;
• purchase certain BRIT Awards merchandise; and
If we decide to offer any additional products on the Site, such future products will also be covered by these Terms.
27.2 You should ensure that your computer meets the minimum technical requirements for these services. You may be required to install third party software to access some or all of these services. You are responsible for ensuring that the software functions correctly with the relevant service. Terms and conditions provided by the software supplier may apply to your use of the software.
27.3 You may need to register with the Site to purchase physical products and to purchase digital content and set up subscriptions.
28. Making an Order
28.1 Follow the onscreen instructions on the Site to make an order.
28.2 Items which you select for purchase will automatically be placed in your shopping “bag”. To remove an item from your bag, simply click on the “remove” button next to the item as it appears in your bag.
28.3 Once you have clicked the “proceed to checkout” tab you will be asked to provide certain information to allow us to process your order (including your selected payment method and card details).
28.4 You will receive an order confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order – this doesn’t mean that your order has been accepted. Your order represents an offer to us to purchase an item which is accepted by us only when we send you an email (“Dispatch Confirmation”) confirming:
• that your product has been dispatched (in the case of physical products), or (if appropriate)
• instructions for accessing your digital content.
28.5 We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will immediately provide you with a refund.
29. Prices and Payment
29.1 Unless otherwise stated on the Site we can accept Visa, Visa Electron, Mastercard, Delta, Maestro, Switch and Solo cards for payment. In some instances, we only accept payment by bank transfer and we will advise you prior to purchase where that is the case. Prices appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices for Products at any time by posting new prices on the Site, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.
29.2 Prices exclude delivery charges, which will be added to the total amount due as set out in the Shipping section of our Site. Delivery charges applicable to your order will be calculated and displayed on screen prior to your payment details being taken. There are no delivery charges for digital content.
29.3 It is always possible that, despite our best efforts, some of the items listed on our Site may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will usually, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
29.4 By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear on your credit card or bank statement as BPIBRITISHREM.
29.5 Billing to your credit or debit card will take place prior to or at the time of dispatch in relation to physical products or at the time of your purchase or slightly afterwards for digital content.
29.6 We accept all major credit cards except for American Express.
29.7 Payment Security: Our site uses RBS WorldPay which encrypts your credit or debit card data whilst it is being transferred over the internet. This helps to prevent interception of the data by other people. It also uses up-to-date encryption technologies to protect the security of your payment details and log in information whilst we process your order.
30. Digital Content
30.1 Cancellation: We are not able to cancel your purchase once we begin the process of supplying your download of digital content.
30.2 Accessing Digital Content: Once your order has been accepted you will receive an email from us containing instructions as to how to access your digital content.
30.3 Usage Rules: You are able to download each file once only. After your download has been completed it will not be available again. You may export, burn (if applicable) or copy Products (where permitted) solely for personal non-commercial use. You may not transfer, distribute, resell, upload or otherwise deal with purchased downloads, save as expressly permitted under these Terms.
31. Physical Products (hard copy Statistical Handbook, BRIT Awards Merchandise etc)
31.1.1 You may cancel your purchase at any time within 7 working days for any reason, beginning on the day after you receive the Product(s). In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy set out in Section 11 below.
31.1.2 To cancel, you must inform us in writing. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.
31.1.3 This right to cancel does not apply:
(a) where the Product has been unsealed (for example, CDs); or
(b) digital content (see Section 9 above).
31.1.4 Your statutory rights are unaffected by Section 10.1.3 above.
31.2 Delivery: Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
31.3 Risk and Title: Products purchased will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
32. Refunds Policy
32.1 If you cancel your purchase within the 7 day cooling-off period detailed in Section 10.1 above, we will process the refund due to you as soon as possible and, in any event, within 30 days of the day you gave notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of delivering the item to you. However, you will be responsible for the cost of returning the item to us.
32.2 If you cancel your purchase for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time.
32.3 We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
32.4 We will usually make any refund using the same method originally used by you to pay for your purchase.
33. Technical Problems
33.1 Occasionally, technical problems may delay or prevent delivery of a purchased Product. In those circumstances, your only remedy will be either a replacement product or a refund, as determined by us. Your statutory rights are not affected.
33.2 We will not be liable to you for failures, defects or delays in delivery caused by:
33.2.1 your provision of incorrect information;
33.2.2 your computer failing to meet the minimum technical requirements for the service;
33.2.3 your failure to comply with instructions for use of the service; or
33.2.4 an event which is outside of our reasonable control.
34. UK & Worldwide
34.1 We deliver products to addresses in the United Kingdom & Worldwide, and we only accept payment in UK pounds sterling.
35.1 We may, in our sole discretion, terminate your password, account or use of this Site without notice if you are in breach of these Terms or if we believe that your use of the Services is unsuitable.
35.2 Termination, suspension or cancellation of your access rights does not affect any other right or relief to which we may be entitled, at law or in equity.
35.3 On termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with Products which you have purchased from this Site).
36.1 We warrant to you that any goods purchased from us through our Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
36.2 In relation to our supply of Products via this Site (including both digital and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
36.3 This Section does not in any way limit our liability:
36.3.1 for death or personal injury caused by our negligence;
36.3.2 under section 2(3) of the Consumer Protection Act 1987;
36.3.3 for fraud or fraudulent misrepresentation; or
36.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
37. Transfer of Rights and Obligations
37.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
37.2 You may not transfer or assign, charge or otherwise dispose of a contract, or any of our rights or obligations arising under it, without our prior written consent.
37.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
38. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
39.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conlusion of the contract, will be in English. This does not affect your statutory rights.
39.2 All notices given by you to us must be given to BPI at the address or email address specified in the Contact Us area of the Site. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
40.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter.
40.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
40.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
40.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
40.5 These Terms shall be binding on and ensure for the benefit of each party’s successors in title.
50. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms.
© 2009 BPI (British Recorded Music Industry) Limited