Access to and use of any part or page of www.theofficialcharts.com (the “Website”) both within the UK and internationally is provided by The Official UK Charts Company Limited (“OCC”) on the following terms:
1. By using the Website, you agree to be bound by these terms, which shall take effect immediately on your first use of the Website. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to the Website.
2. OCC may change these terms from time to time and so you should check these terms regularly. Your continued use of the Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using the Website. If there is any conflict between these terms and specific local terms appearing elsewhere on the Website (including house rules) then the latter shall prevail.
Use of the Websites
3. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of OCC or restrict or inhibit anyone else's rights, use or enjoyment of the Website. 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 Website.
4. All copyright, trade marks, design rights, patents, database rights and other intellectual property rights (registered and unregistered) in and on the Website and all content (including all applications) located on the Website shall remain vested in OCC 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 OCC.
5. The names, images, data and logos identifying OCC or third parties and their products and services are subject to copyright, design rights and trade marks of OCC 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 OCC or any other third party.
Contributions to OCC
6. By sharing any contribution (including any text, photographs, graphics, video or audio) with OCC you agree to grant to OCC, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) in any OCC media service worldwide (including on OCC's Website accessed by international users). In certain circumstances, OCC 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 OCC 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 OCC 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 OCC.
11. If you do not want to grant OCC the permission set out above on these terms, please do not submit or share your contribution to or with the Website.
12. If you have any questions about contributing content to OCC, please Contact Us
14. You agree to use the Website community (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 Charts 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 OCC 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.
OCC 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 OCC 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 OCC 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 OCC 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 OCC considers such behaviour to be serious and/or repeated, OCC 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).
OCC reserves the right to delete any contribution, or take action against any OCC 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 OCC. Neither OCC nor its group companies are responsible for any content posted by members of the public on the Website or for the availability or content of any third party sites that are accessible through the Website. Any links to third party websites from the Website do not amount to any endorsement of that site by OCC 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 OCC 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, OCC 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. OCC 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 OCC is correct at the time of publication no responsibility is accepted by or on behalf of OCC for any errors, omissions or inaccurate content on the website.
17. Nothing in these terms limits or excludes OCC's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, OCC and/or any group companies 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 Website regardless of the form of action.
18. OCC does not warrant that functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website 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 OCC to exercise or enforce any right in these terms does not waive OCC'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.
© 2012 The Official UK Charts Company Limited