Welcome to PlayDigital, the online music downloads platform operated by PlayMedia S.à.r.l. on the website www.play.com ("Website").
PlayMedia S.à.r.l. is a private limited liability company ("Société á responsabilité limitée") with its registered office at 3rd Floor, 4-6 Avenue de la Gare, Luxembourg L-1610, R.C.S. Luxembourg number B130014.
The Website (excluding PlayDigital) is owned and operated by Play Limited, whose address is Play.com, PO Box 192, Jersey, JE4 8RP.
The following terms and conditions (“Ts and Cs”) specifically apply to PlayDigital services, which consist of providing online music download services (“The Download Services”) and must be read and accepted irrespective of the terms and conditions applicable to the sale of other products at the Website.
PlayDigital’s usage policy is laid out in five sections:
1. General conditions of use
1.1. Downloads from PlayDigital may only be bought by Customers with a UK billing address.
1.2 You must be eighteen years old to use the Download Services. If you are under eighteen, you may only use the Download Services in conjunction with, and under the supervision of a parent or guardian. If you do not qualify, please do not use the Download Services.
1.3 You undertake that any and all items ordered by you are for your own private and domestic use only and that you will not copy, distribute, share or otherwise broadcast the media files downloaded from PlayDigital.
1.4 You undertake that all details you provide through PlayDigital for the purpose of ordering items or are correct, that the credit or debit card you are using is your own and that there are sufficient funds available to cover the cost of the items or services ordered.
1.5 You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use PlayDigital under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
1.6 If there are any changes to the details supplied by you it is your responsibility to inform PlayMedia as soon as possible.
2. Placing an order
2.1. You may purchase PlayDigital items using the following methods of payment credit/debit card (cards accepted are Delta, Mastercard, Solo, Maestro, Visa and Visa Electron) or vouchers.
2.2 PlayDigital items are in general available for download on their release date. On rare occasions, items may not be available for technical reasons.
2.3 No contract will be formed between you and PlayMedia until the items are made available for download. We will confirm that the item has been made available for download via email. This confirmation e-mail amounts to our acceptance of your offer to buy items at PlayDigital (whether or not you receive that e-mail provided that you are able to access that e-mail).
2.4 Credit and debit cards are debited on the day the items are made available for download, for the price indicated at the time the order was placed. Prices include all taxes.
2.5 While we try and ensure that all prices on our website are accurate, errors may occur. We will use our best endeavours to correct errors and omissions as quickly as practicable after being notified of them. If we discover an error in the price of items you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price.
2.6 All purchases are non-exchangeable, non-refundable and non-transferable. You may only cancel pre-ordered items prior to their release date by clicking on the ‘Cancel’ link next to the product on your account page on PlayDigital. We can also accept cancellations by email to firstname.lastname@example.org by post or by telephoning 0845 800 1020 during normal office hours. You may not withdraw from the contract at any time after the product has been made available for download or on/after release date; whichever is the earliest of these events.
2.7 Once we receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order.
2.8 In case the media files are damaged or incomplete, you must notify us immediately by e-mail to email@example.com. We will replace the media file or give you a full refund if there are any problems affecting that particular media file. We undertake to re-credit your card as soon as possible.
2.9 You may download certain media files more than once depending on the record label’s authorisation. However, PlayMedia shall bear no liability if media files are not available for download more than once.
2.10 Certain tracks available on PlayDigital may contain explicit lyrics that may be considered offensive or objectionable, which are generally signalled by the standard notice “parental advisory”. We undertake to display such notice together with the product information, provided that it has been conveyed to us by the record label’s. We shall bear no liability for offensive or objectionable contents within media files that we offer online.
2.11 Except where authorised by a record label, you may not use any track as a musical ringer in connection with phone calls.
3. Intellectual Property
3.1 For the purpose of these Ts and Cs, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights, trade marks (whether registered or not) and other similar rights (together with the right to apply for the protection of any such rights) belonging to both Play, PlayMedia and companies that supply our website with media files and any related technology, as well as images, samples and text. Any goodwill accruing from use of trademarks, business names and service marks under these Ts and Cs shall vest in their owners as appropriate.
3.2 Music files and pages provided through the Download Services are digital files protected by national and international laws for the protection of intellectual property rights including, without limitation, copyright.
3.3 It is expressly forbidden to copy, distribute, share or otherwise broadcast the media files downloaded from PlayDigital.
3.4 To prevent illegal use, media files may carry a digital watermark that allows the tracking of any subsequent illegal transfer. You must not attempt to remove the watermark, damage the file or try to circumvent the security mechanisms in any way. Watermarks enable identification of the unique original owner of the media file, details of which may be conveyed to the copyright owners where there is a reasonable suspicion that copyrights have been violated.
3.5 You must refrain from diverting PlayDigital’s URL to personal homepages, reproducing PlayDigital’s framing or designs, creating deep linking to the Website or creating derivative works thereof. You must not use content or features available at PlayDigital to divulge any event, venture or otherwise implied partnership.
3.6 Registered users are permitted to post reviews on products provided that they comply with Play's Customer Review Guidelines. You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to other Play.com sites and publications. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights. We reserve the right to publish, edit or remove any reviews without notification.
4.1 This section applies only to the extent permitted by law. For the avoidance of doubt, PlayMedia does not exclude or limit any liability for death and personal injury resulting from negligence or wilful default.
4.2 The products are provided for private domestic and consumer use only. Accordingly, PlayMedia does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Download Services or for any products or services purchased from PlayDigital.
4.3 Download Services are normally available 24 hours a day. However, PlayMedia shall not be liable in the case that the service is temporary unavailable, does not meet individual expectations or is incompatible with software, hardware or telecommunication services. We expressly exclude any liability for the acts or omissions of telecommunications service providers, failures or faults in their networks and equipment.
4.4 We shall have no liability to you for any delay in making ordered items available for download or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
4.5 Due to new technology developments, market shifts or imperatives, our service offer may vary, as well as media files formats and downloading technologies, without any liability on our part for any damage or loss suffered by the Customers.
4.6 In the unlikely event that you receive damaged or incomplete PlayDigital items, we will be liable to you for the amount you paid for the items in question provided that you notify PlayMedia of the problem in writing at the address stated in the confirmation e-mail within 10 working days of receipt of the items. Our liability to you shall never exceed the total price of downloads made by you. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
4.7 TO THE FULLEST EXTENT PERMITTED BY LAW, PLAYMEDIA IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PLAYMEDIA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
5.1 It is a crime to use a false name or a known invalid credit card. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the applicable law. PlayMedia tracks the electronic ‘fingerprints’ of every order placed on PlayDigital to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
5.2 We reserve the right to terminate this agreement and to suspend or terminate your access to PlayDigital immediately and without notice to you if:
5.2.1 you fail to make any payment when due;
5.2.2 you breach the terms of these Ts and Cs (repeatedly or otherwise);
5.2.3 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
5.2.4 you engage, or become in any way been involved in fraudulent or illegal activity on PlayDigital;
5.2.5 you breach any of our above described intellectual property rights by copying, sharing or otherwise broadcasting any of the media files downloaded from PlayDigital;
5.3 PlayMedia may amend these Ts and Cs from time to time and place the new version on the Website. When PlayMedia does so, it will mention the fact at www.play.com. For Customers purchasing items or registering on the PlayDigital for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty calendar days following posting of the amended version on the Site. Your continued use of the PlayDigital following PlayMedia’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Ts and Cs, then your only remedy is to cease using the Download Services.
5.4 No waiver by us of any breach of these Ts and Cs shall be considered as a waiver of any subsequent breach of the same or any other provision.
5.5 These Ts and Cs supersede any and all other conditions, understandings, commitments, agreements or representations relating to your purchase, whether oral or in writing. We advise that you print off and keep safe a copy of these Ts and Cs once your order has been accepted. We will store a copy of the contract entered into by you with PlayMedia. You are fully responsible for reading all information on this PlayDigital and visiting the relevant links where appropriate within the Website.
5.6 If any provision of these Ts and Cs shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts and the remainder of the affected provision shall be unaffected.
5.7 To the fullest extent permitted by law, these Ts and Cs are subject to the laws of Luxembourg and the jurisdiction of the court of Luxembourg-city.