Welcome to EasySleepMusic, a service provided by EasySleepMusic Limited (“EasySleepMusic”, “We”, “Our” or “Us”)
We offer an online video, sound recording, musical and literary work (“Content”) curation and sharing platform through Our website located at www.EasySleepMusic.com and mobile.EasySleepMusic.com and any other related domains, mobile and desktop applications (“Our Apps”) and Our related players, widgets, tools, applications, data, software and other services (collectively “Our Services”).
Please note that we do not actively monitor Content hosted on Our Services and that even if you are old enough to use Our Services, some of that Content may not be appropriate for you to view and may contain nudity, profanity or subject matter intended for mature audiences.
Other Applicable Terms
• [Our Community Guidelines, http://EasySleepMusic.com/community.html ,which sets out the ways in which You may use Our Services to interact with other Users. When using Our site, You must comply with these Community Guidelines.]
Information About Us
www.EasySleepMusic.com and mobile.EasySleepMusic.com are sites operated by EasySleepMusic Limited (“We” or “Us”). We are registered in England and Wales under company number 08690623 and have Our registered office at TIE Founders’ Dock, HQ Building, 2 Atherton Street, Manchester, M3 3GS.
Changes to Our Services
We may update, alter or otherwise change the Content, functionality or availability of Our Services in any way at any time in Our sole discretion. However, please note that any of the Content on Our Services may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that Our Services, or any Content on it, will be free from errors or omissions.
Accessing Our Services
Our Services are made available free of charge, regardless of whether You use them as a registered user or a guest. Access to Our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Services or their functions and features without notice to You. We will not be liable to You, whether You are a registered user or a Guest, if for any reason Our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for You to have access to Our Services.
Your Account and Password
Your Licence to use Our Services
Account Suspension & Deletion
You may delete Your account with Us to use Our Services at any time.
We may choose to suspend or delete accounts or block or remove any Content which You have uploaded or submitted to Our Services if
If We delete or suspend your account for any of these reasons, you may not register for another account to use Our Services and We may, in our sole discretion, block your e-mail address or social media profile and IP address to prevent any such further registration.
In the event of Our termination of Your account, any and all licenses granted by Us to You to Use Our Services or any Content hosted on them will immediately terminate and any Content which You may have uploaded or submitted or uploaded to Our Services may no longer be available.
No Reliance on Information
The Content on Our Services is provided for entertainment and promotional purposes only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on Our Services.
Although We make reasonable efforts to update the information on Our Services, We do not actively monitor any Content hosted on them and make no representations, warranties or guarantees, whether express or implied, that the Content on Our Services is accurate, complete or up-to-date.
Your Representations & Warranties
By using Our Services to upload or submit Content to be hosted on them, you represent and warrant that:
• any such Content and its presence on Our Services does not and will not infringe any rights of any third party including, without limitation, any intellectual property (including in respect of confidential information) or performers’ rights or any right of privacy;
• you have obtained any and all necessary consents, permissions or releases to use and publish via Our Services (and those of our affiliates) the name, voice, performance or likeness of any person appearing in any such Content;
• any such Content uploaded or submitted to Our Services and any comments relating thereto is not and will not in our sole discretion be unlawful, illegal, offensive, abusive, defamatory, constitute a breach of privacy or criminal offence or promote violence, terrorism or other illegal acts including the incitement of hatred or discrimination on the grounds of race, gender, religious or political belief or sexual orientation;
• any such Content does not and will not create any liability on Our part or that of Our subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders
You will be liable to us and indemnify us for any breach of these warranties. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.
Limitation of Our Liability
We do not guarantee or make any representation or warranty:
• that Our Services, or any Content on them, will always be available or be uninterrupted;
• concerning any Content hosted on Our Services,
• concerning any third party use of Content uploaded or submitted to Our Services;
• that any Content uploaded or submitted to Our Services will be made available on Our Services or hosted on Our Services;
• that Our Services will meet the business or professional needs of any registered user or guest;
• that We will continue to support any particular feature of Our Services
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our Services or any Content on them, whether express or implied.
We will not be liable to You, for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, Our Services; or
• availability, use of or reliance on any Content displayed or hosted on Our Services.
If You are a registered user, please note that in particular, We will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
Please note that We only provide Our Services for promotional, use. We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Services or to Your downloading of any Content on them, or on any website linked to it.
We assume no responsibility for the Content of websites linked to on Our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.
Uploading or Submitting Content to Our Services
Whenever You make use of a feature that allows You to upload or submit Content to Our Services or to make contact with other users of Our Services You must comply with the following Content guidelines:
You must not upload, or submit any Content to Our Services which, in Our sole opinion:
• is unlawful, illegal or likely to give rise to a claim in the civil courts or constitute a criminal offence
• infringes the rights of any third party including, without limitation, intellectual property rights;
• is excessively violent, sexually explicit, obscene or pornographic;
• is defamatory, maliciously false, promotes or incites hatred, discrimination or violence, constitutes the invasion of the privacy of any third party or depicts, encourages or incited the commission of a criminal offence;
• or is a marketing message of any kind save as to accompany or be included in Content for promotional purposes only, and does not constitute an advertisement’.
You warrant that any Content which you upload or submit to Our Services complies with these standards, and You will be liable to us and indemnify us for any breach of that warranty. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.
Any Content which You upload or submit to Our Services will not be considered confidential or proprietary. You retain ownership of Your Content, but by using Our Services to upload or submit Content of any kind, you grant to us and our affiliates a limited, worldwide, non-exclusive and royalty-free licence to use, store, copy, modify, adapt, transmit, distribute, publicly perform and display (in all media or formats now known or hereafter created) that Content and make it available to third parties, to display your Content on third party websites and applications through a video embed or our API, to other users to play and embed your Content on third party websites for their own non-commercial purposes, and to Us to use your Content to promote Our Services and to modify your Content through the addition of Content promoting goods or services of any kind.
You also waive any moral rights or equivalent rights which may prevent Us or our affiliates from exploiting the rights granted above.
Your licences to Us, Our affiliates and other users of Our Services will continue unless and until You actively remove the relevant Content from Our Services. We are under no obligation to delete all Content which You may have uploaded or submitted to Our Services in the event that you delete Your account.
We also have the right to disclose Your identity to any third party who is claiming that any Content posted or uploaded or submitted by You to Our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by You or any other user of Our Services.
The views expressed by other users on Our Services do not represent Our views or values.
We do not guarantee that Our Services will be secure or free from bugs or viruses.
You are responsible for configuring Your information technology, computer programmes and platform in order to access Our Services. You should use Your own virus protection software.
You must not misuse Our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Services, the server on which Our Services are stored or any server, computer or database connected to Our Services. You must not attack Our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Services will cease immediately.
Linking to Our Services
You may link to Our homepage, provided that You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link to Our Services in any website that is not owned by You.
We reserve the right to withdraw linking permission without notice.
Intellectual Property Infringements
We respect the intellectual property rights of others. If you believe that your intellectual property rights have been infringed In any way by Our Services or any Content hosted on them, please contact us at: Info@EasySleepMusic.com
Third Party Links and Resources on Our Services
Where Our Services contain links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the Contents of those sites or resources.
Other Important Terms
By using Our Services, You agree and consent to receive all communications including notices, agreements, disclosures, or other information from Us electronically. We may provide all such communications by email to any details which You provide when first registering to use Our Service or by posting them on Our Services. For support-related or legal enquiries, you may contact us at the following address: info@EasySleepMusic.com
Use of EasySleepMusic Players and WidgetOur Services includes access to customisable players (“Players”), and an embeddable version of the EasySleepMusic player (“Widget”) for incorporation into other websites or social media profiles to enable users to share their Content, and enable other users of Our Services to share that Content.
You may not, without Our prior written consent, use the Players or Widget in a manner which aggregates Content from Our Services into a separate destination that replicates (either wholly or partially) Our Services, or comprises a service through which Content available through Our Services forms part.
You may not, without Our prior written consent or that of the owner of the relevant Content, use the Players or Widget to embed Content into any website or other destination specifically dedicated to a particular artist Content or a particular genre. You may not use the Players or Widget in any way that suggests that We , any of our users or any third party endorses or supports such a website or service, or your use of the Players or Widget. We reserve the right to discontinue your use of the Players and the Widget at any time and for any reason in its Our sole discretion.