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Terms of Use

Welcome to Pop My Mind.

Please be aware that your use of The Platform is governed by these Site Terms and any documents or policies referred to therein.

Please read the following information carefully before engaging with the platform.  By using The Platform, you confirm that you accept these Site Terms and that you agree to comply with them.

1. Definitions

The Platform - the website http://www.popmymind.com

User - any individual that creates a User account on The Platform

Username - the name of a User's user account on The Platform

Visitor - any individual that visits The Platform without logging-in to a User account. 

You - a User or Visitor of The Platform. Your has a corresponding meaning.  

Content - any audio, text, images, videos or any other content, data or information that has been uploaded, stored, transmitted or made available or via The Platform by You or any other User.

Derivative Content - any audio, text, image or video content that You have adapted, transformed, modified, altered or built upon from any pieces of Content.

POP MY MIND, We, Us, Our - The private Limited Company "Pop My Mind Limited", whose registered office is at Rectory Cottage, Thorpe Morieux, Bury St Edmunds, Suffolk, UK, IP30 0NW.  We are registered in England and Wales under company number 8933461

2. Acceptable use of The Platform

When accessing, using and visiting The Platform You warrant that You will not

a) use The Platform in any way which is unlawful, illicit, fraudulent or harmful

b) use The Platform in any way that causes, or may cause, damage to The Platform or impairment of the availability or accessibility of The Platform

c) rip, capture or copy any Content from The Platform except by means of download as described in section 4

d) use The Platform to copy, host, store, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software

e) conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to The Platform

f) copy or adapt the object code of The Platform

g) rent, sell or lease access to The Platform or any Content on the Platform

h) impersonate or unlawfully represent any person or entity on The Platform

i) use another person's Platform User account without first gaining their express permission

j) sell, rent or lease any Platform User accounts

3. Warranties You make upon uploading Content

You must only upload Content to The Platform if and only if

a) Your content is an original work by You or you have obtained the worldwide rights to authorise derivates and publically perform, display and broadcast the Content

b) You agree to abide by the terms of Our Copyright Policy and Our Privacy Policy

c) the availability of Your Content on The Platform does not infringe the rights of any third parties

d)Your Content is not unlawful, abusive or libellous

e) Your Content does not promote any themes that are discriminatory, prejudice or seen to be promoting violence, terrorism or illegal acts on the grounds of race, religion, sexual orientation or gender

f) Your Content contains no pornographic material

g) Your Content contains no advertising or promotional material relating to the marketing of any products or services

4. Acceptable use of downloading Content from The Platform

You are permitted to download, copy and store Content from the Platform for the sole purpose of creating Derivative Content.  More specifically, You are permitted to:

a) adapt Content by remixing, transforming, modifying or altering the content in such a way that shows clear distinction between Content and Your Derivative Content

b) build upon Content by adding original audio, text, images or videos to the Content in such a way that shows that You have added significant creative value to the Content.

c) copy, reproduce, authorise derivatives and publically perform, display and broadcast  Derivative Content for any non-commercial purpose only.

The rights granted in part c) are conditional on You providing appropriate credit to the Users whose Content you have adapted when publishing, performing, displaying or broadcasting Your Derivative Content.

By appropriate credit We specifically mean adhering to all of the following requirements:

1. For online publishing of Derivative Content, Users must credit Your Username within the content description of the Derivative Content.

2. For offline publishing of Derivative Content, Users must credit Your Username within an area that is visible to any viewer or listener of the Derivative Content.

Failure to comply with these conditions will result in the immediate termination of Your right to copy, reproduce, authorise derivatives and publicly perform, display and broadcast  Derivative Content.

5. Unacceptable use of downloading Content from The Platform

When downloading a piece of Content from The Platform You are not permitted to:

a) publicly perform, display or broadcast Content without first adapting or building upon the content

b) exploit Derivative Content for commercial advantage or monetary compensation without written consent from the relevant User(s)

c) copy or reproduce Content other than for the purpose of creating Derivative Contentd) authorise derivatives of Content

6. Linking to the Platform

You may link to Our home page, provided 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 site in any website that is not owned by You.

The Platform must not be framed on any other site, nor may you create a link to any part of The Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

7. Breaches of terms

Please contact us if You believe that any party has breached any of these Site Terms.

We reserve the right to remove any Content from The Platform that is in breach of any of these Site Terms with immediate effect.

We reserve the right to delete the Platform User accounts of Users that are in breach of these Site Terms with immediate effect.

8.Disclaimer

Whilst We endeavours to take appropriate action against breaches of these Site Terms, We make no promises or guarantees that any action will be taken by Us in relation to any breach made by any party of these Site Terms.

9. Indemnity

You hereby agree to indemnify Us from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

a) Any Visitor or User of The Platform violating any terms of this agreement

b) You violating any terms of this agreement

10. Limitation of Liability

To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to The Platform or any content on it, 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, the Platform; or
  • use of or reliance on any content displayed on The Platform.

If You are a business 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.

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 The Platform or to Your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on The Platform. 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.

11. Entire agreement

These Site Terms, together with Our Privacy Policy and Copyright Policy constitute the entire agreement between You and Pop My Mind in relation to Your use of The Platform.

12. Law and jurisdiction

These Site Terms are governed and construed in accordance with English law, and any disputes relating to these Site Terms will be subject to the exclusive jurisdiction of the Courts of England and Wales.

13. Changes and updates

We reserve the right to change and update these Site Terms and the documents and policies referred to therein at any time. However, please note that any of the content on The Platform may be out of date at any given time, and we are under no obligation to update it.

Users will be notified of any changes made to these Site Terms and the documents and policies referred to therein via email Please check these Site Terms from time to time to take notice of any changes we made, as they are binding on you.

We do not guarantee that The Platform, or any content on it, will be free from errors or omissions.

The date in which these Site Terms were last amended is stated at the end of this document.

14. Clarifications

If You require any clarifications regarding the contents of these Site Terms and/or the documents referred to therein, please contact us.

 

Last updated: October 2015