Terms and Conditions

1. This Agreement.
This is a legal agreement between you and The 606 Club which states the terms that govern your use of the 606 Shop. This agreement – together with all updates, additional terms and all The 606 Club policies referred to in this agreement – collectively constitute the “Agreement” between you and The 606 Club. To agree to these terms, click “Agree”. If you do not agree to these terms, do not click “Agree”, and do not use the service. Definition of the 606 Shop. The 606 Club is the provider of the 606 Shop (the “Service”) that permits you to purchase or rent (as applicable) a licence for digital content including sound recordings under the terms and conditions set forth in this Agreement.

2. Use of the Service.
(a) This Agreement applies to any use of the Service. Additional terms and conditions apply to purchases and rentals (as applicable) made through the Service (“Terms of Sale”) and can be found below. If you have not already read such additional terms and conditions, you should do so now.
(b) Age Requirements. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

3. System Requirements
Use of the Service requires a device such as a computer, Internet access and certain software. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended (and is required for video downloads).

4. Privacy
Except as otherwise expressly provided for in this Agreement, the Service is subject to The 606 Club’s Privacy Policy at insert link which is expressly made a part of this Agreement. If you have not already read this Privacy Policy, you should do so now.

5. Your Information
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. The 606 Club may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that The 606 Club may store and use the Registration Data you provide (including payment card information) for use in maintaining your accounts and billing fees to your payment card.

6. User Account and Security
(a) Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify The 606 Club of any unauthorised use of your Account or any other breach of security. The 606 Club shall not be responsible for any losses arising out of the unauthorised use of your Account which is not due to the negligence of The 606 Club.
(b) Security. You shall not access or attempt to access an Account that you are not authorised to access. Violations of system or network security may result in civil or criminal liability.

7. Products Requirements
You acknowledge that certain uses of content acquired from the Service may require the use of other hardware and software products (e.g., a CD burner is required to burn a song to a CD, and a portable digital player is required to listen to or view content “on the go”), and that such hardware and software is your responsibility. Products may only be downloaded once per transaction; once content is acquired and you receive such content, it is your responsibility not to lose, destroy, or damage such content, and The 606 Club shall be without liability to you in the event of any loss, destruction, or damage to content which is not due to the negligence of The 606 Club.

8. Purchase or Rental of The 606 Shop Content
You agree that the products, such as sound recordings, videos and related artwork (“Products”), are provided to you by way of a licence only. You acknowledge that your usage of the Products is limited to the following Usage Rules and you agree to use Products in compliance with such Usage Rules.
Usage Rules
(a) Your use of the Products is conditional upon your prior acceptance of the terms of this Agreement.
(b) Your license of Products as authorised here permits you to use the Products only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence, to the extent permitted by law. For details of your rights and restrictions on your rights to use the Products, see: www.mcps-prs-alliance.co.uk or http://www.mcps-prs-alliance.co.uk/about_us/aboutcopyright/Pages/aboutmusiccopyright.aspx.
(c) You shall not be entitled to burn Video Products other than for backup purposes.
(d) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, non-commercial use.
(e) You may not use Products as a musical "ringer" in connection with phone calls.
(f) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product. You may use the audio CD to which you have burned your Products in the same ways in which you may use an audio CD purchased from a retail store, subject to UK copyright laws.
(g) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
(h) You agree not to violate or attempt to violate any rights management information on the Products for whatever reason. Notwithstanding other provisions, you are allowed to burn Products to CD, within the limits of the Usage Rules. Usage Rules may be controlled and monitored by The 606 Club for compliance purposes, and The 606 Club reserves the right to enforce the Usage Rules with or without notice to you.
(i) You agree that your acquisition of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party.

9. Content Added by You
(a). The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You agree that any participation by you in any such activities, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, and that you have obtained all necessary rights, licences or clearances. Moreover, you hereby grant The 606 Club a worldwide, royalty-free, non-exclusive licence to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
 (b)The 606 Club reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
(c) The 606 Club has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that The 606 Club in its sole discretion deems appropriate, including, without limitation, under Section 13 below.

10. Agreement to Pay
(a) Payment for Products. You agree to pay for all Products you purchase or rent (as applicable) through the Service, and that The 606 Club may charge your payment card for any Products purchased or rented (as applicable), and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing The 606 Club with a valid payment card for payment of all fees. All fees will be billed to the payment card you designate during the registration process. If you want to designate a different payment card or if there is a change in your payment card, you must change your payment card information online.
(b) Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
(c) Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions.
(d) In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

11. Right of Withdrawal and Delivery of Products
You have the right to withdraw from your purchase without penalty and without giving any reason until delivery of the Products has started.

12. Intellectual Property
(a) Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips and editorial content, contains proprietary information and material that is owned by The 606 Club and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.
(b) Removal of The 606 Club Content or Other Materials. Notwithstanding any other provision of this Agreement, The 606 Club and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials that are offered by the Service without notice. In no event will The 606 Club be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. The 606 Club may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. Removal of content from the Service will not affect content that you have already acquired from the Service.
(c) Copyrights. All copyrights in and to the Service, including but not limited to, the 606 eShop (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), are owned by The 606 Club and/or its licensors, who reserve all of their rights in law and equity. The use of any part of the Service, except for use of the Service as permitted in these Terms of Service, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
(d) Trademarks. The 606 Club, The 606 Club logo, The 606 Shop and The 606 Shop logo and other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of The 606 Club. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks.
(e) Album Cover Art. The 606 Club may provide you with limited access to download certain album cover art for music purchased or rented (as applicable) from the 606 eShop. Access is provided as an accommodation only, and you may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, non-commercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that The 606 Club is not in any way responsible for any such use by you.

13. Termination
(a) Termination by The 606 Club. If you fail, or The 606 Club has strong grounds to believe that you have failed, to comply with any of the provisions of this Agreement, including but not limited to violation of the Usage Rules, or infringement or other violation of third parties’ rights, The 606 Club, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or (ii) preclude access to the Service (or any part thereof).
(b) Termination of the Service. The 606 Club reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time and The 606 Club will not be liable. To the extent possible, The 606 Club will warn you in advance of any modification, suspension or discontinuation of the Service. Termination of the Service will not affect the Products that you have already acquired.

14. General Compliance with Laws The Service is controlled and operated by The 606 Club from its offices in London, UK. You agree to comply with all laws and regulations that apply to your use of the Service.

15. Enforcement of These Terms The 606 Club reserves the right to takes steps The 606 Club believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to The 606 Club' right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that The 606 Club has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as The 606 Club believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to The 606 Club’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

16. No Responsibility for Third-Party Materials or Web sites Certain content, Products, and services available via the Service may include materials from third parties. In addition, The 606 Club may provide links to certain third party Web sites. You acknowledge and agree that The 606 Club is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. The 606 Club does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that The 606 Club is not in any way responsible for any such use by you.

17. Disclaimer of Warranties; Liability Limitations
(a) The 606 Club will provide the Service with reasonable care and skill. The 606 Club does not make any other promises or warranties about the Service and in particular does not warrant that: (i) your use of the Service will be uninterrupted or error-free. You agree that from time to time The 606 Club may remove the Service for indefinite periods of time, or cancel the Service at any time for technical or operational reasons and will, to the extent practicable, notify you of this; (ii) the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of Force Majeure, and The 606 Club disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Products purchased from the 606 Shop that are stored in your system.
(b) Except as set out in section 17(d), in no case shall The 606 Club, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused by The 606 Club, its employees or agents where: (i) there is no breach of a legal duty of care owed to you by The 606 Club or by any of our employees or agents; (ii) it is not a reasonably foreseeable result of any such breach; (iii) any increase in loss or damage results from breach by you of any term of this Agreement; (iv) it results from a decision by The 606 Club to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of The 606 Club’ conclusion that a violation of this Agreement has occurred; or (v) it relates to loss of income, business or profits, or any loss or corruption of data in connection with your use of the Service.
(c) The 606 Club shall use reasonable efforts to protect information submitted by you in connection with the Services, but you acknowledge and agree that your submission of such information is at your sole risk, and The 606 Club hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
(d) Nothing in this Agreement removes or limits The 606 Club’ liability for fraud, or for death or personal injury caused by its negligence. 18. Breach of the Agreement by You By using the Service, you agree you are liable to The 606 Club, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claims arising out of your breach of this Agreement, or any action taken by The 606 Club as part of its investigation of a suspected violation of this Agreement or as a result of its findings or decision that a violation of this Agreement has occurred.

19. Changes
The 606 Club reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules or conditions “Additional Terms” on your use of the Service. Such Additional Terms will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event that you refuse to accept such changes, The 606 Club will have the right to terminate the Agreement and prevent further purchases by you from the 606 Shop.

20. Notices
The 606 Club may send you notice with respect to the Service by sending an email message to the email address listed in your The 606 Club Account contact information, by sending a letter via postal mail to the contact address listed in your The 606 Club Account contact information, or by a posting on the 606 Shop. Notices shall become effective immediately.

21. Governing Law
This Agreement and the use of the Service is governed by English law.

22. Miscellaneous This Agreement constitutes the entire agreement between you and The 606 Club and governs your use of the Service, superseding any prior agreements between you and The 606 Club. The 606 Club’ failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The 606 Club will not be responsible for failures to fulfil any obligations due to causes beyond its control. About The 606 Club: our registered office is 90 Lots Road, Chelsea, London, SW10 0QD, UK.

Last updated 17 July 2009