


AGREEMENT BETWEEN CUSTOMER and YAKKETY-YAK MULTIMEDIA COMPANY LTD
This Web site is offered to you, the customer by Yakkety-Yak Multimedia Company. Your use of this Web site and/or your acceptance without modification of the terms, conditions, and notices contained herein constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorised to use this Web site.
INVOICES
Invoices are normally due for settlement within 7 days or, if requested, immediately if further work is required. Any queries concerning an invoice should be raised immediately upon receipt. In the event of payment not being made as requested, Yakkety-Yak Multimedia Company Ltd reserve the right to decline to act any further on behalf of the client and/or to exercise a hold on any papers, documents and Media content of the client which are in our possession, until payment has been made. Interest is chargeable from the date of the invoice on invoices outstanding for more than 7 days at 4% per annum above Lloyds TSB Bank Base Rate from time to time in force.
PRIVACY POLICY
Because your privacy is important to us, Yakkety-Yak Multimedia Company operates by these principles:
(1) We explicitly ask when we need information that personally identifies you ("Personal Information"). For example, if you wish to register as a member of Yakkety-Yak Multimedia Company, Yakkety-Yak Multimedia Company asks you for your name and email address. We use your email address to verify your identity, protect against fraud and to contact you regarding Yakkety-Yak Multimedia Company. We provide your Personal Information to necessary third-party service providers when you reserve or purchase services through the Yakkety-Yak Multimedia Company service on our web site. We also use your Personal Information to operate Yakkety-Yak Multimedia Company and, occasionally, to inform you of new features, services, and products from Yakkety-Yak Multimedia Company.
(2) Yakkety-Yak Multimedia Company may use your personal information to send you information on company updates, other services and products available from Yakkety-Yak Multimedia Company and companies under our control which may be of interest to you. This information will be sent either directly to you by Yakkety-Yak Multimedia Company and companies under our control or on our behalf by third parties. We also use your email address to send you updates about your account. We may use URL information we collect to help direct advertising to you that is more likely to be of interest to you. Yakkety-Yak Multimedia Company use your IP address to help diagnose problems with our server and to administer Yakkety-Yak Multimedia Company Your IP address is also used to gather broad demographic information.
(3)
Yakkety-Yak Multimedia Company may disclose Personal Information if required
to do so by law or in the good-faith belief that such action is necessary
to
(a) conform to the edicts of the law or comply with legal process served
on Yakkety-Yak Multimedia Company or the site;
(b) protect and defend the rights or property of Yakkety-Yak Multimedia
Company the site or the users of, and
(c) act under exigent circumstances to protect the personal safety of
users of Yakkety-Yak Multimedia Company, the site or the public.
(4) At present, Yakkety-Yak Multimedia Company centralises its records of Personal Information for all Yakkety-Yak Multimedia Company operations, including Yakkety-Yak Multimedia Company, in the World. As a consequence Yakkety-Yak Multimedia Company may perform some of its data processing of your Personal Information outside of the United Kingdom, for example in the United States. To do this, Yakkety-Yak Multimedia Company may transfer your Personal Information internationally to other countries including the United States. Some of the countries may have laws that protect your Personal Information, some may not. Yakkety-Yak Multimedia Company will protect your Personal Information no matter where we process or store your data by following this privacy statement. By becoming a member of Yakkety-Yak Multimedia Company you give your consent to this transfer of your Personal Information.
(5) To make sure that your Personal Information for your member registration is correct and current, you may review and update your customer information at any time.
PERSONAL and NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
COPYRIGHT and TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2002 Yakkety-Yak Multimedia Company. All rights reserved. Yakkety-Yak Multimedia Company and Yakkety Yak Multimedia logos are all trademarks or registered trademarks of Yakkety-Yak Multimedia Company, Windows, Windows NT, MSN, The Microsoft Network, and other names of Microsoft products and/or services referenced herein are trademarks or registered trademarks of Microsoft Corporation. Other product and company names mentioned herein may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YAKKETY-YAK MULTIMEDIA COMPANY. ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. YAKKETY-YAK MULTIMEDIA COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. YAKKETY-YAK MULTIMEDIA COMPANY SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEB SITE. YAKKETY-YAK MULTIMEDIA COMPANY, ITS AFFILIATES, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES, AND CONDITIONS, OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL YAKKETY-YAK MULTIMEDIA COMPANY, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, SAVINGS OR OPPORTUNITIES), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF YAKKETY-YAK MULTIMEDIA COMPANY., ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES. YAKKETY-YAK MULTIMEDIA COMPANY., ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS SHALL BE LIABLE FOR DIRECT LOSS ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of this Web site, you warrant to Yakkety-Yak Multimedia Company that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS to THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than Yakkety-Yak Multimedia Company. Such hyperlinks are provided for your reference only. Yakkety-Yak Multimedia Company does not control such Web sites and is not responsible for their contents. Yakkety-Yak Multimedia Company's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
USE of BULLETIN BOARD, CHAT ROOMS, and other COMMUNICATION FORUMS
If this Web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
(1) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(2) Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
(3) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
(4) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
(5) Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
(6) Falsify the origin or source of software or other material contained in a file that is uploaded.
(7) Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
(8) Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Yakkety-Yak Multimedia Company, and such communications shall not be considered reviewed, screened, or approved by Yakkety-Yak Multimedia Company. Yakkety-Yak Multimedia Company reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. Yakkety-Yak Multimedia Company reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
SOFTWARE AVAILABLE on this WEB SITE
Any software that is made available to download from this Web site ("Software") is the copyrighted work of Yakkety-Yak Multimedia Company and/or its affiliates and/or suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install, copy or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Yakkety-Yak Multimedia Company hereby grants to you, the user, a personal, non-transferable licence to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this licence. Please note that all Software, including without limitation all HTML code, Active X controls and other script contained in this Web site, is owned by Yakkety-Yak Multimedia Company and/or its suppliers and is protected by copyright laws and international treaty provisions. You may only make copies of the Software for backup or archival purposes. Any other reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not reverse engineer, de-compile or disassemble the Software except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTIED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control laws and both European regulations and the regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to European and U.S.A. export restrictions.
MODIFICATION of these TERMS and CONDITIONS
Yakkety Yak Multimedia Company reserves the right to change the terms, conditions, and notices under which this Web site is offered.
GENERAL
This agreement is governed by the laws of England and Wales. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Yakkety-Yak Multimedia Company may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Yakkety-Yak Multimedia Company as a result of this agreement or use of this Web site. Yakkety-Yak Multimedia Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Yakkety-Yak's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Yakkety-Yak Multimedia Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and Yakkety-Yak Multimedia Company with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Yakkety-Yak Multimedia Company with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and / or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
ARTISTS TERMS and CONDITIONS
The use of services provided by Yakkety-Yak Multimedia Company Ltd is at the subscriber's own risk. Yakkety-Yak Multimedia Company Ltd provide services on an "as is" basis without warranty of any kind, either expressed or implied, including but not limited to warranties of title or non-infringement or warranties that the services provided by Yakkety-Yak Multimedia Company Ltd are free from defects, merchantable or fit for a particular purpose. This disclaimer of warranty constitutes an essential part of this agreement.
Offers of work to the Artist will be communicated to Yakkety-Yak Multimedia Company Ltd, the Artist or the Artists Agency by the Database User (normally a Producer, Production Company or Casting Director). Yakkety-Yak Multimedia Company Ltd undertakes to use all reasonable endeavours to promote the Database. However, Yakkety-Yak Multimedia Company Ltd cannot guarantee the number of times that the Artist's entry will be reviewed by users of the database nor the amount of work the Artist may obtain as a result of the entry on the Database. Yakkety-Yak Multimedia Company Ltd takes part in communication between the Database User (normally a Producer, Production Company or Casting Director) and the Artist, the Artist directly or contact the Agency representing the Artist, depending on whether the artist is freelance or agency represented.
Yakkety-Yak Multimedia Company Ltd make no warranty that the services will meet Artist's requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does Yakkety-Yak Multimedia Company Ltd make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the services will be corrected.
Yakkety-Yak Multimedia Company Ltd reserves the right to vet all applicants wishing to join the Yakkety-Yak Multimedia Company Ltd service. This may include, but is not limited to requesting character references from people involved in the TV, Theatrical, Games & Film Industries. Yakkety-Yak Multimedia Company Ltd reserves the right to refuse membership to its services. In the event of refusing an application, Yakkety-Yak Multimedia Company Ltd will refund the submitted fee. Yakkety-Yak Multimedia Company Ltd will not enter into discussion as to why an application has been refused. The decision to refuse an application is final.
The Artist grants to Yakkety-Yak Multimedia Company Ltd all necessary performer consents including consent under the Performers Protection Act 1968 and otherwise (the Artists signature on the application form being deemed to be his / her written consent for this purpose) to enable Yakkety-Yak Multimedia Company Ltd to distribute the Artists entry.
In no event will Yakkety-Yak Multimedia Company Ltd or its employees, distributors, distributees, suppliers, business associates, advertisers, directors or agents (collectively "affiliates") be liable for any indirect, special, incidental or consequential damages arising out of the use, installation or the inability to use Yakkety-Yak Multimedia Company Ltd, even if Yakkety-Yak Multimedia Company Ltd or its affiliates have been advised of the possibility of such damages. In any event, the entire liability of Yakkety-Yak Multimedia Company Ltd under this agreement shall not exceed the revenue received by Yakkety-Yak Multimedia Company Ltd (if any) attributable to the subscriber's use of Yakkety-Yak Multimedia Company Ltd services or website.
The Artist may terminate this Agreement at any time by notifying Yakkety-Yak Multimedia Company Ltd in writing to the above address. Yakkety-Yak Multimedia Company Ltd may terminate this Agreement at any time for any reason, with or without prior notice. No refunds will be issued and Yakkety-Yak Multimedia Company Ltd shall have no further liability to the Artist whatsoever.
Should the Artist object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied in any way with the services provided by Yakkety-Yak Multimedia Company Ltd, the Artist's only recourse is to discontinue immediately use of the Services. Without restricting the ability of Yakkety-Yak Multimedia Company Ltd to rely on other remedies that may be available, Yakkety-Yak Multimedia Company Ltd will suspend or terminate the Artist's account at their absolute discretion if: Yakkety-Yak Multimedia Company Ltd suspects the Artist is breaching any term of this Agreement or that the Artist is acting in a manner that is detrimental to the conduct of Yakkety-Yak Multimedia Company LtdÕs business.
Yakkety-Yak Multimedia Company Ltd reserves the right of sole discretion to modify or discontinue the services offered by it, or any portion thereof, at any time, with or without notice to the Artist. Yakkety-Yak Multimedia Company Ltd shall not be liable to the Artist or any third party should Yakkety-Yak Multimedia Company Ltd exercise its right to modify or discontinue the services offered by it. No refunds will be granted to Artists in this instance.
The Artist undertakes when working for the Database User (normally a production company) as far as possible to comply with the punctuality and other reasonable requirements of the database user and to conduct themselves in a proper and professional manner. If Yakkety-Yak Multimedia Company Ltd obtains any complaints in relation to the work of the Artist whether arising out of failure to turn up, punctuality, and conduct or otherwise, Yakkety-Yak Multimedia Company Ltd shall be entitled to decide to remove the Artist from the Database. This decision shall be final. No refund of any fees paid will be made in such an event.
Yakkety-Yak Multimedia Company Ltd will keep the Artists entry on the Database for a period of one year. Yakkety-Yak Multimedia Company Ltd reserves the right to terminate Artists accounts following the expiry of the subscription period and to delete all information and files on these accounts if the Artist does not renew the subscription. The Artist can renew the subscription within 14 days, following the expiry date of the subscription period.
Offers of work to the Artist will be communicated to Yakkety-Yak Multimedia Company Ltd, the Artist or the Artists Agency by the Database User (normally a Production Company or Casting Director). Yakkety-Yak Multimedia Company Ltd undertakes to use all reasonable endeavours to promote the Database. However, Yakkety-Yak Multimedia Company Ltd cannot guarantee the number of times that the Artist's entry will be reviewed by users of the database nor the amount of work the Artist may obtain as a result of the entry on the Database.
Yakkety-Yak Multimedia Company Ltd takes part in communication between the Database User (normally a Production Company or Casting Director) and the Artist, the Artist directly or contact the Agency representing the Artist, depending on whether the artist is freelance or agency represented. In order for Yakkety-Yak Multimedia Company Ltds product offering to function properly, the Agency contact details of Artists that are represented by an agency will be available to users of the database. In the case of Freelance Artists, an email forwarder will be set up in order for them to be contacted.
The Artists personal email address will not be displayed, although email messages will be delivered directly to the email address belonging to the artist or belonging to the Parent / Guardian of the artist. Artists must decide whether they would like to make their profile page available to all users of the service or restrict the viewing of their profile page to registered users only. In the latter case, Industry Personnel must register with us in order to receive a username and password. Once they have logged in, the artists profile page would be available to them and such users are entitled to share such information (including, without limitation, by forwarding portfolio URLs containing portfolio information, which forwarded portfolio URLs will be accessible to persons other than the users) for project specific professional purposes.
Yakkety-Yak Multimedia Company Ltd shall use all reasonable endeavours to ensure that only third parties with the intent to recruit artists for particular productions will be registered on the Database. On registration you are requested to submit at least 1 photograph, 1 audio voice clip or 1 video clip. It is compulsory to submit 1 of these. All photo/audio/video clips are checked on being uploaded to the site. No photo/audio/video clips other than your own personal material and personal photos clearly displaying your face, audio clips of your voice or videos, other than those displaying the Artist or persons who contributed to or appear in your materials will be permitted on the site.
The person submitting the photo/audio/video clip must either own the copyright or have permission to submit the material. Submissions of poor quality, or which are deemed offensive, violent or obscene, will be removed. Yakkety-Yak Multimedia Company Ltd reserves the right to reject or remove any Submissions that do not comply with these Terms or where we judge the Submissions not to be of a good standard. If you submit a photo/audio/video clip by post, you agree to take full responsibility for the Submission and in no way can or will Yakkety-Yak Multimedia Company Ltd be liable for the said photo/audio/video clip. You grant Yakkety-Yak Multimedia Company Ltd permission to use your photo/audio/video clip anywhere on the Site or in on any literature, brochures, letters and any other material of a marketing or sales nature, which Yakkety-Yak Multimedia Company Ltd may commission or use from time to time. Yakkety-Yak Multimedia Company Ltd accepts no responsibility and shall not be liable for any consequences that are alleged to have occurred through the Artist's use, or misuse, of the services provided by Yakkety-Yak Multimedia Company Ltd.
We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all parts or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend, or discontinue all aspects or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected time frames associated with any Yakkety-Yak Multimedia Company Ltd Music programme. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction to or damage of our facilities, an act of God, war, civil disturbance, or other cause beyond our reasonable control.
MUSIC TERMS and CONDITIONS
Yakkety-Yak Multimedia Company Ltd Music provides a centralised location where artists may submit new materials to Yakkety-Yak Multimedia Company Ltd for evaluation. Properly submitted materials will be included in the Yakkety-Yak Multimedia Company Ltd Music library, subject to these terms, conditions, and notices (these "Terms").
Your use of Yakkety-Yak Multimedia Company Ltd Music (the "Service") is based on your acceptance, without modification, of these Terms. We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future change to these Terms is not acceptable to you, you may request that we remove your materials from our live sites by contacting us through our support form.
We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all parts or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend, or discontinue all aspects or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected time frames associated with any Yakkety-Yak Multimedia Company Ltd Music program. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction to or damage of our facilities, an act of God, war, civil disturbance, or other cause beyond our reasonable control.
Submission
Requirements
Submitting materials to the Service does not guarantee that we will include
them in our music library or place them on Yakkety-Yak Multimedia Company
Ltd Music. For this reason, it is important that you become familiar with
the Submission Requirements we have developed to assist artists during
the submission process.
Your
content
By submitting material to the Service, you represent and warrant that:
Yakkety-Yak Multimedia Company Ltd, our customers, and our licensees shall
not be required to make any payments with respect to material that you
submit to our sites under these Terms, including but not limited to payments
to you, third parties, music publishers, mechanical rights agents, performance
rights societies, persons who contributed to or appear in your materials,
your licensors, unions, or guilds; you have full right and power to enter
into and perform under these Terms, and have secured all third-party consents,
licenses, and permissions necessary to enter into and perform under these
Terms; the material that you submit to our sites does not contain "samples"
of any third partys sound recording or musical composition and will not
infringe on any third partys copyright, patent, trademark, trade secret,
or other proprietary right, rights of publicity or privacy, or moral rights;
the material that you submit is not and will not violate any law, statute,
ordinance, or regulation; and the material that you submit is not and
will not be defamatory, trade libellous, pornographic, or obscene. By
submitting sound recordings or musical compositions or other audio and
/ or audio-visual content to us, you grant us and our business partners
a worldwide, royalty-free, nonexclusive, license to: host your materials
on our website and those of our business partners; display your materials
to Yakkety-Yak Multimedia Company Ltd users on our Web sites and our business
partners Web sites, in whole or in part, alone or in compilation with
content provided by third parties; make your material accessible to Yakkety-Yak
Multimedia Company Ltd users and those of our business partners as audio
streams; make your material accessible, at your discretion, to Yakkety-Yak
Multimedia Company Ltd users and those of our business partners for download;
copy your materials to our servers or those of our business partners;
re-encode your materials; edit your materials (but not your music) to
ensure that they comply with our policies and guidelines; use any trademarks,
service marks, or trade names incorporated into your material and use
the likeness of any individual whose performance or image is contained
in your material. We do not have the right to sublicense your audio-visual
materials other than as necessary to syndicate our sites to our business
partners.
Protecting your password and subscription
You agree to provide true, accurate, current, and complete information
about yourself as requested in the Service's registration process and
to update your information. You may not reveal your subscription password
to anyone else and you may not use anyone elses password. You are responsible
for maintaining the confidentiality of your subscription account and password.
Unauthorised access to the Service is a breach of these Terms and a violation
of the law.
Requests
for removal of listings within the Yakkety-Yak Multimedia Company Ltd
Music library
If you believe material you own has been copied and made accessible in
a manner that violates your intellectual property rights, or if you would
like us to investigate an alleged breach of a copyright, please follow
the instructions contained We will review such submissions on a case-by-case
basis. We are not in a position to arbitrate Trademark disputes among
artists and we encourage you to resolve Trademark disputes directly with
the artist who may be infringing your Trademark. In all cases, we may,
at our sole discretion, decide to remove any products involved while a
dispute is being settled. You agree that we may provide the alleged infringing
party with your e-mail address so that that person can respond to your
allegations.
Your
conduct on the Service
Certain material that you submit may, in our sole discretion, also become
available to certain of our business partners around the world in addition
to appearing on Yakkety-Yak Multimedia Company Ltd Artist page. If we
discover that you have manipulated the data or statistics for certain
materials, we reserve the right to remove the product from the Yakkety-Yak
Multimedia Company Ltd Music library and from Yakkety-Yak Multimedia Company
Ltd Artist page. The content on the Service is intended for your personal,
non-commercial use. All materials published on the Service, including
but not limited to photographs, graphics, images, illustrations, sound
and video clips and Flash animation are protected by copyright. You may
not modify, publish, transmit, participate in the transfer or sale of,
reproduce, create new works from, distribute, perform, display, or in
any way exploit any of the materials or content of the Service in whole
or in part. If the Service contains bulletin-board services, chat areas,
newsgroups, forums, communities, and/or message or communication facilities
(collectively, the "Forums"), you agree to use any Forum only to send
and receive messages and material that are proper and related to that
particular Forum.
Without limiting the foregoing, you agree that you will not: use the Service in an illegal manner; defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, username, or any other material which might otherwise subject Yakkety-Yak Multimedia Company Ltd to public disparagement or scorn; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; advertise or offer to sell any goods or services for any commercial purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Forum that you know or reasonably should know cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded; or restrict or inhibit any other user from using and enjoying the Forum. We reserve the right to automatically change your username, delete your posts, terminate your access to any or all of the Forums, remove your artist record from the Service, or use any combination of these options at any time without notice for any reason whatsoever.
Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court, and law-enforcement requests, or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
Legal policies and notices
You hereby agree to indemnify, defend, and hold Yakkety-Yak Multimedia
Company Ltd and all of our officers, directors, owners, agents, information
providers, affiliates, and licensors (collectively, the "Yakkety-Yak Multimedia
Company Ltd Parties") harmless from and against any and all liability,
losses, costs, and expenses (including legal fees) incurred by any Yakkety-Yak
Multimedia Company Ltd Party in connection with any claim arising out
of (1) any use or alleged use of your account or password by any person,
whether or not authorised by you, (2) any claim arising out of the material
you submit to the Service, including but not limited to claims for defamation,
violation of rights of publicity and/or privacy, copyright infringement,
trademark infringement, and any claim or liability relating to the content,
quality, or performance of materials you submit to the Service. We reserve
the right, at our own expense, to assume the exclusive defence and control
of any matter otherwise subject to indemnification by you, and in such
case you agree to cooperate with our defence of such claim. We disclaim
any responsibility for the deletion, failure to store, or untimely delivery
of any information or material.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.
These Terms shall be construed in accordance with the laws of the United Kingdom. These Terms constitute the entire agreement between you and Yakkety-Yak Multimedia Company Ltd with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Making
Purchases
If you wish to purchase products or services described on this website,
you may be asked to supply certain information including credit card or
other payment information. You agree that all information that you provide
will be accurate, complete, and current. You agree to pay all charges,
including shipping and handling charges, incurred by users of your credit
card or other payment mechanism at the prices in effect when such charges
are incurred. You will also be responsible for paying any applicable taxes
relating to your purchases.
All editorial content and graphics on our sites are protected by copyright, international treaties, and other applicable copyright laws and may not be copied without the express permission of Yakkety-Yak Multimedia Company Ltd, which reserves all rights. Reuse of any of Yakkety-Yak Multimedia Company Ltd editorial content and graphics for any purpose without Yakkety-Yak Multimedia Company Ltd' permission is strictly prohibited. Permission to use Yakkety-Yak Multimedia Company Ltd content is granted on a case-by-case basis. Yakkety-Yak Multimedia Company Ltd welcomes requests. Please visit our Permissions and Reprints page to submit a request. DO NOT copy or adapt the HTML or other code that Yakkety-Yak Multimedia Company Ltd creates to generate pages. It also is covered by Yakkety-Yak Multimedia Company Ltd copyright.
As
a regular part of our business, Yakkety-Yak Multimedia Company Ltd displays
advertisements and product listings from a wide variety of companies.
Yakkety-Yak Multimedia Company Ltd is not in a position to arbitrate disputes
between the owners of intellectual property rights and companies who advertise
or list their products on our sites. As a courtesy to owners of intellectual
property rights, we are willing to perform a limited investigation of
reasonable complaints. However, we provide no guarantee that we will remove
the allegedly infringing materials from our site. We encourage the owners
of intellectual property rights who believe their rights are being infringed
by a company who advertises or lists its products on our site to resolve
their disputes directly with that company. If you believe that your rights
have been violated If you believe that your intellectual property rights
have been violated by Yakkety-Yak Multimedia Company Ltd or by a third
party who has included material on our sites, please provide the following
information to the Yakkety-Yak Multimedia Company Ltd-designated copyright
agent listed below:
1. A description of the copyrighted work or other intellectual property
that you claim has been infringed;
2. A description of where the material that you claim is infringing is
located on the site;
3. An address, a telephone number, and an e-mail address where Yakkety-Yak
Multimedia Company Ltd can contact you and, if different, an e-mail address
where the alleged infringing party, if not Yakkety-Yak Multimedia Company
Ltd, can contact you;
4. A statement that you have a good-faith belief that the use is not authorised
by the copyright or other intellectual property rights owner, by its agent,
or by law;
5. A statement by you under penalty of perjury that the information in
your notice is accurate and that you are the copyright or intellectual
property owner or are authorised to act on the owner's behalf;
6. Your electronic or physical signature.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. If your materials have been removed based on the complaints of another party Yakkety-Yak Multimedia Company Ltd will provide you with notice if your materials are removed due to alleged infringement of a third party's intellectual property rights. We will also provide you with the e-mail address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved. If you believe your copyright material is being used on this Web site without permission, please notify the designated agent at: Violation IPR Agent Yakkety-Yak Multimediia Company Ltd 9 Denton Road Stevenage Hertfordshire SG1 1SX UK
Personal
/ non commercial use
You may download, reformat, and print a limited amount of Yakkety-Yak
Multimedia Company Ltd content for your personal, non commercial use.
You may also include excerpts or limited portions of Yakkety-Yak Multimedia
Company Ltd' information in printed memos, reports, and presentations.
We ask only that you attribute this information to us by including "Used
with permission from Yakkety-Yak Multimedia Company Ltd, Copyright 2006.
All rights reserved.
Links online
You may link from another site to Yakkety-Yak Multimedia Company Ltd online
content, including reviews, articles, features, video and audio clips.
Other
reproductions
Any other reproduction of Yakkety-Yak Multimedia Company Ltd' content
requires permission from us, and some forms of reproduction will require
you to pay a licensing fee. All commercial uses of Yakkety-Yak Multimedia
Company Ltd' content require our permission, including the following:
Use of Yakkety-Yak Multimedia Company Ltd' content in advertisements or
promotions; Use of Yakkety-Yak Multimedia Company Ltd' trademarks or logos
(excluding award logos); Use of quotes, excerpts, or full text of Yakkety-Yak
Multimedia Company Ltd' reviews, articles, or features; Yakkety-Yak Multimedia
Company Ltd does not allow the reposting of its online content (including
video, audio, text, graphics, layout, and code) on a Web site or a public
discussion board except in the case of a specific licensing agreement
(see further details on video and audio usage below).
How
to get permission
For information regarding hard-copy reprints, contact: Reprints@yakkety-yakmultimedia.com
In all cases, if permission is granted, stories must be reproduced in
their entirety, unedited, and accompanied by the following copyright statement
and credit: "Used with permission from Yakkety-Yak Multimedia Company
Ltd, Copyright 2006. All rights reserved." Note: text, photos, graphics,
audio and/or video material provided via third parties, such as Reuters,
shall not be published, broadcast, rewritten for broadcast or publication,
or redistributed directly or indirectly in any medium. Neither third-party
materials nor any portion thereof may be stored in a computer except for
personal and non commercial use. Third parties will not be held liable
for any delays, inaccuracies, errors, or omissions or in the transmission
or delivery of all or any part thereof or any damages arising from any
of the foregoing. Yakkety-Yak Multimedia Company Ltd
Permisiion
for use
Yakkety-Yak Multimedia Company Ltd video clips and Webcasts policy Commercial
use Yakkety-Yak Multimedia Company Ltd broadband video clips and Webcasts
are available for commercial, non broadcast, and offline uses. Copies
of video clips and Webcasts are available in VHS Video, CD & DVD Master
and may be purchased through the permissions@ Yakkety-Yak Multimedia Company
Ltd.
Links
You may link to video clips and Webcasts on Yakkety-Yak Multimedia Company
Ltd sites. Note: We do not allow the rebroadcast of any Yakkety-Yak Multimedia
Company Ltd video clips or Webcasts online. All Yakkety-Yak Multimedia
Company Ltd video clips and Webcasts are protected by copyright and international
treaties and may not be copied without the express permission of Yakkety-Yak
Multimedia Company Ltd.
Permissions
request form
If you are interested in ordering reprints or using Yakkety-Yak Multimedia
Company Ltd copyrighted materials, please forward an e-mail requesting
the relevant information to permission@yakkety-yakmultimedia.com.
OTHER ACKNOWLEDGMENT
Images on this site are incorporated for viewing purposes only and may not be saved or downloaded in any format. Yakkety-Yak Multimedia Company copyright work will be protected overseas automatically in the same way that it is automatically protected in the UK. The UK is a member of several international conventions in this field, notably the Berne Convention for the Protection of Literary and Artistic Works, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (both of which are conventions administered by the World Intellectual Property Organisation (WIPO), and the Universal Copyright Convention (UCC), which is administered by the United Nations Educational, Scientific and Cultural Organization (UNESCO). Copyright material created by UK nationals or residents and falling within the scope of one of these conventions is automatically protected in each member country of the convention by the national law of that country. Yakkety-Yak Multimedia Company copyright work all shows the mark of the international © symbol. Intellectual property, often known as IP, allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. Other IP Rights Although copyright, designs, patents and trademarks provide a range of IP protection, there are a number of other forms of IP and subjects related to IP: rights in performances for performers and those making recordings of performances protection for trade secrets under confidentiality agreements database right for some types of database (other types may be protected by copyright) protection for semi-conductor topographies plant breeders' rights in plant varieties protection for geographical indications of origin protection of conditional access technology for broadcasts and other transmission protection against unfair competition under "passing off" law publication right for first publication of material in which copyright has expired protection against circumvention of copy protection devices In some countries, the rights of the producers of sound recordings and broadcasters are known as neighbouring or related rights. In the UK producers and broadcasters get copyright protection in their material.
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