TERMS AND CONDITIONS OF USE
As amended 1st June 2012.
This service is provided by TFC International Limited (“TFC” or “we” or “us”).
TFC is committed to providing an excellent user experience. In order to provide this website and our digital content services to you, you must agree to be bound by the following terms which form a legally binding contract between TFC and you.
1 ACCEPTANCE OF TERMS
1.1 Access to our Sites. Your access to and use of any TFC websites and any other site powered by TFC for third parties (collectively the “Website”) and any Services referred to in Section 2, is subject to these Terms and Conditions. Your use of the Website may also be subject to:
(a) terms relating to your membership of any customer loyalty programme, through which access to the Website is made available to you; and
(b) any additional terms and conditions (including licence terms) which apply specifically to particular items of content available via the Website, which will be made known to you by the relevant licensor at the time of your accessing that content (please see Section 8.4 for more detail).
Both of these are referred to as “Additional Terms”.
Please ensure that you have read and understand these Terms and Conditions and any Additional Terms that apply to your use of the Websites and Services.
1.2 Acceptance. You agree to not use the Website or Services for any purpose that is unlawful or that is prohibited by these Terms and Conditions or any Additional Terms. By using the Website or Services you are fully accepting these Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using the Website and Services.
1.3 Right to Amend Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate the effective date at the top, but will not notify you directly of any change. If you do not agree to (or cannot comply with) the Terms and Conditions as amended, you should immediately stop using the Website and Services. TFC shall not be obliged to make any other remedy available to you. You should regularly review these Terms and Conditions so that you are aware of any changes. Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Terms and Conditions. Any Content which you have accessed previously will be subject to the provisions of the Terms and Conditions as they were at the date you accessed that Content.
2 THE SERVICES
2.1 Services. The Website provides digital media download and streaming services (the “Services”) designed to enable you to access and purchase or redeem legal digital content (the “Content”). The Content may be transferred to you from third party websites, by third party content suppliers acting on TFC’s instructions. The Services are for your own personal and non-commercial use and you are not authorized to make any copies of any downloads or streams other than for personal use.
2.2 You may access the Services by redeeming points or vouchers issued to you by TFC or by another customer loyalty programme operator on whose behalf we operate the Website you wish to access. Points or vouchers issued by TFC (which may be called “ClubCoins”) are subject to an expiry date (which will have been made known to you at the time they were issued). You cannot use any TFC points or vouchers after their expiry date, and we will be under no obligation to honour them or to provide any cash equivalent if they are not redeemed before their expiry date. Points or vouchers issued by any third party for whom we operate a Website will be subject to the terms and conditions governing the loyalty programme under which they were issued, and may also be valid for a limited period of time only. You should check with the operator of that scheme for when you must use any such vouchers or points by.
2.3 Vouchers or points accepted on our Websites may be used for accessing the Services and redeemed for purchasing the Content only. We will not provide any cash equivalent or any other services or products in exchange for vouchers or points.
3 OBJECTIONABLE MATERIAL
3.1 Objectionable Material. You understand that by using the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. TFC will endeavour to label any such Content with age ratings, but you agree to use the Service at your sole risk and TFC will not be liable to you for Content that may be found to be offensive, indecent, or objectionable. TFC does not guarantee the accuracy of any descriptions provided on our Website.
4 CHILD SUPERVISION
4.1 Accessing the Website. We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website should supervise such access and use. It is your responsibility to determine which if any portions of the Website are suitable for your child to access.
5 AGE RESTRICTION TO REGISTER FOR SERVICES
5.1 Registering for the Services. You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these Terms and Conditions to your parent or legal guardian, and he or she may consent on your behalf.
5.2 Minimum Age. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that:
(a) you have read, understood and agree to be bound by these Terms and Conditions; and
(b) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.
5.3 Full Access. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services and Content. It is therefore your responsibility to determine which Services and Content are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for your child’s use of the Website and Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these Terms and Conditions, do not register and do not attempt to access the Service.
6.1 Personal Information. We recognize that the importance of your privacy and your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously. We obtain information about you from the following sources:
(a) If you register for any of the Services you will be asked to provide basic personal information, including yourself, including your name, email address, [insert other information which users are asked to provide].
(b) You may also supply us with additional information about yourself if you contact us with a query or complaint about the Services or Content.
(c) We may hold competitions in connection with the Service, or in partnership with one or more of our partners or sponsors, as part of which, we may request contact information from you when you enter. We will use the information you provide to conduct the competitions and for other purposes to which you consent. If we offer competitions with third parties, we may share the information we obtain from you with them. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to participate in the applicable competition.
(d) If you pay TFC for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. We will also store your payment card information (eg your credit card details) to speed up transactions if you return to our sites. This information is stored in compliance with applicable industry security standards (PCI-DSS)
(e) If you redeem a voucher which has been issued by TFC, its partners or sponsors to pay for Services, you may be required to provide additional personal information which may be shared with a third party. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to use the voucher.
6.2 Use of your personal information. Because TFC operates a number of different versions of the Website, this may change depending on which version of the Website you are accessing, so please read the relevant sections below.
If you are accessing www.thefirstclub.com:
(a) TFC will be the data controller of your information, and will be responsible for ensuring that it is used in accordance with applicable laws and these Terms and Conditions.
(b) The information is used for the following purposes:
(i) facilitating provision of the Services to you, including the processing of any payment information or personal information associated with vouchers you use. This may involve sharing your personal information with our third party Content suppliers and our technology providers. We take steps to ensure that use of your personal information by those third parties is in compliance with these Terms and Conditions.
(ii) notifying you of changes or updates to the Website and Services;
(iii) keeping you informed about our Website and Services, or those of our selected partners, in accordance with section 6.2(d) below;
(iv) communicating with you regarding any query or complaint you raise; and
(v) if TFC or all or part of its business is acquired by a third party, information about you may be disclosed to a third party in the course of such acquisition.
(c) TFC will never sell, rent or otherwise disclose any of your personal information, to any third party other than those described above without your consent. In certain circumstances however, we may be required by applicable laws to disclose information about you to investigatory, regulatory or law enforcement bodies.
(a) Communications from Us and Mailing Lists. In order to keep our users informed about the operation of our Website and Services, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists. We may also allow you to choose whether to receive mailings from record labels and other promotional partners that we think will be of interest to you. Any promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list.
(b) Location of your information. Your information will be stored on secure servers located in the United States. TFC is an international company, and so that information may be accessible to TFC employees and contractors located in other countries outside the European Economic Area.
For all our other Websites:
6.5 Aggregated Information. To monitor and improve the performance of our technology, we capture other data such as search criteria, results, downloads and purchases. We only share this data on an aggregate basis for instance to chart reporting companies for compilation of sales charts. We also gather information such as date, time, connection speed and IP address of all service users. We keep this information for our internal security audit log, aggregate trend analysis and system administration. We sometimes use third party service providers to help us track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analyzed on an aggregated basis solely for the purpose of internal analysis by TFC to improve the Service.
6.6 Security. TFC has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We employ SSL encryption to secure your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
7 USER ACCOUNT, PASSWORD AND SECURITY
7.1 Password Security. If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any use of the Website and Services using your username and password, including all financial charges and legal liability that are incurred. We recommend that you change your password from time to time for additional security. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to notify us and set up a new password.
7.2 Unauthorised Access. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will TFC be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the Website using your username and password is either you or someone doing so with your permission.
8 USAGE RULES
8.1 Use of Content. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. TFC will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
8.2 Digital Rights Management. You understand that some of the Content includes a security framework using technology that protects digital information and limits your usage of the Content to certain usage rules established by TFC and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
8.3 Previews. A “Preview” is a portion of the available Content, or in some cases, an entire song or video or other item of Content that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
8.4 Content Usage Rules.
Certain Content available using our Website is subject to additional licensing terms and Usage Rules, as set forth by the relevant owner or licensor of that Content (“Licensor Terms”). For example, if you wish to download software via the Services, your use of that software will be subject to an End User Licence Agreement which you will be asked to accept when you first install the software on your computer or device. You agree that, where that is the case, your use of the Content is subject to both: (a) these Terms and Conditions; and (b) any applicable Licensor Terms. In the event of any inconsistency between the two, the applicable Licensor Terms shall prevail.
(a) Ownership of any Content accessed by you remains with the relevant owner or licensor. You do not own any Content which you download or access, and your rights are limited to a licence to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment, public play-back, or sublicense, to the extent permitted by law, and strictly subject to these Terms and Conditions and any Licensor Terms.
(b) Additional usage rules are set out in the Annex to these Terms and Conditions.
(c) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content.
(d) The delivery of Content does not transfer to you any commercial or promotional use rights in the Content.
8.5 You agree that your redemption of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules and any Licensor Terms, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. The Usage Rules and any Licensor Terms shall govern your rights with respect to the Content. TFC reserves the right to modify the Usage Rules at any time.
8.6 Use of the Website/Services. You agree not to:
(a) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(b) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(c) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(d) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(e) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(f) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(g) collect or store personal information about others, including email addresses;
(h) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(i) impersonate any person or entity for the purpose of misleading others;
(j) violate any applicable laws or regulations;
(k) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party\s use and enjoyment of the Website/Services;
(l) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(m) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
8.7 Monitoring. We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
9.1 Termination by us. We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website and/or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website and/or Services.
9.2 Termination by you. If you wish to discontinue your use of the Website and/or Services, you may do so at any time by no longer accessing the Website. You can request for us to delete any account you hold with us by contacting us using the details set out at Section 19 of these Terms and Conditions.
10.1 Equipment. Without limiting any provision in these Terms and Conditions, TFC makes no warranty that any particular computer, portable device, operating system, or other hardware or software will be compatible with TFC’s Website or Services, or any Content. It is your sole responsibility to ensure that any Content you access via the Services will function correctly on your computer or device.
11 REFUND POLICY
11.1 Due to the nature of the Services, all sales of Content are final and all charges from those sales are non-refundable. You are not able to cancel any redemptions of downloads after you have confirmed your acceptance to proceed. Downloads may not be returned for any reason unless they are defective. Where any Content is defective, TFC shall provide replacement Content for you, or (at its discretion) provide a refund or credit for other Content, subject always to your rights under applicable consumer protection laws. Our obligation to refund or replace any defective Content sets out our entire liability in respect of defective or faulty Content.
12 LINKS TO THIRD PARTY WEBSITES
12.1 Links on the Websites. The Website and Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that TFC is not responsible for the content or availability of any such sites.
13 INTERNATIONAL USE
13.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
13.2 Some of the Content is restricted by territory. Where required, to conclude the redemption of any such restricted products, you will be required to provide an address in the relevant territory. You agree not circumvent any territorial restrictions in place on the Website or Services or provide false information.
14 INTELLECTUAL PROPERTY RIGHTS
14.1 Intellectual Property. The Website and its content (including without limitation the Content, the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website, you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
14.2 Posted Material. TFC does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as you elect to display such content via the Services. The licence shall be terminated when such content is deleted from the Services.
15.1 You agree to indemnify and hold TFC harmless from and against any breach by you of these Terms and Conditions, including any Usage Rules or Additional Terms, and any claim or demand brought against TFC by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by TFC in consequence of any such breach by you.
16 DISCLAIMERS AND LIMITATION OF LIABILITY
16.1 Use of the Website and Services is at your own risk. The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
16.2 TFC makes no warranty that the Website or Services will meet your requirements, that Content will be accurate or reliable, that the functionality and availability of the Website or Services will be uninterrupted or error free, that defects will be corrected or that the Website or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
16.3 To the extent permitted by law, TFC will not be liable for any loss of damage that you suffer that was not directly caused by TFC’s breach of its obligations to you (as set out in these Terms and Conditions) or its negligence. In respect of all other liability to you, the maximum amount that TFC shall be liable for is limited to the price paid by you for the Content to which your claim relates.
16.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of TFC for death or personal injury as a result of the negligence of TFC.
16.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
17.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
18 GOVERNING LAW
18.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
19 TFC CONTACT DETAILS
TFC International Limited
Registered office at Martlet House, Yeoman Way, Worthing BN13 3QZ, United Kingdom.
Registered No. 06977856.
Additional Usage Rules
If you are accessing music Content from our Website:
(a) You are authorised to use the Content on up to five authorised devices at any time. TFC reserves the right to limit the number of authorised devices further and the number of authorised downloads to comply with the wishes of its licensors.
(b) You may not use full track music as a musical “ringer” in connection with mobile phone calls.
If you are accessing PC games and software Content from our Website:
(a) You will be provided a link which will enable you to install a downloader file onto your computer. This downloader file will, in turn, enable you to download the game or software programme of your choice onto the same computer. The downloader file will enable you to re-download the same game or software programme at a later date, onto the same computer.
(b) PC games and software may only be used on one computer, and may not be transferred from one computer onto another.
(d) Once downloaded, the game or software programme will need to be installed onto your computer. We will provide assistance as reasonably required during the download process; however we are not able to provide assistance with regards to the installation process.
If you are accessing mobile phone Content (other than music Content) from our Website:
(a) You will be sent an SMS message containing a url link, which will enable you to download the programme chosen onto your mobile phone.
(b) Mobile phone Content may only be used on one mobile device, and may not be transferred from one mobile phone onto another. Mobile phone Content contains security technology that limits the usage of such Content onto the mobile phone which was used to download such Content.
(d) Mobile phone programmes are designed to be used on specific models of mobile phones, and you will be asked to specify the make and model of your mobile phone before purchasing any mobile phone Content. Please make sure you enter this information correctly as we cannot be held responsible should such Content be downloaded on a mobile phone model for which it was not specifically designed.