CHEMICAL (UK) LIMITED

USER TERMS AND CONDITIONS

1. 1.Who We Are
   1. Company Details

      Chemical (UK) Limited trading as Chemical Records
      Unit C2, St Vincent's Trading Est.
      Feeder Road
      Bristol BS2 0UY
      Company Registration Number: 05310188
      VAT Number: 762794294

2. 2.Introduction
   1. 2.1These terms and conditions (Terms) govern your relationship with Chemical (UK) Limited (Chemical Records, we, us) when you use our online services (Services), including the services on this website (the Site).
   2. 2.2Unless we tell you otherwise, the services available on this Site are provided to you by Chemical Records.
   3. 2.3Please read these Terms carefully, since your use of this Site, including any transaction you make, is subject to these Terms (which include the information, instructions and service descriptions on the Site and our Privacy Policy).
   4. 2.4If you have any questions about these Terms please contact us using the details provided.
3. 3.Changes to these Terms
   1. 3.1We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates.
   2. 3.2You will be subject to the policies and Terms in force at the time that you use the Site or that you order goods from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
4. 4.Age Requirements
   1. 4.1Unless otherwise stated on this Site, the Services are available only for people aged 16 or older. If you are under 18, you may only use the Site with your parent or guardian's involvement and you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.
   2. 4.2We 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 Site and/or Services should supervise such access and use. By allowing your child access to the Site you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
   3. 4.3Access to certain content may carry additional age restrictions. Where such a restriction applies you will be asked to confirm that you are old enough to view or purchase the items, as applicable.
5. 5.Registration and Passwords
   1. 5.1If a particular Service requires you to register with the Site or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
   2. 5.2You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
   3. 5.3You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
   4. 5.4We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms. You may not use another person's account at any time without the express permission of the account holder.
   5. 5.5Please see our Privacy Policy for further explanation as to how we use the information we collect from you.
6. 6.Our Services
   1. 6.1Our Site allows you to:
      1. 1.purchase physical products such as vinyl records, CDs, clothing and equipment;
      2. 2.access, stream and download digital content such as music and videos;
   2. 6.2You should ensure that your computer meets the minimum technical requirements for these Services, as stated on the Site. You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to your use of the software.
   3. 6.3You need to register with the Site to make purchases. You may purchase downloads for your personal and non-commercial use only. We may withdraw products from the Site at any time.
7. 7.Making an Order
   1. 7.1Follow the onscreen instructions on the Site to make an order.
   2. 7.2Items which you select for purchase will automatically be placed in your shopping 'bag'. To remove an item from your bag, simply click on the 'remove' button next to the item as it appears in your bag.
   3. 7.3Once you have clicked the 'proceed to checkout' tab you will be asked to provide certain information to allow us to process your order (including your selected payment method and card details).
   4. 7.4You will receive an order confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order - this doesn't mean that your order has been accepted. Your order represents an offer to us to purchase an item which is accepted by us only when we send you an email (Dispatch Confirmation) confirming:
      1. 1.that your product has been dispatched (in the case of physical products)
   5. 7.5We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will immediately provide you with a refund.
8. 8.Prices and Payment
   1. 8.1Unless otherwise stated on the Site we can accept Visa, Visa Debit, Visa Electron, MasterCard, and Maestro cards for payment. In some instances, we only accept payment by bank transfer and we will advise you prior to purchase where that is the case. Prices appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices for products at any time by posting new prices on the Site, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.
   2. 8.2Prices exclude delivery charges, which will be added to the total amount due as set out in the Delivery section of our Site. Delivery charges applicable to your order will be calculated and displayed on screen prior to your payment details being taken. There are no delivery charges for downloads.
   3. 8.3It is always possible that, despite our best efforts, some of the items listed on our Site may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will usually, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
   4. 8.4By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear on your credit card or bank statement as either "Chemical- Records BRISTOL" or "Chemical (UK) Ltd"
   5. 8.5Billing to your credit or debit card will take place prior to or at the time of dispatch in relation to physical production or at the time of your purchase or slightly afterwards for downloads.
   6. 8.6We accept all major credit cards except for American Express.
   7. 8.7Payment Security: Our site uses Secure Sockets Layer (SSL) Security which encrypts your credit or debit card data whilst it is being transferred over the internet. This helps to prevent interception of the data by other people. We also use up to date encryption technologies to protect the security of your payment details and log in information whilst we process your order.
9. 9.Downloads
   1. 9.1Cancellation: We are not able to cancel your purchase once we begin the process of supplying your download.
   2. 9.2Purchased downloads appear in the 'Download' area of the customer account.
   3. 9.3Usage Rules: You may export, burn (if applicable) or copy products (where permitted) solely for personal non-commercial use. You may not transfer, distribute, resell, , share or otherwise deal with purchased downloads, save as expressly permitted under these Terms. We may cancel your account at any time if we suspect it is being used for commercial purposes or has been shared with multiple users.
   4. 9.4Digital purchases will be stored for you in the customer accounts section of the website and are available for free streaming. We reserve the right to suspend or limit account use.
10. 10.Physical Products (CDs, Vinyl, Merchandise, Clothing etc)
    1. 10.1Cancellation:
       1. 10.1.1You may cancel your purchase at any time within 14 days for any reason, beginning on the day after you receive the product. In this case, you will receive a full refund of the price paid for the product in accordance with our Refunds Policy below.
       2. 10.1.2To cancel, you must inform us in writing. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.
       3. 10.1.3Details of this 14 day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the Dispatch Confirmation for physical goods.
       4. 10.1.4This right to cancel does not apply to:
          1. (a)CDs and DVDs where the item has been unsealed; or
          2. (b)downloads (see Section 9 above).
       5. 10.1.5Your statutory rights are unaffected by Section 10.1.4 above.
    2. 10.2Delivery: Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
    3. 10.3Risk and Title: Products purchased will be at your risk from the time of delivery. Ownership will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
11. 11.Refunds Policy
    1. 11.1If you cancel your purchase within the 14 day cooling-off period detailed in Section 10.1 above, we will process the refund due to you as soon as possible and, in any event, within 30 days of the day you gave notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of delivering the item to you. However, you will be responsible for the cost of returning the item to us.
    2. 11.2If you cancel your purchase for any other reason (for instance, because you claim that the product is defective), we will examine the returned product and will notify you of your refund via email within a reasonable period of time.
    3. 11.3We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
    4. 11.4We will usually make any refund using the same method originally used by you to pay for your purchase.
    5. 11.5Loyalty points earned from refunded items will also be removed from the account.
12. 12.Third Party Stores
    1. 12.1Our 'You Sell' service allows other users of the Site to sell downloads direct to you via dedicated webpages on our Site (User Stores). We facilitate the clip streaming and download process for the seller (Seller) and take payments on their behalf as agent.
    2. 12.2You are therefore contracting with us as agent for the Seller in relation to downloads purchased via a User Store and, in those circumstances, these Terms (excluding our Privacy Policy which is personal to us) will apply to the transaction as if the Seller was a party to these Terms in place of us (but this will not affect our ability to rely on these Terms in connection with all aspects of the Site and Services). We will not be liable for any breach of these Terms by the Seller and our liability under these Terms or otherwise will, in any event, be independent from that of any Seller.
13. 13.Technical Problems
    1. 13.1Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your only remedy will be either a replacement product or a refund, as determined by us. Your statutory rights are not affected.
    2. 13.2We will not be liable to you for failures, defects or delays in delivery caused by:
       1. 13.2.1 your provision of incorrect information;
       2. 13.2.2 your computer failing to meet the minimum technical requirements for the Service;
       3. 13.2.3 your failure to comply with instructions for use of the Service; or
       4. 13.2.4 an event which is outside of our reasonable control.
14. 14.Import duty
    1. 14.1Products ordered from our Site for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
    2. 14.2You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
15. 15.Your Use of our Site, You may not:
    1. 15.1act in any way that would damage, disable, overburden, or impair this Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
    2. 15.2upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory, or use of which may be in breach of any third party's rights;
    3. 15.3impersonate any person or entity or misrepresent your affiliation with any other person or entity;
    4. 15.4exploit any information or other material obtained on or through this Site for commercial purposes;
    5. 15.5engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping", or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Chemical Records cookies for purposes which are unrelated to the Services);
    6. 15.6attempt to gain unauthorised access to other computer systems through this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
    7. 15.7reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to this Site or the Services.
16. 16.Site Content
    1. 16.1All material on this Site, including text, graphics, photos, logos, button icons, images, music, audio and audio visual clips, digital downloads, databases, data compilations, data and software (Content) are the sole and exclusive property of Chemical Records or its affiliates and/or licensors.
    2. 16.2Unless otherwise specified, this Site, the Services and Content are for your personal and non-commercial use only.
    3. 16.3You may not use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the purpose of viewing their content and using the Services.
17. 17.Objectionable Material

    We do our best to filter unwanted material, but while using the Services you may encounter Content that you find objectionable or offensive, and which may or may not be identified as being of an explicit nature. You agree to use the Services at your own risk and we will have no liability to you for such Content.

18. 18.Termination
    1. 18.1We may, in our sole discretion, terminate your password, account or use of this Site without notice if you are in breach of these Terms or if we believe that your use of the Services is unsuitable.
    2. 18.2Termination, suspension or cancellation of your access rights does not affect any other right or relief to which we may be entitled, at law or in equity.
    3. 18.3On termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).
19. 19.Indemnity

    You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers (the Indemnified Parties), from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

    1. 19.1any misrepresentation, act or omission made by you in connection with your use of this Site;
    2. 19.2any non-compliance by you with these Terms; or
    3. 19.3claims brought by third parties arising from or related to your access or use of this Site, including without limitation the information made available by you to this Site.
20. 20.Liability
    1. 20.1We warrant to you that any goods purchased from us through our Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
    2. 20.2In relation to our supply of products via this Site (including both downloads and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise. This Section should not be interpreted to suggest that our Services are offered other than for your personal, non-commercial use only.
    3. 20.33In respect of all aspects of the Site and Services other than our supply of products (and subject to the other provisions of this Section 21), Chemical Records, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or the User Content or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.
    4. 20.4This Section does not in any way limit our liability:
       1. 20.4.1 for death or personal injury caused by our negligence;
       2. 20.4.2 under section 2(3) of the Consumer Protection Act 1987;
       3. 20.4.3 for fraud or fraudulent misrepresentation; or
       4. 20.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    5. 20.5Where you buy any product or service from a third party seller through our Site (other than a Seller), the seller's individual liability will be set out in the seller's terms and conditions.
21. 21.Disclaimer
    1. 21.1Subject to Section 20 above, the Content (as defined in Section 16.1) is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Site).
    2. 21.2We endeavour to ensure that information on our Site is correct, but we cannot guarantee the accuracy and completeness of the material on the Site. We may make changes to the Content, or to the products, services and prices described in it, at any time without notice. The Content may be out of date, and we make no commitment to update such material.
    3. 21.3We may discontinue or alter any aspect of the Site or Services at any time in our sole discretion without prior notice or liability, provided that changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation (unless required to be made by law or governmental authority).
22. 22.Events Outside Our Control

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.

23. 23.Links

    Links to third party websites from the Site are provided solely for your convenience. If you use these links, you leave the Site. We do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

24. 24.Access
    1. 24.1While we endeavour to ensure that the Site is normally available 24 hours a day, we will not be liable if for any reason the Site is unavailable at any time or for any period.
    2. 24.2Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
25. 25.Communication
    1. 25.1Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
    2. 25.2All notices given by you to us must be given to Chemical Records at the address or the contact form in the Contact Us area of the Site. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
26. 26.General
    1. 26.1These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter.
    2. 26.2The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
    3. 26.3No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
    4. 26.4No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
    5. 26.5These Terms shall be binding on and ensure for the benefit of each party's successors in title.
27. 27.Governing Law and Jurisdiction

    These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms.

28. 28.Contacting Us

    If you have any queries about these Terms, this Site or any of our Services please contact us using the contact details specified in the Contact Us area of the Site.

29. 29.Customer Support

    For customer support contact 0117 9714924 (national call rates apply) or write to: Customer Support, Chemical (UK) Ltd, Unit C2, St. Vincent's Trading Estate, Feeder Road, Bristol, BS2 0UY.

30. 30. Sale of Carhartt products to Australia, Italy & Greece

    Due to Carhartt Distribution contracts in Australia, Italy & Greece we can no long ship any Carhartt product to these named countries.

31. 31.Loyalty points
    1. 31.1Physical purchases from the Chemical website will be assigned 'loyalty points' which you may use to stream music or to purchase other items. They will be added to your account 30 days after the purchase has been made, but will be visible as 'pending points' prior to that date.
    2. 31.2The points are non transferable, non refundable and have no cash value.
    3. 31.3'Top up points' (hereinafter referred to as "Points") may be purchased in order to stream music in the Push player on the website.
    4. 31.4Please note that our current policy is that Points can be redeemed indefinitely but we reserve the right to introduce a fixed term redemption period..
    5. 31.5Please note Points are not currently earned for purchases made in the Chemical Records store (not via the website) but we may vary for those with a customer account.
    6. 31.6Further please note that Points are not currently available to be redeemed in purchases from Chemical Records store but this may vary for those with a customer account.

USE OF STREAMING SITE

THIS IS A LEGAL AGREEMENT between you and Chemical (UK) Limited trading as Chemical Records, Unit C2, St Vincent's Trading Est., Feeder Road, Bristol BS2 0UY Company Registration Number: 05310188 (hereinafter referred to as Chemical) governing the terms of your use of this service and you. This Agreement (together with any annexures additions updates or revisions hereto) represents the binding terms and should be read in conjunction with the other terms on the site.

1. 1. THE SERVICE

   This streaming service (hereinafter referred to as the "Service") is available to users to stream and share playlists and mixes of digital content including without limitation sound recordings and audio-visual material("the Materials"), using loyalty points under Chemical's scheme SUBJECT ALWAYS to the terms and conditions as set forth in this Agreement.

2. 2. AGE REQUIREMENTS

   You must be at least 18 years of age to agree to and to enter this Agreement. In the event that you are over 16 years of age but under 18 years of age you must ask your parent to read these Terms of Use and confirm that they accept such terms of use by agreeing to be bound by such terms of use in accordance with the requirements herein contained.

3. 3. MATERIAL CONTENT

   It is hereby agreed and acknowledged that Chemical intends to provide you with access to the Materials (whether the same have been previously released to the public or otherwise) and you understand that by using the Service, you may access content that you may find offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Chemical does not accept liability for content that the user finds offensive, indecent, or objectionable.

4. 4. HARDWARE/SOFTWARE REQUIREMENTS

   You hereby acknowledge that Chemical are not responsible for your hardware or software requirements and any and all access to the Chemical site requires access to the appropriate hardware and software which shall remain your sole responsibility. You are required to have a recent browser with JavaScript enabled & latest version of Adobe Flash.

5. 5. REGISTRATION/USER DATA

   You hereby agree to provide if requested, full, accurate, current, and complete information when registering with the Service (and from time to time as may be required in the course of using the Service) ("User Data"). You further agree to maintain and update your User Data as required to keep it accurate, current, and complete. Chemical in their absolute discretion shall be entitled to terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Chemical shall have the right to store and use the User Data provided (including without limitation credit card information) for use in maintaining your accounts and for other purposed permitted by law.

6. 6. SUBSCRIBER ACCOUNT & SECURITY

   (i). Account and Password. To become a member of the Service, you must establish an account ("Account") and establish a public profile name (which can be your real name, fictitious name or epithet and upload photo or image ("Profile"). If in Chemical's absolute opinion any element of the Profile is offensive, defamatory, misleading, unlawful or infringes third party rights then Chemical have the right to require you to remove the same or shall have the right take steps themselves remove it or to suspend your account pending compliance. Access to the Service will be through your password. You are solely responsible for maintaining the confidentiality and security of your Account. Chemical strongly recommend that 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 Chemical of any unauthorised use of your Account or any other breach of security. Chemical shall not be responsible for any losses arising out of the unauthorised use of your Account and you hereby fully and effectually indemnify Chemical in respect of the same.

   (ii). Security. You understand that the Service, and the Materials accessed through the Service, including without limitation sound recordings are protected by copyright law and your usage of the Materials is limited to usage set down by Chemical in accordance with the terms of this Agreement. You agree to comply with all terms and conditions set out herein and you agree not to violate or attempt to violate any security components whether embodied in the Materials or otherwise. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, de-compile, disassemble, or otherwise tamper with any of the security components related to such Material for any reason whatsoever. Your access to the Service may be terminated with or without notice to you in the event that Chemical have reason to believe that you have violated or attempted to violate the security of the site, the Materials or the Service. You will not access the Service by any means other than through the website that is provided by Chemical for accessing the Service (access is available through the internet or through the services of your handheld device). You shall not access or attempt to access an Account that you are not authorised to access. You agree not to modify the website in any manner or form, for any purposes including obtaining unauthorised access to the Service. Violations of system or network security will result in civil or criminal action being implemented by Chemical.

7. 7. USE OF MATERIALS

   You acknowledge that copyright laws limit your usage of the Materials to the following usage and you hereby agree to use Materials in accordance with the Terms of Use set out below:-

   Terms of Use

   Your use of the Materials is strictly subject to your prior acceptance of the terms of this Agreement.

   You shall be authorised to use the Material only for personal non-commercial use.

   You agree that your use of the Service and streaming of Materials constitutes your acceptance of and agreement to use such Materials solely in accordance with the terms set out herein, and that any other use of the Materials may constitute a copyright infringement. These Terms of Use shall govern your rights with respect to the Materials. Chemical reserves the right to modify the Terms of Use at any time.

   Downloads are available from the site in accordance with the User Terms and Conditions.

8. 8. PAYMENT

   Payment for the service shall be solely via Loyalty Points in accordance with Chemical's Loyalty Point scheme. Chemical do not presently accept payment by any other method.

9. 9. ACCESS TO MATERIALS

   Technical problems may delay or prevent streaming of Materials. Your exclusive and sole remedy with respect thereof will be a refund of the value of the relevant loyalty points as determined by Chemical in their sole discretion.

10. 10. INTELLECTUAL PROPERTY RIGHTS

    The Service, including without limitation musical and lyrical content, and editorial content, contains proprietary information and material that is owned by Chemical and/or its licensors, and is protected by applicable intellectual property rights and other laws, including without limitation copyright. You hereby agree 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. The Service (or any part thereof) may not be reproduced in any form or by any means. 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 (or any Materials supplied in accordance with the terms of this Agreement) in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.

    Notwithstanding any other provision of this Agreement, Chemical and its licensors reserve the right to change, suspend, remove, or disable access to any Materials or content comprising a part of the Service at any time without notice to you. Chemical 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.

    All copyrights in and to the Service, including but not limited to, the website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Chemical and/or its licensors. "Chemical" the Chemical logo, and other Chemical trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Chemical in the United Kingdom, Europe, and/or other countries throughout the world. 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 license with respect to any of the aforesaid trademarks or any use of such trademarks.

    THE USE OF THE WEBSITE OR ANY PART OF THE SERVICE IS STRICTLY GOVERNED BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. SAVE FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS AND CONDITION, ACCESS TO AND USE OF THE SERVICE AND/OR THE WEBSITE IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE DAMAGES, FOR COPYRIGHT INFRINGEMENT.

11. 11. TERMINATION

    If you fail, or Chemical suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to misuse of loyalty points or the provision of in accurate and/or incomplete User Data, failure to safeguard your Account information, or violation of the Terms of Use or any license to the software, Chemical at its sole discretion, without notice to you may terminate this Agreement and/or your Account.

12. 12. APPLICABLE LAW

    This Agreement and your use of the Service shall be governed by all applicable laws of England that apply to your use of the Service. You expressly agree that exclusive jurisdiction for any claim or dispute with Chemical or relating in any way to your use of the Service resides in the courts of England.

13. 13. THIRD PARTY SITES

    The Service may present links to third party sites not owned or controlled by Chemical. Chemical is not responsible for these sites or their content. You agree that Chemical are not responsible or liable, directly or indirectly, for any damage or losses or claims caused by or in connection with your use of or reliance on any content of any such site or goods or services available through such sites.

14. 14. DISCLAIMERS

    (i) You understand and agree that your use of the Service and the Materials is at your own risk. The Service and the Materials are delivered and provided to you "as is" and "as available" for your use without any warranty from Chemical or it's licensors, agents or business partners, employees and/or suppliers whether express or implied.

    (ii) In no circumstances shall Chemical, it's directors, officers, employees, affiliates, agents contractors or licensors be liable for any direct or indirect, incidental, special, punitive or consequential damages arising from your use of the Service and/or the Materials and this disclaimer shall apply to the fullest extent permissible at law. Chemical shall not be liable for any loss regarding "downtime" where you have not access to the site.

    (iii) Chemical does not represent or warrant that the Service will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion and Chemical hereby disclaims any liability in respect thereof or relating thereto.

15. 15. INDEMNITY

    You hereby fully and effectually indemnify Chemical from any claims, costs, losses, and damages (including reasonable legal fees) as a result of any breach by you of the warranties and promises herein contained.

16. 16. MODIFICATIONS TO THE SERVICE

    Chemical 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, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following implementation of the Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

17. 17. NOTICES

    Chemical may send you notice with respect to the Service by sending an email message to the email address listed in your User Data contact information or by sending a letter via postal mail to the contact address listed in your User Data, or by a posting on the Chemical website. Notices shall become effective immediately.

18. 18. MISCELLANEOUS

    If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Chemical's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. 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. Chemical will not be responsible for failures to fulfil any obligations due to causes beyond its control.