The following describes the terms on which Discover Unsigned.com “DUCOM” offers you access to our services.

 

Introduction:

 

Welcome to DUCOM. These terms and conditions apply to the services available from the domain and sub-domains of Discover Unsigned.com (together, the “Site“). If you reside in the U.K. or any other country you are contracting with Mattom Partners, 14 Woodham Waye, Woking, Surrey. In this User Agreement, Mattom Partners are known as “Mattom”, “we”, “us” or “our”.

 

Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the “Additional terms” section below (which are accessible by click-thorugh links and which form part of these terms and conditions), (together, the “User Agreement”). Before you can become a member of DUCOM, you must read and accept all of the terms and conditions of this User Agreement and each of the “Additional terms” referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and Mattom.

 

This User Agreement is valid from 4th April 2008 and is effective upon acceptance for new users.

 

Using DUCOM

 

You may not use the Site if you are not able to form a legally binding contracts, or if your DUCOM member has been suspended.

 

While using the Site, you will not:

 

Provide any content which breach and laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties; 

 

breach our policies, including, without limitation, the other policies linked to from the “Additional terms” section below;

 

provide any content which contains defamatory content (including personal information); provide any content which contains viruses or any other technologies that may hard DUCOM, or the interests or property of DUCOM users;

 

Copy, modify, or distribute DUCOM’s copyrighted works or trade marks, or other content from the Site, without our express consent;

 

or harvest or otherwise collect information about users, including email addresses, without their express consent.

 

If you are registering with DUCOM as a business entity, you represent that you have the authority to legally bind that entity.

 

We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and DUCOM agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

 

Abusing DUCOM

 

If you believe that your rights have been infringed, please notify us and we will investigate.

 

If we receive complaints from any third party that the content provided by you infringes any intellectual property or other rights without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your membership, restrict your access to, and your activities on, the Site (including, without limitation, withholding any royalties due to you, removing hosted content), and/or take technical and legal steps to stop you from using the Site if:

 

we think that your content is creating problems or exposing us or another DUCOM user to financial loss or legal liabilities;

 

we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;

 

despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or.

 

You agree not to hold DUCOM responsible for any loss you may incur as a result of Mattom taking any of the actions described above.

 

Fees

 

Joining DUCOM is free. We do charge fees for our services, such compiling albums of audio material or associated visuals.

 

Content license

 

When you send us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, sub licensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future (including but not limited to combining such content with other material to form compilations of audio/visual material. In addition you waive all moral rights you have in the content to the fullest extent permitted by law.(We need these rights to display your content.) However if we do not use the content you have sent to us (as specified below) within 12 months from the date we receive it, all such rights revert to you and we

 

Use of Content

 

The content you send to us may at our absolute discretion be compiled with other material into an album of works (”The Album”) which we will endevour to market and sell through DUCOM. We shall have the absolute discretion as to how the Albums are compiled and created, including any visual materials to be associated with the Albums.

 

Royalties

 

If any of your content is used in the Albums you will be entitled to a royalty calculated as follows.

 

Approx. 8.35% of the net receipts by Mattom for sales or other exploitation of the Album less all cost and expense associated with the marketing and sale of the Album containing the content you have provided. 

 

Mattom will provide a monthly statement of account showing the net receipts and royalties due to you.

 

Liability

 

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

 

We have no control over, do not guarantee, and you will not hold us responsible for the quality, or legality of the content you provide to us;

 

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any content you provide to us for use.

 

We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our service.

 

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.

 

Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100.

 

Release

 

If you have a dispute with one or more artists or composer or other intellectual property rights holders, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

Access and interference

 

You agree that you will not:

 

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

 

copy, reproduce, modify, create derivative works from, distribute, or publicly display and content (except for your information) from the Site without the prior expressed written permission of Mattom and the appropriate third party, as applicable;

 

or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

 

Privacy

 

We do not sell or rent your personal information to third parties for their marketing purposes without your express consent.

 

Compensation

 

You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.

 

No Agency

 

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.

 

Notices

 

Except as explicitly stated otherwise, noticed to Mattom shall be sent by registered mail to Mattom. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to us when you registered as a member. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.

 

Third Party Rights

 

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

 

Governing law and dispute resolution

 

The User Agreement shall be governed by and construed in accordance with English law. You and Mattom both agree to submit to the non-exclusive jurisdiction of the English Courts.

 

Additional Terms

 

The following policies are part of this User Agreement and provide additional terms and conditions related to specific services offered on the Site. We expect you to read all of the documents carefully:

 

Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, we advise you to check whether the applicable policy or rule has been amended on the Site as you will be bound by the latest version of any applicable policies or rules which may be posted on the Site from time to time. All such policies or rules are hereby incorporated into this User Agreement.

 

General

 

If any provision of this User Agreement is held to be invalid of unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.

 

In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

 

Section headings are for reference purposes only and do not limit the scope or extent of the sections.

 

OUr failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

We may amend this User Agreement at any time either by e-mail, via or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.

 

This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.

 

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content License, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.