Please carefully read these terms of use (“Agreement” or “Terms”) before using this Site or the Services offered by AVR-Music Stats.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms (“Terms”) for your acceptable access and use of the features and Content (as defined in Section 6 below) on the AVR-Music Stats website located at stats.avr-music.com (the “Site”), which is operated by A/V Revolution Ltd (the “Company”, or “we” or “us”). By accessing or using the Site, you agree to abide by all applicable laws and be bound by the terms of this Agreement. Please read this Agreement and save it or print a copy for future reference. If you do not wish to be bound by this Agreement, you may not access or use the Site.

You can also review the most current version of the Agreement at any time by clicking on the Terms and Conditions link from any page on the Site. We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Site. Your continued use of the Site after we post a revised Agreement signifies your acceptance of the revised Agreement. It is important that you review this Agreement regularly to ensure you are aware of any changes to this Agreement.

The following Terms of service apply to your use on this Site, its Services and its features.

You are solely responsible for your conduct and your content on the Site must comply with these Terms. By registering with us or using or browsing this site, you acknowledge that you have read, understood and agree to be bound by these Terms. We reserve the right to remove any material we deem not appropriate.

You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. We do not endorse any content (including creative works or otherwise) or any opinion, recommendation, or advice expressed therein, and we disclaim any and all liability in connection with this or any content.
1. In using the Site:

You agree that with respect to emails, posts or any content you make available to or on the Site (images, music, links etc.) you will not include material or information:

1.1. That is racially of ethnically offensive, such that is it hateful or discriminatory based on colour, race, sex religion, nationality, ethnic or national origin, sexual orientation, age, disability, marital status, or otherwise objectionable

1.2. In a manner that is harmful to minors in any way;

1.3. That Is obscene, pornographic, vulgar, or harmful to children, depicts or contains rape, extreme violence, murder, bestiality, incest, contains nudity, is adult in nature or other similar content;

1.4. That Infringes another’s rights to intellectual property, publicity, or privacy; including trademarks or copyrights (see copyrights)

1.5. That contains , ” advertisement of illegal or controlled products or services, or other advertising or marketing activities. gambling ventures, promotions, or commercial solicitations, chain letters,” “pyramid schemes”,

1.6. That contains viruses, corrupted files, or any other similar software, automated means or programs that may damage the operation of another’s computer including spiders, robots, crawlers, data mining tools, or the likes that allow unauthorised of data from this site.

1.7. Whose content is irrelevant. This includes repeatedly posting the same or similar content or otherwise imposing an unreasonable or disproportionately large load on the sites infrastructure;

1.8. Attempt to gain unauthorised access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this site.

2. As a use or member of the Site you also agree not to:

2.1. Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this site, or for using it for purposes unrelated to this site.)

2.2. Develop, create, or make use of any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this site

2.3. “Stalk”, or otherwise harass anyone of the users and members or collect, store use or disclose data, including personal information, about them without their consent or for unlawful purposes or in violation of applicable law or regulations;

2.4. Request, solicit, or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this site or to proxy authentication credentials for any member of this site for the purposes of automating logins to the Site.

2.5. Using the Services for lawful purposes, and not using the Services in any way that breaches any applicable local, national or international law or regulation (including without limitation the Data Protection Act 1998). You agree that your use complies with these Terms and you hereby agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of business opportunity, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with your use of the Services otherwise than in accordance with these Terms or applicable law, regulation or otherwise.

Features of this website

3. Content addition and submission:

3.1. Sections of this website give you the opportunity to submit your own works to register with to our content. Registration is required before certain these site features can be used.

3.2. Our submission forms may request your contact information (such as your name, email address, mailing address, etc.). We may also request Demographic information (such as your country, gender, etc.) and profile data (such as your music preferences, entertainment practices, etc).

3.3. You may be assigned a site username and/or password. For our internal purposes, we use this information to communicate with you and provide the services you have requested, and to provide a more personalised experience on our sites. For example, your registration may allow you to use and post to site message boards, create site profiles, etc. It may also be used to contact you for information on any competitions us or any of our affiliates will be running through the Site.

3.4. We use aggregate, demographic, and profile information about our members in order to improve our service, for research purposes and/or for industry reporting purposes, among others.

3.5. Data Protection. The information you supply will be used by A/V Revolution Ltd purposes within the terms of the Data Protection Act 1998. We shall not supply it to third parties unless explicitly specified prior to the detail submission.

4. Newsletter Subscriptions

4.1. For subscription to updates or our newsletter we may request your contact information in the form of your email address and a name. i) Contact details information may also be used to keep our registered users informed with information our newsletter, the operation of our services or regarding information from our affiliates and featured artists. ii) We may also send emails and announcements that are needed for the proper functioning and administration of our sites and service.

4.2. We may offer our users the choice whether to receive mailings from others that we think will be of interest. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of email communications.

5. Competitions

5.1. We may have competitions held on our site. When you enter or participate in them we may request contact information from you (your full name, email address, and telephone number). This information will be used by us to for the purpose of conducting the promotion (for example, to contact you if you have won). The information may also be used to send you our newsletters or any other information we think may be of interest.

Copyrights and licensing

6. Content from you

6.1. You understand that submitting the content does not grant you confidentiality with respect to the content, whether the content is published or not.

6.2. i) By submitting content for upload you affirm that you are solely responsible or that content (including creative works such as videos, music, pictures etc.). If content submitted by you is determined to be an infringement of a third party’s public, private or intellectual properties rights (copyright or trademark) you agree to accept sole responsibility for the creative works infringed upon. ii) In addition you accept total liability in any intellectual property damages determined by the third party’s rights.

6.3. By submitting content for upload you agree that we are not responsible, liable or to be in anyway held to accountable for any actions taken should a third party deem their rights on the content infringed upon.

6.4. We are not responsible for what your users claim as their own works and cannot be expected to check all rights within the public domain to verify the content (creative works) submitted by an individual is their own.

6.5. You will retain all of the ownership in your content, but you are required to grant limited licence (described below) to us and the other members or users of this service.

When you upload content to the Site , you grant to us:

6.6. Worldwide non-exclusive, royalty-free, transferable licence (with right to sub-licence). We will have the right to use, reproduce, distribute, prepare derivative works of, display, and perform the creative works in connection with the provision of the our service (for example promotional videos, events and newsletters).

6.7. Users and members of this site will have a worldwide, non-exclusive, royalty free, license to access you content through this site. Users of the Site will not be granted permission to creative derivative works of your creative works contribution.

6.8. The license above will be terminated once you remove or all your content has been deleted from the Site. Your ownership rights to this content will be unaffected by this termination.

7. Content and Links from us

7.1. We may provide hyperlinks to other websites that are not controlled or owned by us (such as YouTube, Deezer, Spotify, LastFM, Soundcloud, Facebook, Twitter, or any other websites media or otherwise). We are not responsible for content or privacy practices of any third party websites you may be directed to via these hyperlinks. We are also not responsible for any infringement of property rights derived from these link, hyperlinks or associated pages or post and any problem encountered with the content is therefore the responsibility of the third party, from whence the original content is controlled. Any issues on property rights infringements intellectual , personal or otherwise should therefore be taken up with the source of content (the website of content origin).

7.2. You acknowledge and agree that we are not responsible for the accuracy of the statistical data published on this website. We make a best attempt to aggregate publicly accessible data for our database of musicians based on several APIs such as  YouTube API, Spotify API, Twitter API, Deezer API, LastFM API etc. The accuracy of the data including (but not limited to) following count, streams, views, videos and track count is from our best daily approximation. Terms of usage should be considered for each respective platform separately.

7.3. You acknowledge and agree that we are not responsible for the availability of any external links or resources you may find on this site. Also you acknowledge that we do not endorse any advertising, products or other associated materials or content available from such links, websites or resources.

7.4. You acknowledge and agree that we are not liable for any loss or damage which may occur or be incurred by you as a result of the availability of those external links website or resources.

7.5. You acknowledge that by by using those our website and accessing the data from YouTube, you are agreeing to be bound by the YouTube Terms of Service.

7.6. For our policy regarding our own use to our own content please see (section 8. Copyright Policy)

8. Copyright Policy and Intellectual Property Rights
   

8.1. Any content that is not a submitted by users, members, a link or hyperlink to an external site or otherwise contributed by a third party is either owned or licensed by us. In other words we (AVR-Music Stats with the exception of said content (content from users etc.), claim ownership or license to all other Content including (copyrights or other intellectual property rights.)

8.2. Any third party trade or service marks present on Content not uploaded or posted by users, members are the trade or service marks of their respective owners. This Content may not be downloaded, copied, distributed, transmitted, reproduced, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent from us or, where applicable, the third party content owners.

8.3. You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You will not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services. You will not access all or any part of the Services in order to build a product or service which competes with the Services nor will you use the Services to provide services to third parties. Use of any automated system or software to extract data from the Site or the Services (“screen scraping”) is expressly prohibited.

8.4. Our status (and that of any identified contributors) as the authors of content on the Site or its Services must always be acknowledged. Further, if you use or refer to the results of the Services in relation to material that is subsequently published, we request that you credit us as the source of the information with an appropriate attribution.

8.5.  You must not use any part of the content on the Site or its Services for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6. If you print off, copy or download any part of the Site or its Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8.7. User violation of our copyright procedure may lead to an immediate removal of user content and we reserve the right to full termination of services for the offending user.

9. Creative Commons

9.1. Works created under creative commons will be marked appropriately (creative commons logo). For guidelines on licences and information on general creative commons terminology and marking click on creative commons terms.

10. Ending your contribution and service termination

10.1. We reserve the right to terminate this legal Agreement and/or your right to access the Site or its Services at any time, should you (the user or member) breach any of the requirements of its Terms. For example, in the case where the violations of our Terms are unlawful, we will be required to do so by law. Upon termination you must cease to use the Services and shall completely delete all electronic copies of all or any part of the Services resident in your systems or elsewhere.

10.2. You will be able to request termination of your profile contribution and deletion contribution, provided there are sufficient grounds for your request as well as our own internal validation of Content security has been met (this may involve a password, email or other confirmation as well as a full description of the works to be removed).

11. Disclaimer of Warranties

11.1. Nothing in the Terms of the Site shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

11.2. The Service is provided “as is” and A/V Revolution Ltd makes no warranty or representation to you with respect to them.

11.3. In particular the Company does not represent or warrant to you that:

1. Your requirements will be met through use of the Site and its service,
2. any information obtained by you as a result of your use of the Site and its service will be accurate or reliable,
3. your use of the Site and its service will be uninterrupted, timely, secure or free from error, and
4. that defects in the operation or functionality of any software provided to you as part of the Site and its service will be corrected.

11.4. If you are a business user (being any user other than a consumer as defined below), please note that in particular, we will not be liable for (without limitation):

1. loss of profits, sales, business or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of goodwill, opportunity or reputation; or
5. any indirect or consequential loss or damage.

11.5. If you are a consumer user (being a natural person who is acting for purposes outside any trade, business or profession), please note that we only provide the Services for a domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

11.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on the Site or Service, or on any website linked to the Site or Service.

11.7. We assume no responsibility for the content of websites linked on the Site or its Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

11.5. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site or its service except to the extent that they are expressly set out in the Terms.’

12. No Reliance on Information

12.1. The content accessed through use of the Services is provided for general information only. It is not intended to amount to advice (of any nature) on which you should rely. You must obtain professional or speciality advice before taking, or refraining from, any action on the basis of content accessed through use of the Services.

12.2. We do not take any responsibility for any content accessed through use of the Services. Any use or reliance on any content obtained by you through use of the Services is at your own risk.

12.3. We make reasonable commercial efforts to ensure content on the site is up to date and accurate. However, because we get the content from a number of different sources (including information provided by you) we do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the Services. If you do become aware of any inaccurate or incorrect content accessed or accessible using the Services (in particular pertaining to yourself or other individuals) please let us know at [email protected] and we will use our reasonable endeavours to investigate your concern and, where appropriate and possible, correct inaccurate data. Content relating to credit scores, in particular, is provided and generated by a third party source, should you have any concerns as regards inaccurate or incorrect content in this regard please also contact us at [email protected] and we will use our reasonable endeavours to pass your concern onto the appropriate third party provider. You understand that by using the Services, you may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as required by law) will we be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services.

12.4. You accept responsibility for the selection of and use of the Services to achieve your intended results.

13. Viruses

13.1. We do not guarantee that the Services will be secure or free from bugs or viruses.

13.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.

13.3. You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or its Services, the server on which the Site or it Services is stored or any server, computer or database connected to the Services. You must not attack the Site or Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

14. Linking to Our site

14.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with applicable laws and generally accepted content standards.

14.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.3. You must not establish a link to the Site in any website that is not owned by you.

14.4. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

14.5. We reserve the right to withdraw linking permission without notice.

14.6. If you wish to make any use of content on the Site other than that set out above, please contact us

15. Third party links and resources

15.1. Where the Site or Service contains links to other sites and resources provided by third parties, these links are provided for your information only.

15.2 We have no control over the contents of those sites or resources.

16. Governing Law

16.1. The Terms, and your relationship with A/V Revolution Ltd under the Terms, shall be governed by English law. You and A/V Revolution Ltd agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that A/V Revolution Ltd shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

© 2018-2020 All rights reserved to A/V Revolution Ltd
A/V Revolution Ltd – Company number: 07786070 – 62 Vectis Road, London SW17 9RG. GB