- Introduction
- These terms are between you and Lickd Ltd of Runway East, 66 Old Compton Street, London, England, W1D 4UH (Lickd, we, us, our)
- When creating an account with us, you agree to be bound by these terms and conditions in addition to:
- a) our music licence terms available at https://lickd.co/terms-and-conditions/music-license;
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b) where relevant, our subscription plans terms are available at: https://lickd.co/terms-and-conditions/subscription-plans;
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c) where relevant, our “Creator Plan” terms available at https://lickd.co/terms-and-conditions/creator-plan;
- d) our privacy policy available at: https://lickd.co/privacy-policy; and
- e) our cookie policy available at: https://lickd.co/cookie-policy
- Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
- All of the above documents form part of this contract as though set out in full here
- These terms
- Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Lickd Ltd and any reference to ‘you’ or ‘your’ is to the person placing an order on our website.
- We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us
- Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
- Account registration
- In order to benefit from our services, you will be required to register for an account on our website. If you choose to register, you agree: (a) to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete; (b) to safeguard your password; (c) that you will not disclose your password to any third party; and (d) that you will take sole responsibility for all activities and actions taking place under your account whether or not you have authorised such activities or actions.
- We reserve the right to terminate your account at any time, should you act in breach of these Terms.
- You must be 18 years of age or over to create an account. If you are under 18 years of age then you confirm that you have the express consent of your parent or legal guardian to enter into a legally binding contract. If you are 18 years of age or over then you confirm that you are legally capable of entering into binding contracts.
- Orders
- Please check your order carefully and correct any errors before you submit it to us.
- Your order is an offer to buy digital content from us on these terms. Confirmation that your order has been successfully submitted does not mean that your order has been accepted by us.
- Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
- If we do not accept your order, for example because we have been unable to take payment, the digital content is unavailable or there has been a mistake regarding the pricing or description of the digital content, we will email you using the details you provided when you placed your order and provide you with a refund if payment has already been taken. We have the right to reject any order for any reason.
- Availability
- We cannot guarantee that any digital content will be available at any given time, or that access to the digital content will be uninterrupted, error free or secure. For example, access to digital content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
- We continually update our website, including the catalogue of tracks that are made available for download. We make no guarantee as to the availability of any specific tracks on the website.
- We have the right to discontinue the website or any individual service or feature or part of it at any given time without specifying any reason
- The rights granted to us are continually changing and we make no guarantee that between licensing a track from us and you publishing that track on a social video platform that we still have those rights. If this is the case and the rights have been withdrawn we will issue you a refund when you request it.
- You acknowledge and agree that we do not vet or approve any track which is made available on the website.
- In certain circumstances, for example where there has been a change in law, we may need to stop providing certain digital content. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund if payment has already been taken.
- Making changes to your order
- If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible by visiting our Help Center and ‘submitting a ticket’. We cannot guarantee any changes, refunds or credits will be possible.
- Descriptions and technical requirements
- Descriptions of our digital content are set out on our website.
- You will need internet access to download the digital content and you are responsible for any charges you may incur in connection with your download.
- We are not liable to you if you are unable to download the digital content due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
- Acceptable use policy
- We give you a licence to download and use the digital content provided you follow all of the rules in our policy available here https://lickd.co/terms-and-conditions/music-license. The licence starts when you download the digital content.
- You must not conceal, change or remove any markings which show who owns the digital content, such as copyright (©), registered trademark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the digital content in a way that you are not allowed to.
- In particular and without limitation, you may not:
- modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the website or its underlying technology. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the website or any digital content we supply to you through the website in any manner;
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections placed upon the music tracks; use any robot, spider, scraper or other automated means to download the music tracks; decompile, reverse engineer or disassemble any software or other products or processes accessible through the website;
- insert any code or product or manipulate the website or the music tracks in any way; or, use any data mining, data gathering or extraction method.
- You may only use any music tracks downloaded via our website in accordance with the Permitted Uses set out at Schedule 1 of the https://lickd.co/terms-and-conditions/music-license and will not breach any of the Restrictions set out at Schedule 2 of those Terms.
- In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the website, including any software viruses or any other computer code, files or programs.
- If you do not comply with any term in this clause, we have the right to end our contract with you immediately by sending an email to the address you provided when you placed your order.
- If we end our contract with you in accordance with this clause:
- we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach of this clause;
- you must immediately stop using the digital content;
- we may remotely block your access to the digital content;
- you must delete or remove the digital content from any devices; and
- we may delete or suspend access to your account.
- Permission to use the digital content
- When you place your order, you will be asked to read and accept the terms of the end user licence agreement (EULA) which will take the form substantially available at https://lickd.co/terms-and-conditions/music-license (as amended for the particular label requirements of each track). Please read the EULA carefully as it sets out important information about what you are permitted to do with the digital content, restrictions on your use of the digital content and our rights if you fail to comply with the EULA.
- Termination
- Without affecting any other right or remedy available to it, Lickd may terminate this agreement and the rights granted hereunder with immediate effect by giving written notice:
- if you commit a breach of any of its terms;
- if you take any action which Lickd, acting in its sole discretion, deems may damage its business or reputation;
- for convenience.
- Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
- Termination shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach which existed at or before the date of termination or expiry.
- For the purposes of this clause, notices shall be deemed valid when sent to the email address you used to create your account and shall be deemed received when sent.
- Without affecting any other right or remedy available to it, Lickd may terminate this agreement and the rights granted hereunder with immediate effect by giving written notice:
- Intellectual property rights
- You agree that Lickd own and retains all rights to the Website. Except for information which may or may not be in the public domain, all right, title and interest into any content displayed or made available on the website including, but not limited to, the website’s look and feel, data, information, documents, text, logos, services, software graphics, images, sound or video material, designs, trademarks, service marks, trade names, and URL, belong to and are the exclusive property of Lickd or its respective partners, licensors, agents or third parties, and may not be copied, displayed, distributed, downloaded, linked, modified, posted, reproduced, re-published, or transmitted in any form or by any means without the prior written consent of Lickd in each instance. Such rights will include to the extent permissible by applicable law any and all rights of privacy, publicity and moral rights.
- You agree and acknowledge that various third parties own the copyright in the music tracks (including the sound recording and the underlying work). Owners of the music tracks and any associated artwork or metadata are intended third-party beneficiaries under these Terms. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights or the rights of third-party beneficiaries.
- The word ‘Lickd’ and any ‘Lickd’ logo shown on the Website is a trademark of Lickd. None of the Lickd trademarks may be copied, downloaded, or otherwise exploited.
- Our liability to you
- Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to your use of the website.
- We will not be liable to you for any lack of performance, or the unavailability or failure of the website, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the website.
- Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited under applicable law.
- We assume no responsibility for the content of websites linked on the website. 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.
- To the extent permitted by applicable law, we shall not be liable to you or any third party for any losses of any kind arising under or in relation to your use of or inability to use the website (or any part of it), including but not limited to: (i) any loss of profits, business, sales, goodwill or revenue; (ii) 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; (iii) any consequential, incidental, punitive or special loss or damage whatsoever, whether or not such loss or damage arises directly or indirectly and whether or not of the type described in (i) or (ii); regardless of whether any action or claim is based on contract or in tort (including negligence) or any other legal theory of liability, and even if either party was aware of the possibility of such loss or damage
- Your liability to us
- Without prejudice to our other rights and remedies, you shall indemnify and shall keep indemnified Lickd against all claims, costs, damages, expenses (including legal fees) incurred by the Lickd arising out of and/or in connection with any breach by you of any of terms, representations or warranties within these Terms or those referred to at 1.2 above.
- Your right to cancel
- You have 14 days from the date of your order confirmation email to change your mind and cancel your order. However, you lose your right to cancel once you start to download the digital content and will not be entitled to a refund in such circumstances unless the digital content is faulty.
- To cancel your order, please contact us as soon as possible by visiting our Help Center and ‘submitting a ticket’. To help us process your cancellation more quickly, please send us your name, Channel name, License ID, name of the track/artist you licensed and your payment receipt.
- We will provide you with a full refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel.
- We will issue your refund to the same payment method you used when you placed your order.
- If you have signed up for our “Creator” plan, please refer to clause 5 of the terms and conditions available at https://lickd.co/terms-and-conditions/creator-plan.
- Events beyond our control
- We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
- Your information
- Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here https://lickd.co/privacy-policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
- Communication preferences
- By creating an account with us, you consent to receiving electronic communications from Lickd relating to your account and that we may process your personal data in accordance with our legitimate business interests (chiefly to send you information regarding other Lickd products which may be of interest to you).
- These communications may involve sending emails to your email address provided during registration and shall form part of your relationship with Lickd. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication and notice requirements, including that such communications and notices be in writing.
- You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Once you have created an account, you can update your marketing preferences from your user “My Account” dashboard or unsubscribing directly from any emails which you receive.
- Links to third-party websites
- If we provide links or pointers to other websites or destinations, you should not infer or assume that Lickd operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within our website, we will not warn you that you have left the Website and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the services and reached another website or destination.
- Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms do not govern your use of another website or destination.
- Lickd is not responsible for the content or practices of any website or destination other than our own website.
- No third party rights
- No one other than us or you has any right to enforce any of these terms.
- Transfer of rights
- We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
- You are not allowed to transfer your rights under these terms to anyone without our prior written consent.
- Complaints
- If you are unhappy with us or the digital content you ordered, please contact us by visiting our Help Center and ‘submitting a ticket’.
- Governing law and jurisdiction
- The laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
- Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.