Terms and conditions of use
- This terms
- Using the service
- User conduct and content
- Your breach of these terms
- LIMITATION OF LIABILITY
- Intellectual property
- Your Promises in respect of your Interactions with the Service
- Copyright Infringement Notices
- Open Source Software
- Complaints and dispute resolution
- Questions about these terms
- Pleila Acceptable Use Policy
- You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to use the Service. Use of the Service by anyone under the age of 13 is prohibited.
- You can access these terms at any time at this link. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Service and cancel your account for the Service.
Using the service
- The Service is designed to enable users to create and share playlists of audio and video material compiled from content hosted and served from other sites (“Playlists”). Pleila does not host or reproduce any copies of any content on Playlists.
- Subject to these terms, we grant you a limited, non-exclusive, non-transferable, freely revocable licence to use the Service in accordance with our Acceptable Use Policy.
- We have the right to suspend, withdraw or modify the Service (in whole or in part) without liability to you in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Service; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Service); because it is no longer economically viable or efficient to provide the Service.
The Service is not intended to be available in the United States of America. We take efforts to ensure that users from the USA are blocked, but in any event if you are in the United States of America you are not authorised to use the Service.
- If you are a using the Service on behalf of a venue, party organiser or as part of a business, you acknowledge that you may be subject to music licensing requirements in respect of the use of the Service. Further information is available from PRS for Music and PPL.
- You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for Facebook or any social network or platform that you may allow the Service to interact with.
- If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
- We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Service and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
- We do not control the content of any Playlist, user profile, or any user messages or comments in the Service (all of which is referred to in these terms as “Content”). The Content is not produced by or for us, nor comprehensively reviewed by us. We merely host links to the elements of the Playlist held on YouTube or SoundCloud, in accordance with the terms and conditions prescribed by YouTube and SoundCloud.
- Therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using the Service, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- We take no responsibility and assume no liability for any Content. We are not responsible for any mistakes, defamation, omissions which you may encounter, or for any infringement of intellectual property rights by any Submission.
- The Service is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we disclaim any and all warranties, express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement of proprietary rights, and any other warranty, condition, guarantee or representation. You acknowledge that we cannot reasonably guarantee, and do not guarantee, that the Service will always work properly.
- Any use or reliance on any Content is at your own risk.
- If you consider that the inclusion of any Content in the Service infringes your copyright or related rights, you should avail yourself of the Notify and Takedown processes of YouTube (for Content linked to from YouTube) or SoundCloud (for Content linked to from SoundCloud). The YouTube process is set out here. The SoundCloud process is set out here.
- If you consider that the inclusion of any Content in the Service infringes your copyright or related rights, and the Content is not comprised in any Playlist elements linked to from YouTube or SoundCloud, please contact us immediately with a statement by email to [email protected] Your email statement must at a minimum contain the following details: the exact individual Content item(s) you are complaining about; the way in which the Content item(s) infringes your rights; your name and street address; a declaration that your statement is true and acknowledgement that it may be used in any subsequent court proceedings relating to your complaint.
User conduct and content
- You must comply with all laws applicable in the UK or any other location from which you access the Service. If any laws applicable to you restrict or prohibit you from using the Service, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Service.
- You must at all times abide by Pleila’s Acceptable Use Policy
- You promise that all the information you provide to us on accessing and/or using the Service is and shall remain true, accurate and complete at all times.
- Information, data, sound, photographs, graphics, video, tags, or other materials may be shared or otherwise made available via the Service by you or another user. You, not us, are entirely responsible for any Playlist or other item that you share or otherwise make available via the Service.
Your breach of these terms
- We reserve the right to suspend or terminate your access to the Service (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Any significant breach, including any breach of paragraph 6, is likely to be considered a material breach.
- You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
LIMITATION OF LIABILITY
- We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
- For any losses or harm (other than those mentioned in paragraph 9.a immediately above), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms, up to a maximum of £100.00. Losses and harm are “foreseeable” where they would have been contemplated by you and us at the time of you agreeing to these terms.
We are not responsible for:
- losses or harm not caused by our breach of these terms or negligence;
- losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- any increase in loss or damage resulting from breach by you of any of these terms; or
- technical failures or the lack of availability of our website, Service, and/or social media channels where these are not within our reasonable control.
- We will provide the Service with the same skill and care as other similar Service providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of the Service is to discontinue your use of that Service and we are not responsible or liable for any interruptions or errors that you may experience while using the Service.
- You acknowledge that all copyright, trade marks (including ‘Pleila’ and the Pleila logo), and other intellectual property rights in and relating to the Service (other than any User Contributions, as defined below in section 9) are owned by us or made available to us or licensed to us by our partners.
- Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Service (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the Service for anything else.
- You must not copy, distribute, make available to the public or create any derivative work from the Service or any part of the Service unless we have first agreed to this in writing.
- In particular, and without limiting the application of paragraph 10.c above, you must not make available any technological measures designed to control access to, or elements of, the Service, including providing access to any Content or User Contribution, whether on a free of charge basis or otherwise.
Your Promises in respect of your Interactions with the Service
Pleila offers the facility to share and comment on Playlists. Any such interaction is referred to in these terms as a “User Contribution”. By making User Contributions by means of the Service you:
- are representing that you are fully entitled to do so;
- grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as "moral rights" in the User Contributions, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the User Contribution; and
- agree that we have no obligation to monitor or protect your rights in any User Contribution that you may submit to us.
- You must not copy, distribute, make available to the public or create any derivative work from any User Contribution belonging to any other user of the Service.
- If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
- Pleila offers the facility to share and comment on Playlists. Any such interaction is referred to in these terms as a “User Contribution”. By making User Contributions by means of the Service you:
Copyright Infringement Notices
If you believe your copyright-protected work was included in the Service (including any Playlist) without authorisation, you may submit a copyright infringement notification by emailing us at [email protected], with the following information: name; street address; email address; full details of the work you allege is your unlicensed copyright material; and (if applicable) details of the Playlist or user profile in which the work is comprised. These requests should only be submitted by the copyright owner or an agent who is authorised to act on the owner’s behalf. If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Under no circumstance should you make any claim which is not founded. Misuse of this process may result in the suspension of your account or other legal consequences.
Open Source Software
All open source or third-party code incorporated in the Service is covered by the applicable open source or third-party end user license agreement, if any, that authorises the use of such code
- We are registered with the Information Commissioners as a data controller in the United Kingdom.
- Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link the Service to. If you use the Service and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can use socially. This is intended to make the Service more enjoyable for you and others that use the Service on the social network. If you do not agree to these practices you should not allow the Service to interact with your social network.
- We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
- These terms set out the entire agreement between you and us concerning the Service (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or use the Service via other platforms (for example, on our website or via any other third party website or service) then different terms apply in respect of those services.
- If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the Applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
- Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
Complaints and dispute resolution
- Most concerns can be solved quickly by contacting us at [email protected]
- In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.
Questions about these terms
If you have any questions about these terms or the Service you may contact us by email at [email protected]
Pleila Acceptable Use Policy
In order for the Pleila service to function smoothly for us and all users, we require as a condition of your using Pleila that you adhere to each of the following points when using the Pleila website at www.pleila.com, and any related services related to the Pleila service (“the Service”). You acknowledge that you are wholly responsible to us or any third party for anything you upload using the Service. We may without notice remove anything from the Service which has been uploaded contrary to this Acceptable Use Policy.You must not:
- Upload without obtaining the appropriate consents any personal contact information such as email address, phone number, street address, or any information that is confidential in nature
- Attempt to use another's account without authorisation, or create a false identity on the Service
- Create a user profile for anyone other than yourself as an individual person, or include in your profile any image of any other person
- Submit any material which is unlawful or which is offensive, abusive, indecent, pornographic, or infringes upon intellectual property, confidentiality or other proprietary rights
- Claim that you are associated with or endorsed by the Service unless you have entered into a written agreement with the Service to that effect
- Republish in bulk any information derived from use of the Service
- “White-label” or otherwise hold yourself out as the originating provider of the Service or any material or processes contained in it
- Tamper with, disable or override (or attempt to do any of those things) any security component or process of the Service
- Attempt to or actually access the Service by any means other than through the interfaces provided by the Service (i.e. the pleila.com website). An example of such other means is attempting to access the Service via software-as-a-service platforms that aggregate access to multiple services, which include the Service
- Use the Service to harm anyone or to cause offence to or harass any person
- Use the Service for fraudulent or abusive purposes (including, without limitation, by using the Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Service)
- Disguise, anonymise or hide your IP address or the source of any Content that you may upload
- Use the Service for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications
- Remove or amend any proprietary notices or other ownership information from the Service
- Interfere with or disrupt the Service or servers or networks that provide the Service
- Except as permitted by law, attempt to decompile, reverse engineer, disassemble or hack any of the Service, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us
- ‘Spider’, 'harvest', 'scrape' or collect any information about or regarding other people that use the Service, including, but not limited to any personal data or information (including by uploading Anything that collects information such as 'spyware')
- Disrupt the normal operation of the Service or do anything which is likely to have a negative effect on other users' ability to use the Service
- Disobey any requirements or regulations of networks connected to the Service
- Use the Service in violation of any applicable law or regulatory requirement
- Attempt to get around technological measures designed to control access to, or elements of, the Service
- Use the Service in any other way not permitted by these terms.