TERMS OF WEBSITE USE
1. INFORMATION ABOUT US
1.1 Our site is operated by MPL Communications Limited ("we or us"). We are registered in England and Wales under company number 944968 and have our registered office and main trading address at One Soho Square, London W1D 3BQ. Our VAT number is 241214021
2. ACCESSING OUR SITE
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may make some parts of our site, or our entire site, available only to users who have registered an account with us. Accordingly you may be required to register an account with us and submit certain personal data to access certain parts of our site.
2.4 You may not sell or transfer your account to any other person without our prior written approval.
2.7 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
2.9 As a condition of us (and/or our partners) providing the site and services available on it to you, you confirm that you will use the site and the services available for your personal, non-commercial use only.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on or distributed through it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and private use only.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.5 You must not use any part of the materials on our site (including without limitation any illustrations, photographs, video or audio materials) for any purpose other than your own personal and non-commercial use only without obtaining a licence to do so from us or our licensors in writing.
4. AVAILABILITY OF MUSIC STREAMING & PLAYLISTS
4.1 We may provide you with access (on a temporary basis) to certain music tracks for you to stream.
4.2 All music tracks are made available to you for your own personal and non-commercial use only. All other rights in the music tracks are reserved by us.
4.3 Please note that any playlist you may create on the site will be made public to other users of the website also.
5. DOWNLOADING REMIX TRACKS
5.1 We may provide you with the ability to create and record on our site your own remixes of certain songs featuring Paul McCartney. You may then download a copy of that remix file for your own personal and non-commercial use only. No other rights or permission are granted by us. All permissions granted by us to you are non transferable. You agree that you are not entitled to exploit any music files downloaded by you for any commercial purposes without our prior written consent. All intellectual property rights in the remix tracks created on our site shall be owned by us, and we reserve all our intellectual property rights and moral rights (including those of our licensors).
5.2 In conjunction with Soundcloud (or any other third party parties we advise you of), you may upload and share for free the remixes on the Paul McCartney artist section on the Soundcloud website. No other rights or permission are granted by us.
6. DOWNLOADING WIDGETS AND OTHER CONTENT
6.1 Where you download with our consent any widgets (i.e. software) or other content from the Site, then such use is restricted to your personal and non-commercial use only. We reserve the right to revoke any permissions granted to you on notice. Any software, material or other content downloaded from our site is provided on an ‘as is' basis only. Whilst we take reasonable commercial measures to ensure that content made available to you is free from viruses, it is your responsibility to ensure that you have up to date anti-virus protection software operating on your system.
7. RELIANCE ON INFORMATION POSTED
7.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
8. OUR SITE CHANGES REGULARLY
8.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
9. OUR LIABILITY
9.1 The material displayed on our site and any content you may access or download is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we other members of our group of companies and third parties connected to us hereby expressly exclude:
9.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
9.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time;
(h) and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.2 This clause does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
10. PURCHASING ITEMS THROUGH THE WEBSITE
10.1 Where we provide you with an opportunity to purchase items such as t-shirts, CDs, merchandise ("Physical Goods"), or digital goods such as music downloads ("Digital Goods"), then you shall need to do so via our third party fulfilment partners ("e-Shop Providers").
10.4 Please note that Digital Goods by their nature cannot be returned if you later change your mind so please ensure you really do wish to purchase the goods before you complete the transaction online.
10.5 Depending on your local jurisdiction and the contract between you and the e-Shop Providers, you may have certain rights to return Physical Goods.
10.6 If your Physical Goods are delivered faulty to you then you should contact the e-Shop Providers to notify them of your concerns and to arrange where applicable a return and/or refund. In some instances you may be entitled to a ‘cooling off period' where you buy Physical Goods online. This is currently, within the EU, a period of seven days from when you receive the Physical Goods to decide whether you wish to keep the goods. The e-Shop Provider will be responsible for notifying you further of these rights. When you return Physical Goods you are encouraged to do so via registered post so as to have proof that you returned the goods. Any damage you cause to the Physical Goods in your possession may invalidate any rights you have to receive a refund. You should therefore examine the Physical Goods immediately when you receive them to ensure you want to keep them. Any worn items of clothing may not returned if they are not in a resalable condition.
10.7 If you purchase CDs or DVDs then you may not be able to return these items during any ‘cooling off period' if you remove any packaging or seal around the items.
10.8 Please note that any goods offered for sale or for download via our website are offered for sale to consumers only for their private, non commercial use. All prices quoted on our site shall include VAT (where applicable).
11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
11.2 Please note that information you post in your profile page will be viewable by other people. In addition, certain functionality of our site (such as playlists and tour information) will also be made available to other users to view so as to create a real online fan community. Please do consider whether you want such information to be shared on the site before you post it.
12. UPLOADING MATERIAL TO OUR SITE
12.1 We may from time to time provide a feature that allows you to upload material to our site, or to make contact with other users of our site, if you make use of such feature then you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
12.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the irrevocable and perpetual right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
12.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
12.4 We have the right to remove any material or posting you make on our site, and the right to monitor any communications you make via the site.
12.5 Where required by law we will retain copies of any communications you may make via the site, and reserve the right to share such material with law enforcement agencies.
13. MODERATION OF COMMENTS AND MATERIAL
13.1 Please note that we do not actively moderate comments or other content which users may submit to our site. We rely upon community moderation of our site, and provide users with a way of flagging up inappropriate comments or material on our site. As a result, care should be taken when allowing minors to use our site.
13.2 We shall examine carefully a comment or other material which a user notifies us as being inappropriate, and we shall exercise in our discretion our right to remove such content.
14. ACCEPTABLE USE POLICY
The following provisions set out our site's Acceptable Use Policy that you must comply whilst you use our site.
14.1 PROHIBITED USES
14.1.1 You may use our site only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below). To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(e) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
14.1.2 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.
(b) Not to access without authority, interfere with, damage or disrupt:
(c) any part of our site including without limitation in any way that causes or is likely to cause, distress to any person, or for the purposes of spamming or sending unsolicited emails or messages; or
(d) any equipment or network on which our site is stored; or
(e) any software used in the provision of our site; or
(f) any equipment or network or software owned or used by any third party.
14.2 INTERACTIVE SERVICES
14.2.1 We (or our chosen partners) may from time to time provide interactive services on our site, including, without limitation:
(a) Chat rooms.
(b) Bulletin boards.
(d) Widgets – such as downloadable music players or newsfeeds.
(e) Music streaming services.
14.2.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). The use of the applicable interactive service shall be governed by these terms and our Terms of Website Use unless where expressly set out to you.
14.2.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
14.2.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
14.2.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
14.3 CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
14.3.1 Contributions must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in the UK and in any country from which they are posted.
14.3.2 Contributions must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from us, if this is not the case.
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
14.4 THIRD PARTY SERVICES
14.4.1 Part of our site allows you to share content from third party services such as YouTube and Flickr. You must ensure that you have all necessary consents and permissions to share such content on our site via such third party services, and in accordance with the third party terms of service.
14.4.2 All content must adhere to our Content Standards above.
14.4.3 Some content may be restricted for use outside those services by the copyright owner, and it is your responsibility to check that you are entitled to use the content.
14.4.4 By sharing such content, you confirm to us that you have all necessary consents and permissions as required by law to do so, and that the content adheres to our Content Standards.
14.5 SUSPENSION AND TERMINATION
14.5.1 We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(a) Immediate, temporary or permanent withdrawal of your right to use our site.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
14.5.3 We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
14.5.4 CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Site.
15. COPYRIGHT INFRINGEMENT NOTICE AND TAKE DOWN POLICY
15.1 We have taken all reasonable steps to ensure that material made available to you on our Site has been cleared for use. However if you believe that there is material on our Site which you have certain intellectual property rights in and to which you have not granted permission to be used, then you should notify us in accordance with this clause 15.
15.2 A notice of alleged copyright infringement should be sent to our designated copyright agent at the following address:
MPL Communications Limited
Attn: Copyright Notice, (paulmccartney.com)
1 Soho Square, London, W1D 3BQ
15.3 Your notification of claimed copyright infringement must be addressed to our copyright agent and you should include the following information:
15.4 A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
15.4.1 Specific identification of each copyrighted work claimed to have been infringed so that we may identify the work on our Site;
15.4.2 A description of where the material believed to be infringed is located on our Site including URL to help us identify the material you are alleging is infringed;
15.4.3 Your contact information, including your complete name, address, telephone number, and email address so that we may contact you in respect of your claim;
15.4.4 A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
15.4.5 A statement that the information in the notification is accurate, (and that we can rely on such statement in a court of law), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly.
16. VIRUSES, HACKING AND OTHER OFFENCES
16.1 You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
16.2 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 our site will cease immediately.
16.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
17. LINKING TO OUR SITE
17.1 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, but 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.
17.2 You must not establish a link from any website that is not owned by you.
17.4 If you wish to make any use of material on our site other than that set out above, please address your request to
18. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
19. JURISDICTION AND APPLICABLE LAW
20. TRADE MARKS
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on our site are registered and unregistered Trademarks of ours and others. Nothing contained on our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Site without our written permission or the written permission of such third party that may own the Trademarks displayed on our Site. Your misuse of the Trademarks displayed on our Site, or any other content on our Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
22 ENTIRE AGREEMENT
23. YOUR CONCERNS AND SENDING US MATERIAL
While we are always happy to hear from you, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as music, lyrics, songs, screenplays, stories, original artwork, etc. Any communication or material you do transmit to our Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to our Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
MPL Communications Limited are committed to protecting and respecting your privacy.
This policy (sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1. INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
1.1 Information that you provide when you register to become a user or otherwise fill in forms on our site, such as your name, age, address, email address, sex, mobile number. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services or goods. We may also ask you for information when you enter a competition or promotion and when you report a problem with our site.
1.2 If you contact us, we may keep a record of that correspondence.
1.3 We or our agents on our behalf may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
1.4 Details of any transactions you carry out through our site and of the fulfilment of your orders.
1.5 Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
1.6 If you sign up to an account using a Facebook Connect login or Twitter login (or other social media login), then we may also obtain your username details and information set out on the relevant login page.
1.7 Over time you may provide or we will ask you to provide additional information which will extend your personal profile so we can increase our ability to ensure relevance of any messaging. You may choose to provide additional information to help this process.
1.8 We may also process email addresses and other personal information you supply us in respect of other individuals when you use the site to send an e-postcard. It is your responsibility to reasonably ensure that such an individual would want to be contacted in this manner and that you are permitted to submit their personal information to us. In accordance with the Data Protection Act 1998, we shall only store and process such personal information as is reasonably necessary to fulfill your request to send the e-postcard. We shall not use such information for any other purpose such as sending unsolicited emails or selling such information to third parties.
2. IP ADDRESSES AND COOKIES
2.1 We may also collect information about your computer, mobile phone (or other portable or static device used to access our site) and your visit to our site, including where available your IP address, operating system, session_id, login, screen name and browser type, for system administration and to report aggregate information to our partners and our advertisers.
2.2 We may obtain information about your general internet usage by using a cookie file and/or similar tools which are stored on the hard drive of your computer or other device used to access our site. Cookies report anonymous data back to us. They help us to improve our site and to deliver a better and more personalised service. They may be used to enable us:
(a) To estimate our audience size and usage pattern.
(b) To store information about your preferences, and so allow us to customise our site according to your individual interests and provide a more personalised experience to you.
(c) To speed up your searches.
(d) To recognise you when you return to our site.
(e) Our cookies will not be used to identify you as an individual.
More information on cookies, including deleting or controlling cookies is available at www.allaboutcookies.org .
3. WHERE WE STORE YOUR PERSONAL DATA
3.2 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4. USES MADE OF THE INFORMATION
We use information held about you in the following ways:
4.1 To ensure that content from our site is presented in the most effective manner for you and for your computer.
4.2 To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
4.3 To carry out our obligations arising from any contracts entered into between you and us.
4.4 To allow you to participate in interactive features of our service, when you choose to do so.
4.5 To notify you about changes to our service.
4.6 We may also use your data to provide you with information about goods and services which may be of interest to you and we or they may contact you about these.
4.7 To fulfil our legal obligations and respond to litigation.
5. DISCLOSURE OF YOUR INFORMATION
5.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
5.2 We may disclose your personal information to third parties:
5.2.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
5.2.2 If MPL Communications Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
5.2.4 To our third party partners as part of providing the full functionality and services of our site to you.
6. YOUR PRIVACY RIGHTS
6.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6.3 The Data Protection Act 1998 gives data subjects (i.e. you) certain rights to access personal information held about them. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. Requests should be made in writing to
7. INTERNET AWARENESS
Whenever you voluntarily post personal information in public areas, like journals, web-blogs, reviews, message boards, and forums, you should be aware that this information can be accessed by the public and can in turn be used by others to send you unsolicited communications. Please exercise discretion in deciding what information you disclose.
8.1 Please note that this Website and the service available on it are not aimed at Minors, and you should not share any personal information with us if you are a Minor (the age of Minors is determined by local laws where you reside). If we have reason to believe you are a Minor we reserve the right to delete your account.
By way of example, if you are under the age of 12 in the UK, you should seek parental or guardian consent before you submit personal data. If you are under the age of 13 in the US, then you must not provide any personal data to us.
Thank you for visiting our site.
Last updated: 31 October 2012