Becoming a member of Playchecked and registering instruments or otherwise using https://www.playchecked.com (the “Site”) to search for instruments is governed by these terms and conditions (the ’Terms and Conditions’). These Terms and Conditions should be read alongside, and are in addition to, our Privacy Notice. Please read these Terms and Conditions carefully and print a copy for your future reference. By using Playchecked.com you agree that you have read, understood and agree to these Terms and Conditions and the Privacy Notice. If a user does not accept these Terms and Conditions they should exit the Website immediately and should not create an account with Playchecked.
Playchecked Ltd. (“Playchecked,” “We,” or “Us”) may at any time revise these Terms and Conditions to comply with law or to meet our changing business requirements without notice. Any updates or amendments will be posted on the Website. It is up to you to regularly review the Terms and Conditions in case there are any changes. By continuing to use Playchecked.com as a member or non-member you agree to be bound by the terms of these updates and amendments.
Playchecked.com is a site operated by Playchecked Ltd, referred to in these Terms and Conditions as “Playchecked,” “We,” or “Us.” Playchecked is registered in England and Wales under company number 10879760 and has its registered office at 41 Alexandra Avenue, Mansfield, Nottinghamshire, NG18 5AD. Playchecked is a free to use secure musical instrument registration service.
1.2 Should you have any questions about these Terms and Conditions or wish to contact us for any reason whatsoever, please use the contact details set out below:
2.1 Playchecked.com is not intended for children. By using Playchecked.com, you confirm that you are aged 18 or over or that you are using the Playchecked.com with the consent and under the supervision of a parent or guardian.
2.2 You agree to use Playchecked.com only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else’s use and enjoyment of Playchecked.com. You may not use Playchecked in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose.
2.3 You agree that you are the legal owner of any instruments registered with Playchecked.com
2.3 You are responsible for the accuracy of any information that you submit to Playchecked.com and we will not be responsible, or liable to you or any third party for any inaccuracies. We have provided an administration service (’Your Account’) where you can review your personal information at any time to ensure it is correct and current. You will be able to update, correct, change or delete inaccurate details.
2.4 Playchecked have the right to remove any posting you make on the Site if, in Playchecked’s opinion, your post does not comply with our Terms and Conditions.
2.5 Playchecked have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
2.6 You are permitted to download and print content from Playchecked.com solely for your own internal business purposes and/or personal use. Playchecked’s status as the authors of the content on our site must always be acknowledged. Content from Playchecked.com must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of Playchecked.com or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of Playchecked.com for commercial exploitation in any circumstances.
3.1 As between you and us, we own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to Playchecked.com.
3.2 By uploading content to the Site, you confirm that you either a) own the copyright in that content or b) you have the authority of the copyright owner to upload the content to the Site.
3.3 You agree to grant Playchecked a non-exclusive, worldwide irrevocable licence to use, display, publish , transmit, copy, edit, alter, store, re-format and sublicense any content that you upload to the Site for such purposes as reasonably required.
3.4 If you use any part of the Site in breach of these Terms and Conditions your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the material you have made.
4.1 While we try hard to ensure that Playchecked.com is functioning correctly and is as accurate as possible, this will not always be achievable and therefore the following disclaimers apply.
4.2 Playchecked.com does not guarantee or represent that the content and/or facilities available or accessible via Playchecked.com will always be accurate, complete or current or that access to Playchecked.com will be uninterrupted. We may suspend or withdraw or restrict availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.3 We may update and change our site from time to time to reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
4.4 Accessing Playchecked.com and using any information contained on the site is done entirely at the user’s own risk. We provide the content on the Playchecked.com in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that Playchecked.com does not infringe the rights of any third party. The user, and not Playchecked, will be entirely responsible for the use of content on Playchecked.com and such use is entirely at the user’s risk.
4.5 While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on Playchecked.com, we accept no responsibility or liability for any resulting damage to software or computer systems and/or any resulting loss except where such damage is caused by Playchecked not exercising due care and skill.
You are responsible for configuring your information technology, computer programmers and platform to access the site. You should use your own virus protection software.
You must not misuse the site by knowingly introducing viruses and/or other malicious programmes. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site 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. Playchecked 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.
4.6 Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site; or the use of or reliance on any content displayed on our site.
If you are a consumer user:
You agree not to use our site 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.
5.1 All users and operators shall comply with the responsibilities set out in this clause in relation to the security of their user ID and passwords. This shall include:
Keeping passwords confidential
Not sharing their password and user ID or access to the secure asset register with others
Not using the same password they use for other purposes (e.g. personal banking)
Changing passwords if they believe they may have been compromised and notifying us promptly at firstname.lastname@example.org
Not using automated logging-on facilities that automatically enter the user ID and/or password(s).
Not leaving equipment that is logged-on to the Site unattended.
5.2 All users and operators shall be required to indicate their acceptance of these responsibilities before being granted access privileges and this shall be recorded by us.
5.3 Playchecked have the right to disable any user ID or password at any time if, in our reasonable, opinion, you have failed to comply with the provisions of this clause 5.
6.1 If, in our reasonable opinion, you breach these Terms and Conditions, we may take such action as we deem appropriate, including taking all or any of the following actions:
6.2 We exclude liability for actions taken in response to breaches of these Terms and Conditions. The responses described in these Terms and Conditions are not limited, and we may take any other action we reasonably deem appropriate.
7.1 The Website may contain links to third party websites over which Playchecked has no control. Such links are supplied solely for the information of users. Playchecked is not responsible for the contents or reliability of the linked websites and such links should not be interpreted as approval by Playchecked of those linked website or information you may obtain from them. Playchecked does not guarantee that these links will work all of the time and we have no control over the availability of the linked pages or any use of personal data by third party.
8.1 If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
8.2 Only you and we shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8.3 These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
8.4 These Terms and Conditions will be governed and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any matter or dispute arising out of or in connection with these Terms and Conditions.
8.5 Omission by Playchecked to exercise any right under these Terms and Conditions will not constitute a waiver of such right unless expressly stated by Playchecked in writing.
These Terms and Conditions were last updated on 29th May 2017.