Band For The Day Limited
Terms and Conditions of Use: www.bandfortheday.com

In these Terms and Conditions we, our, or us refers to Band For The Day Limited

Acceptance of Terms
By accessing the content of www.bandfortheday.com ("the Website"") or any of our associated sites you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available on-line. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.
You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.

Modification
Band For The Day Limited reserves the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
Band For The Day Limited has complete discretion to modify or remove any part of this site without warning or liability arising from such action.

Limitation of Liability
Band For The Day Limited will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.
Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of Band For The Day Limited, its employees or agents.

Copyright
All intellectual property of Band For The Day Limited such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remains the property of Band For The Day Limited
By using the Website you agree to respect the intellectual property rights of Band For The Day Limited and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

Disclaimers
The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the Website is provided on an as is basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
We do not guarantee uninterrupted availability of the Website and cannot provide any representation that using the Website will be error free.

Third Parties
The Website may contain hyper-links to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyper-links to such websites does not imply any endorsement of views, statements or information contained in such websites.

Severance
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

Governing Law and Jurisdiction
The Website is controlled and operated by Band For The Day Limited, located in Scotland. We make no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


TERMS OF SERVICE

This website is owned and operated by Band For The Day Limited (Registered Number SC315195) having its registered office in Scotland at 20 Drumbrae South, Edinburgh, EH12 8SN ("BFTD")
By visiting this website or using any of the content and services that are available through youForTheDay.com domain name (the "Website") you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) BFTD's privacy notice, found in the About Us section of the Website and incorporated here by reference and (3) BFTD's Competition Rules, found in the Competition section of the Website and incorporated here by reference. Please do not use the Website if you do not agree to any of these Terms of Service or BFTD's privacy notice or the Competition Rules.


1. Definitions

The following words and phrases shall have the following specific meanings:

"Composition(s)" shall mean the musical works (whether with or without lyrics) performances of which are embodied in the Recording(s).

"Competition Prize" shall mean any prize payable under a competition on the Website.

"Material" shall mean biographies, photographs, video, the Recording(s) and all other material uploaded by you to the Website.

"Expenses" shall mean all expenses actually incurred by BFTD acting reasonably and in good faith that are directly and identifiably attributable to the exploitation of the rights licensed hereunder and payable to any third party operating at arms length from BFTD (including without limitation mechanical royalties but for the avoidance of doubt excluding BFTD's own overheads).

"Net Receipts" shall mean all income that is actually received by BFTD after deduction by BFTD of the Expenses.

"Recording(s)" shall mean the audio only sound recording(s) of performances of musical works which are uploaded by you to the Website in accordance with clause 3.

"Rights Period" shall mean the period commencing on the date hereof and continuing for the period of twelve (12) months and continuing thereafter until termination by either party subject to not less than sixty (60) days written notice.

"Royalty" shall mean

[(a) Fifty seven per cent (57%) (£0.20/$0.42/0.29EUR) of Net Receipts that are directly identifiable or allocable to the sale of a single download of the Recording(s) increasing to seventy one per cent (71%) (£0.25/$0.53/0.36EUR) of Net Receipts actually received by BFTD Limited when an mp3 becomes Band For The Day and eighty five per cent (85%) (£0.30/$0.63/0.43EUR) actually received by BFTD Limited when an mp3 is entered into the Hall of Fame;

(b) Forty six per cent (46%) (£0.15) of Net Receipts from text message voting for the Recording(s).

(c) On mobile phone mp3 download sales the following flat rates apply: A flat rate of £0.20/$0.42/0.29EUR, £0.22/$0.46/0.32EUR, when an mp3 becomes Band For The Day, £0.25/$0.53/0.36EUR when an mp3 is entered into the Hall of Fame.]

[the percentage of Net Receipts set out on the Website];

"Territory" shall mean the World.


2. Licence

2.1 You hereby license to BFTD throughout the Territory and for the duration of the Rights Period:

2.1.1 the non-exclusive right to store digital files of the Material and to make the Material available to third parties on the Website for downloading via the Internet; and

2.1.2 the non-exclusive right to use the name, the trademark, the logo, the approved likeness and the approved biographical information of the performers and recording artists whose performances are embodied in the Recording(s) on the Website; and

2.1.3 the right to sub-license to third parties the rights referred to in sub-clauses 2.1.1 and 2.1.2.

2.2 All rights in the Recording(s) not hereby licensed to BFTD are hereby reserved by you.


3. Service

3.1 You shall complete a submission form in the form on the Website and shall submit the same via the Website and shall simultaneously upload the Material to the Website. Subject to you conforming with the terms of this Agreement BFTD shall make the Material available on the Website for visitors to the Website to view to stream and to download (as applicable) via the internet.

3.2 You shall be entitled to have one or more of the Recording(s) added to the play list of the radio player on the Website for a period of one (1) calendar month subject to payment of the fee stipulated on the Website.

3.3 BFTD shall be free to join for all users, however BFTD reserves the right to introduce such charges as it sees fit for the services offered at any time. Written notification of any change in the pricing or charging format of the services on the Website will be given on the Website.

4. Payments and prizes

4.1 Subject to providing BFTD with details of your PayPal account BFTD shall be entitled to receive the Royalty in respect of Net Receipts and any Competition Prize that you shall win.

4.2 Competition Prizes shall be awarded on the basis of votes received by you in accordance with the Competition Rules which are provided on the website. Full explanation of terms and conditions regarding Competitions are found in the Competitions terms and conditions document.

5. Accounting

BFTD shall provide you with accurate and up to date details of all monies actually received by BFTD from sales of the Recording(s) and text message voting and the your share of such monies under clause 4 which BFTD shall remit to you on request once the amount of monies payable to you exceeds seven pounds and fifty pence sterling (£7.50) or such other sum which BFTD may acting reasonably and in good faith elect from time to time.

6. Warranties and Indemnity

6.1 you represent warrants and undertakes that:

6.1.1 you own or control throughout the Territory the copyright and all other rights in the Material;

6.1.2 you are and will remain during the Rights Period entitled throughout the Territory to license the rights hereby licensed to BFTD;

6.1.3 you have the full right and authority to enter into this Agreement;

6.1.4 you have obtained all necessary consents of the performers and recording artists whose performances are embodied in the Recording(s);

6.1.5 BFTD's exploitation of the rights licensed hereunder shall not infringe upon or violate the rights of any third party;

6.1.6 the information supplied by you to BFTD shall be complete and accurate in every respect;

6.1.7 BFTD and its licensees shall not be required to make payments of any sort in respect of the exploitation of the rights hereunder other than payment of the Royalty (including without limitation any payments to recording artists record producers trade unions Phonographic Performance Limited or any other industry associations) save that BFTD shall be responsible for securing all necessary licences in respect of the Composition(s) and for the payment of royalties in respect of same;

6.1.8 you shall keep your username and password confidential and secure;

6.1.9 you shall be responsible for any taxes payable in respect of monies remitted to them under this Agreement;

6.1.10 the Material shall not be offensive or defamatory;

6.1.11 you shall not use the Website to advertise other businesses without BFTD's express written permission.

6.2 you shall indemnify and hold BFTD harmless from any and all claims, liabilities, costs, losses, damages or expenses, including reasonable outside solicitors fees, incurred by BFTD and arising from a breach or alleged breach by you of the warranties representations or undertakings by you contained in this Agreement.

7. Termination

7.1 Without prejudice to any rights or remedies that either party may have at law or otherwise under this Agreement, either party shall be entitled to terminate this Agreement and the Rights Period in the event that:

7.1.1 the other party fails to perform its material obligations hereunder and such failure is not cured within sixty (60) days after written notice thereof being given to such party; or

7.1.2 the other party enters into compulsory liquidation or makes any compromise for the benefit of its creditors or the other party becomes the subject of insolvency or bankruptcy proceedings.

7.2 BFTD shall be entitled to close your account and to remove all Material in the event that there are no sales of the Recording(s) or if in the opinion of BFTD has been little or no interest in the Recording(s) over a three (3) month period. BFTD will notify you by email prior to closure of your account and removal of the Material due to inactivity.

8. Limitation of Liability

8.1 BFTD will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.

8.2 Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of BFTD, its employees or agents.


9. Intellectual Property

9.1 All intellectual property of BFTD such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remains the property of BFTD

9.2 By using the Website you agree to respect the intellectual property rights of BFTD and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.


10. Disclaimers

10.1 The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.

10.2 The information contained with the Website is provided on an as is basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.

10.3 BFTD does not guarantee uninterrupted availability of the Website and cannot provide any representation that using the Website will be error free.

10.4 BFTD's decision regarding the winner of any competition shall be final. BFTD takes no responsibility regarding the quality and delivery of Competition Prizes by third parties and all Competition Prizes are offered on an "as seen" basis. BFTD accepts no responsibility for damage to Competition Prizes while in transit with third party carriers.

11. Third Parties

11.1 The Website may contain hyper-links to websites operated by other parties. BFTD does not control such websites and BFTD takes no responsibility for, and will not incur any liability in respect of, their content.

11.2 Our inclusion of hyper-links to such websites does not imply any endorsement of views, statements or information contained in such websites.

12. Notices

All notices to either party shall be made in writing by email. BFTD shall use the email address supplied by you and you shall use the Contact section of the Website.


13. Assignment

BFTD shall be entitled but not obliged to assign the whole or a part of this Agreement to any third party.


14. Jurisdiction

The validity construction interpretation and effect of this Agreement and any or all modifications hereof shall be exclusively governed by the Laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish courts.