These terms and conditions (the "Terms and Conditions") govern your use of the Trackhunter Application (the "App") or the Trackhunter website (the "Website"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APP OR WEBSITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, AND THE PRIVACY POLICY YOU MAY NOT PARTICIPATE IN THE ACTIVITIES OF THE APP OR SITE OR OTHERWISE ACCESS ITS SERVICES. By using the App or Website you signify your acceptance of the Terms and Conditions and Trackhunter's Privacy Policy ("Privacy Policy"). 1.0 Subscribers and connected users 1.1 Users who wish to be notified of new content, share music discoveries or use the App on multiple devices must provide Trackhunter with information about yourself via Trackhunter's subscribe via email form ("Subscription Information") on the Website ("Subscriber") or the Connect to Facebook feature in the App ("User Information") ("Connected User"). Trackhunter's use of this Subscription and User Information is set out in Trackhunter's Privacy Policy 1.2 You must provide true, accurate, current and complete Subscription or User Information when completing the appropriate form. You must maintain and update this Subscription and User Information and keep it true, accurate, current and complete. If any Subscription or User Information provided by you is not true, accurate, current or complete Trackhunter has the right to cancel your services and refuse any current or future use of the App or Website. 1.3 You may cancel your subscription or Facebook connection at any time by contacting Trackhunter at support@trackhunter.co.uk 2.0 Rules of Use 2.1 Whilst accessing the App or Website, you may not: (a) post, transmit, disseminate, distribute, or cause to be distributed any material which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties (such as rights of privacy and publicity); (b) post, transmit, distribute or cause to be distributed any information or software which contains a virus, cancelbot, Trojan horse, worm or any other similar software or programs that may damage the operation of another's computer; (c) delete any author attributions, legal notices, or proprietary designations or labels in any file that is either uploaded or downloaded; (d) falsify the origin or source of software or other material contained in a file that is uploaded or downloaded; or (e) upload, post, publish, transmit, reproduce, disseminate, reverse engineer, distribute or cause to be distributed in any way information, software or other material obtained via the Website which is protected by copyright or by any other intellectual property right without obtaining permission of the owner of the copyright or other intellectual property. 2.2 By accessing this App or Website you acknowledge that they may contain information, data, photographs, audio and video clips, graphics, images, links and other material, and that such content may include, but is not limited to, proprietary and confidential information, copyrights, patents and trademarks of Trackhunter or our clients and associates (together, the "Content"). 2.3 The App, Website, Content and other information included is protected by copyright and is owned by Trackhunter or its licensors and all rights are reserved. Except as provided herein, none of this material or its related software, in whole or in part, may be used, reproduced or redistributed without the respective owner's prior written consent. 2.4 You are responsible for complying with any other use restriction required by third party owners of such Content. You assume all risk and responsibility for determining whether any such Content is in the public domain. 2.5 You agree to indemnify Trackhunter for any claim or loss suffered by us arising out of any breach by you of this Clause 2. 3.0 Monitoring 3.1 Trackhunter has no obligation to screen or monitor and is not responsible for screening or monitoring any Content, but reserves the right, in its sole discretion, to refuse or remove any Content available via the App or Website for any reason and with no explanation. 3.2 By becoming a Subscriber or Connected User, you agree that Trackhunter has the right to monitor the App and/or Website electronically from time to time and to disclose any information (including information about usage of the App and/or Website) necessary to comply with all legal requirements or other regulatory requests, and to ensure the continued operation of the services provided therein. 4.0 Privacy 4.1 The Subscription and User Information you provide and all other information about you or your activities gained through your participation in this App or Website are subject to our privacy policy which is incorporated into these Terms and Conditions by reference. 4.2 You agree that Trackhunter may disclose any information, including Subscription and User Information, in order to comply with any applicable laws and/or requests by any Governmental or law enforcement agency. 5.0 Limitations of Liability 5.1 Trackhunter uses reasonable endeavours to ensure that the data on this Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by law, Trackhunter disclaims all warranties and representations (whether express or implied) as to the suitability of any information contained in software programs, documents and related graphics on this Website for any purpose. Trackhunter does not guarantee that this Website will be fault free and does not accept liability for any errors or omissions. 5.2 This Website contains hyperlinks to websites operated by parties other than Trackhunter. Such hyperlinks are provided for reference only. Trackhunter does not control such websites and is not responsible in any way for their contents. In addition, Trackhunter's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. 5.3 Due to the nature of electronic transmission of data over the internet, any liability Trackhunter may have for any losses or claims arising from an inability to access this Website, or from any use of this Website or reliance on the data transmitted using this Website, is excluded to the fullest extent permissible by law. 5.4 In no event shall Trackhunter be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss or damage of any kind howsoever caused and whether in contract, tort (including negligence) or otherwise arising out of use of this Website, save where such liability cannot be excluded by law. 5.5 Notwithstanding the generality of Clause 6.4 above, Trackhunter expressly excludes liability for loss of profit, business, revenue, goodwill or anticipated savings or other economic loss or damage which may arise in respect of the Content or its use. 6.0 Indemnity 6.1 You agree to indemnify and hold Trackhunter and its parents, subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Trackhunter or its parents, subsidiaries, affiliates, officers and employees arising from a breach of the Terms and Conditions, the Content you transmit to or through, as well as your conduct on or arising from the use of, this App or Website. 6.2 In the event that Trackhunter is entitled to be indemnified by you pursuant to Clause 6.1 above you agree that Trackhunter may contact you via the Subscription or User Information provided. 7.0 Termination 7.1 Without prejudice to any remedy that Trackhunter may have against you, Trackhunter reserves the right to terminate or suspend with immediate effect and without notice your access to and use of this App and/or Website, if Trackhunter: (a) reasonably believes that you have breached any of these Terms and Conditions; (b) is unable to verify the accuracy or validity of your Subscription or User Information or any other information provided by you; or (c) suspects fraudulent, abusive or illegal activity by you. 7.2 Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this App or Website in any way, your only recourse is to immediately discontinue to access or use this App and Website. 8.0 General 8.1 These Terms and Conditions shall be governed by and construed in accordance with English Law and by signifying your acceptance of these Terms and Conditions you agree to submit to the exclusive jurisdiction of the English Courts. 8.2 If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable for any reason, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected. 8.3 Neither party shall be liable for any breach of these Terms and Conditions due to any cause beyond its reasonable control. 8.4 No provision of these Terms and Conditions or of the Privacy Policy is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it. 8.5 If Trackhunter fails to exercise or enforce a right under these Terms and Conditions that failure shall not constitute a waiver of such right. 8.6 Trackhunter may modify these terms and conditions at any time by publishing the modified terms and conditions in the App or on the Website. Any modifications shall take effect immediately after posting.