mflow is the new way of discovering music through people

TERMS OF USE AGREEMENT

ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.mflow.com ("Site") OR ANY OF THE INFORMATION CONTAINED IN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").

Contracting parties. When you register with the Site, you are contracting with Digital Distribution Networks Limited, a company registered in England and Wales with number 6436769 and registered at 1.29 The Light Box, 111 Power Road, Chiswick, London, W5 1PY. Digital Distribution Networks Limited is referred to in these terms and conditions as "we", "us", "our" or "mflow". You must reside in the United Kingdom to use the Site.
Passwords. You agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, let us know and we will close your account as quickly as we can.
Your Information. If you provide any information to the Site, you agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy.
Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site ("Content") is entirely at your own risk. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. Please note that mflow does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Whilst we always do our best to avoid it, some tracks or products may sometimes remain advertised on the Site even when no longer available. mflow gives no warranties or representations with respect to the quality of tracks and / or other Content.
Objectionable Material. If you encounter or become aware of any objectionable content posted anywhere on the Site, please report such material (and the specific page on which it is found) to help@mflow.com.
Downloading Music from mflow. All music obtained from or through mflow is for your own personal and non-commercial use only and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission. Except in the case of ringtunes and video tunes, no item of content downloaded from mflow shall be used as a musical "ringer" in connection with phone calls.
Playlists. You may from time to time compile your own preferred or recommended lists of tracks, known as "Playlists". Please note that no intellectual property rights shall subsist in any Playlists, but if any such rights do subsist then you hereby grant to us a perpetual royalty-free licence to use such rights in any media and to sub-license such rights in our discretion.
Purchasing. The contract between you and mflow for the purchase of products via the Site is formed in each case only when we accept your payment (whether or not including any Credits) and make such products(s) available for you to download and/or delivery.
Payment and Pricing. You may pay for any purchased items using any of our approved debit or credit cards or one of our approved e-money providers. All prices are stated in pounds sterling and are valid until altered by mflow. Prices are inclusive of VAT. In the event that you order products and the price published on the Site was incorrect we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at the correct price.
Discount Credits. Unlike most other music download sites, mflow encourages you to recommend music to other users by offering to you a discount credit worth 20% of the purchase price paid by another user when they purchase tracks or Playlists recommended by you using the mflow system ("Credits"). In short, you will be awarded Credits where another user purchases a track from your profile page and/or when you make a recommendation to members "following" you and they buy from your recommendation and identified your Playlist as the relevant inspiration. Any track may be purchased using Credits as partial or full payment. Credits have no monetary value and are not a taxable supply of goods or services. Credits must be used within twelve months of creation or will become void. mflow reserves the right to change the Credits validity period or remove any Credits if there is a suspicion that the Credits were earned by deception.
Flows. Whilst using the Site, you will create and store an associated "Flow", with which you may allow other users to follow your music and use of the Site, including details of your Playlists, recent purchases, recommendations, links to external sites and/or other Flows that you follow.
Widgets. mflow will from time to time provide various widgets (or electronic tools) to allow you to make available certain information (including your Flow) to users on third-party sites. If you do not wish to make any of your information so available then please do not use any of the Widgets in "my profile" or disable the function.
General Uploading. If you upload any material to the Site (including, without limitation, text and music) you hereby grant to us a royalty-free, worldwide, non-exclusive licence to use that material in all media and, specifically, to make that material available via the Site to other users. You warrant that all such materials are original, that you have the right to grant such licence and you agree to waive your moral rights for the purposes of such licence. You also warrant that the material is not obscene, offensive or defamatory to any person or otherwise illegal. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and we may remove the material at any time., your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site.
Uploading Music. If you upload any recorded music to the Site, you hereby warrant and represent that you personally recorded that music, or that you have permission from or are authorised by the owner(s) of that music for such use. If you submit a "cover" (i.e. your own version of someone else's song) or any material comprising any pre-existing content (i.e. "samples" from other records), you must tell us at the time of posting.
Code of Conduct for User Content. You understand and agree that any information or content you post to the Site may be viewable by, or made available to, other users. You agree that you are responsible for everything that you post to the Site and you agree not to:
1. post content or participate in any form of discussion which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable material;
2. post content which you do not have the right to use or transmit to the Site or any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment;
3. impersonate any other person or entity whilst using the Site with the intent to mislead or misrepresent others;
4. create multiple accounts on the site; we reserve the right to remove additional accounts created to deceive;
5. solicit any other service within mflow;
6. endorse or promote any products or services not directly linked to mflow without prior consent from mflow;
7. attempt the sale of any goods via the mflow service;
8. make use of any "deep link, robot" or any automated devices created on mflow; and
9. probe or scan any of the measure we use to secure the Site.
We will be entitled at our discretion to remove anything which is posted or transmitted to, from or via the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way and we express disclaim any liability for such removal. Please note that the information posted to the Site by users represents the views or findings of the relevant user and is not necessarily the views of mflow.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by mflow. mflow will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud mflow or any other parties through User's use of the Site or services provided via the Site. mflow reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User's IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, "mflow") are the trademarks or trade names of mflow or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks cover art, trade names or taglines without the prior written permission of mflow. All corresponding data linked to the song track/album "AMG data" is subject to copyright restrictions.
Liability. User agrees that the liability of mflow to User under this Agreement shall be limited to the amount User has actually paid to mflow for its products or services. Except as set out herein, we do not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of mflow.
Disclaimer. All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
Indemnity. User agrees to indemnify mflow for any loss or damage that may be incurred by mflow, including without limitation legal fees, arising from User's use of the Site or User's use of any material or information obtained through the Site.
Refund Policy. mflow has a no refund policy, content cannot be returned for cash.
No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
Account Termination. mflow has the right to terminate any account at any stage without reason.
Promotional Codes/Credit. Promotional codes/credit will expire within thirty days after the first day of the relevant promotion, unless otherwise determined by the terms of the relevant promotion.
Explicit Content. mflow accepts no liability for content of the tracks and the attached metadata provided to mflow by content suppliers, including cover art, song titles, lyrics and / or music. mflow is not a member of the BPI; mflow does not make use of any sticker scheme to alert Users that the Content may be offensive or otherwise objectionable.
Age Restriction. No persons under the age of 16 years old may register with the Site.
Warranties. You warrant and undertake that:
1. you are domiciled in the United Kingdom and your personal computer or mobile device (as applicable) is registered in the United Kingdom at the time of purchase of Content;
2. your are an individual consumer (natural person purchasing Content only for your own personal use for entertainment purposes and not for resale, redistribution, syndication, use in providing goods or services, or distribution or retransmission of Content to any other person);
3. you will not duplicate, port, distribute or otherwise transfer Content out of your device(s) via any means (provided that (i) up to five (5) transfers of each item of Content can be made to up to five (5) identified portable devices; and (ii) that you will not remove or temper with any technology in which tracks may be wrapped or with which tracks are delivered);
4. you are and will continue using the Site only through the internet and only with software (including embedded software) that is capable of playing the delivered Content; and
5. you have read, understood and agreed to the mflow Terms of use and Privacy policy available at the Site.
Acknowledgement. You acknowledge that the Content being purchased and the copyrights therein are the valuable intellectual property of our suppliers and all Content is sold solely for private and personal use. Any copying, redistribution, reproduction, transmission, communication, sale, use, broadcast, public performance, rental or lending, adaptation, sub-licence or other use of any Content is expressly prohibited without the prior written consent of the copyright owner. Copyright owners expressly reserve all rights and remedies available to them at law or in equity.
Competitions. Competitions on mflow or in conjunction with mflow are run by Digital Distribution Networks Limited (trading as mflow), a company registered in England and Wales having its registered office at Unit 1.29, the Lightbox, 111 Power Road, London W4 5PY, in accordance with the following rules:
1. Competition duration and prize value is stated on each competition landing page. The competition can be extended or cancelled at anytime without notice and at the discretion of mflow.
2. Entry to competition is free and open to UK residents only. Entrants must be over 16 years of age. No entrance fee or purchase is required to enter the competition.
3. To enter the competition downloading and registration of mflow is required, this will qualify your entry in to the competition. mflow reserves the absolute right to reject any incorrect or incomplete entries. mflow reserves the right to reject any entry on any grounds that it may from time to time consider appropriate. The decision of mflow to accept or reject an entry is final and no correspondence will be entered into.
4. No alternative cash or otherwise to the stated prizes are available.
5. Winners will be picked at random and will be announced within 14 working days after the close of the competition via email. mflow shall be obliged to contact the prize winner via the email address entered via registering form on mflow. Competition prize will be supplied within 14 working days of notification of win to entrant. mflow may require winners to take part in post-competition publicity.
6. mflow is bound by the Data Protection Act 1998 and entrants can request access to personal information held about them by contacting the company. mflow reserves the right to cancel the competition if it is reasonable to do so or if unforeseen circumstances arise. On receipt of an entry the competition entrant is deemed to have accepted these terms and conditions and to have agreed to be bound by them. These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
Variation. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User's continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.