Lounge2 audio player
Last updated and effective as at: 5 January 2011
Officially, we're Imagination Technologies Limited, registered in England and Wales under company registration number 01306335, and whose registered office is at Imagination House, Home Park Estate, Kings Langley, Hertfordshire WD4 8LZ, and whose VAT number is GB645985583 ("Imagination Technologies", "we", "our", "us").
Please read these terms and conditions (the "Terms") carefully as they govern your relationship with us when you use our services (the "Services"), including the services on this website / WAP site / user interface (the "Site") and devices connected to our Services, like your connected radio receiver. From time to time we may use the services of other parties to help us run this Site to make it as useful as possible, but unless we say otherwise, we are responsible for all the services available on this Site.
By accessing or using the Services, you accept and agree to these Terms (which include our Privacy Policy, below) and you agree that your use of the Services, including any transaction you make, is subject to these Terms. If you do not agree to all of these Terms, please do not use the Services.
You may want to print a copy of these Terms for future reference.
Please note that we may have to make changes to these Terms from time to time, which will come into effect when posted on this Site. We may not be able to tell you directly of changes to the Terms, so please check the Site regularly for any updates. Your continued use of our Services following the posting of any changes will mean you accept those changes in their entirety.
We have tried to make these Terms as simple and readable as possible. If you have any questions about them please contact us at editorial(at)thelounge.com
All of the music, photos and other material on this Site (the "Content") is owned and controlled by us or others, including recording artists, songwriters and other creative folk. Please respect their interests and livelihoods by not copying or sharing the Content except as permitted on the Site.
For the same reason this Site, the Services and Content are made available for your personal and non-commercial use only. Please do not make any commercial use of any of the Content.
The Site contains links to websites and/or services controlled by other businesses and services. If we link it's because we think these sites usually provide useful information or services, but we haven't got the time to check them all the time, so we can't guarantee that they provide accurate information and we can't be responsible for any content or services they offer.
We do our best to keep an eye out for unsuitable material on the Site, but you may come across material you find objectionable or offensive. You agree that you use the Services at your own risk and we will have no liability to you for such material, but please do let us know if you come across anything you consider unsuitable and we will investigate.
The Services are available for people ages 18 and over. Please do not use our Services if you are under 18.
To use the Site and the Services at their best you need a compatible terminal or device, internet or mobile access, and (in some cases) particular software. Those are up to you at arrange. As you know, the Services may be affected by the performance of your hardware, software and Internet access.
So that you and others may enjoy our Services to their full potential, please do not do anything that would amount to a breach of these Terms, and in particular please do not:
The software and the technical wizardry used to provide the Services (the "Software") is owned by or licensed to us, our affiliates or our software suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and you acquire no other rights in the Software of any sort. In particular, please do not:
Our Services allow you to:
In order to get the maximum benefit from the Services, you will need to register on the Site. By registering, you will have access to a range of enhanced functionality, from being able to set your "favourites" and other user preferences to being able to access personalised items for your account, such as your "recently played" information.
To register, you will need to provide us with certain information, like your email address, and choose a username and password. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is at our discretion and we may revoke your password at any time.
Please remember that you are responsible for maintaining the confidentiality of your password and your account information, and you are solely responsible for all activities that occur under your password or account. You must immediately notify us of any unauthorised use of your password or account or any other breach of security. You are liable for all activity that takes place on your account.
Please ensure that the information we hold is up to date. Please amend your details as appropriate from time to time or email editorial(at)thelounge.com to notify us of any changes.
Please see our Privacy Policy for further explanation as to how we use the information we collect from you and how we use cookies and traffic analysis tools.
We have tried to make the Services as straightforward as possible to use. Simply follow the onscreen instructions if you would like to buy digital downloads.
Orders will be processed as soon as payment is made. Please note that because download orders are sent automatically after your payment is received we are not able to cancel your purchase once made.
Although we are unlikely to do so, we may have to reject your order for any reason prior to acceptance (for instance, if we do not receive a cleared payment) or if territorial restrictions prevent us from fulfilling your order.
We can accept payment only via your "digital wallet" account, which is operated for us by MiPay. You will need a valid credit card which you're authorised to use in order to open a digital wallet account with us. You agree that you will provide true, accurate and complete information about yourself when you open a digital wallet account. We reserve the right to decline digital wallet applications and/or to close existing digital wallet accounts if we have reason to believe that your identity is false, if in any respect you have provided inaccurate or misleading information, if funds are being misused, or for any other reason. You may forfeit funds in the wallet in certain circumstances.
You may top up your wallet at any time. Cleared payments are processed immediately and your credit is usually ready to use within minutes, but in some cases it may take several hours before the credit is available.
You can at any time request that we transfer back to you any unused funds in your wallet account and we shall be entitled to levy a small administration charge of £2.50 in respect of each such transfer to cover costs. We reserve the right to close accounts that remain unused for more than 24 months, and to retain the funds in those accounts if they total less than £10.
You agree that you will not use your digital wallet in breach of any law or regulation - for example, those governing anti-money laundering.
Please do not disclose your password or digital wallet account details to any other person, or allow anybody else to use your digital wallet. If you do so, we will not be liable for any losses you suffer as a result.
We may change the prices for products at any time by posting new prices on the Site. Prices are inclusive of VAT unless otherwise stated.
Sorry to say it again, but you may use the Content for personal, non-commercial use only, and not for any further redistribution or sharing. Please don't copy any Content except as permitted by these Terms - we don't have the right to allow you to do so. You may not burn audio-visual products. DRM software may be used from time to time to prevent unlawful use.
You are entitled to copy downloads on up to five devices that you own at any time, but we may have to limit the number of devices and/or the number of downloads in respect of a particular track if told to do so by the track owner.
Please do not use any Content as a musical ringtone - this is not a ringtone service. If security technology is embedded in any download it's because the copyright owner put it there. Please don't try to circumvent this technology, or ask or encourage anyone else to do so, or we may lose the right to provide you this service.
Downloads consisting of Content owned or controlled by Sony Music Entertainment are sold directly by Sony Music Entertainment Downloads LLC via Imagination Technologies as its sales agent.
Sorry, but occasionally, technical problems may sometimes delay or prevent delivery of a download. We do our best to keep the system working but we can't be liable to you for failures, defects or delays in delivery caused by:
your provision of incorrect information;
your computer failing to meet the minimum technical requirements for the Services; your failure to comply with instructions for use of the Services; or
an event which is outside our reasonable control.
We may, in our sole discretion, terminate or suspend your password, account or use of the Services without notice if you are in breach of these Terms. Termination or suspension of your access rights shall not affect any other right or relief to which we may be entitled in respect of any breach.
Some of the following sections are very legal, but they're here to protect our business.
In relation to the Services, our liability for any losses that you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however they arise.
We try our best to make the Site and Services an excellent experience but we make no warranty that they will meet all your requirements, that the Content will be accurate or reliable, that the functionality of the Site or the Services will be uninterrupted or free of errors, viruses or any other bug which may be harmful or destructive.
You agree to indemnify us, our affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to or related to your breach of these Terms or your breach of any applicable law, rule, regulation or third party right.
This Section does not in any way limit or exclude our liability for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
Nothing in these Terms shall affect your statutory rights as a consumer.
Some of our downloads are restricted by Territory. Please do not try to circumvent any territorial restrictions by providing false billing information.
If you are accessing the Site outside the UK on a permitted and lawful basis some elements of these Terms may not apply to you, and you may have certain additional statutory rights in respect of your use of the Site and the Content.
We will not be liable or responsible for any failure to perform, or delay in performance of, the service or any of our obligations that is caused by events outside our reasonable control.
In the event that any provision or part of a provision of these Terms shall be, or shall be held to be, illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction that provision shall be severed and the remainder of these Terms shall survive and remain in full force and effect.
These Terms shall be governed by and construed in accordance with English law and you and we hereby submit to the jurisdiction of the English Courts as regards any claim or matter arising in relation to these Terms.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
