[Log On]

		Of all the songs in all the world, which five define you? Pick five songs and tell us why they are important to you, no matter how embarrassing; honesty is truly the best policy ... Of the millions of songs out there, has someone chosen the same five as you? Welcome to the adventure, welcome to the world of

Terms & Conditions     1. Introduction. This agreement is a legal document, which sets out your rights and obligations, and those of Define5.com ("Define5", "We" or "Us"), in relation to this site and the services offered by the Define5 service. You must take the time to read and understand it, before registering for the Define5 service. By registering, you accept that you are entering into a contract with us on the terms of this agreement. Visitors to Define5 who do not register as a subscriber (see section 2) similarly affirm that they are bound by this agreement each time they access the define5 service. You should be aware that this agreement may change from time to time in accordance with clause 22 below. 2. Types of Membership. People who register for the Define5 service become "Members". They must be at least 18 years of age. The membership divides between those who decide to pay the subscription fee we charge to become what we call a "Full Member", and those who do not ("Standard Members"). Standard Members may: Register onto the site, define their five songs and have limited access to other sections of the site. In addition to the facilities available to Standard Members, Full Members may: communicate with other Full Members who have matched songs, develop "friendships" and have complete access to all relevant areas of the Define5 Service. 3. Important Note: Full Membership. If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you promptly after that fee is paid. This means that you do not have the right to cancel your Full Membership during the cooling-off period that is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000. The Full Membership fee has two components: (a) A "contact fee", which comprises all of the Full Membership fee except the subscription fee. The contact fee relates to your use of the Define5 Service to send email; and (b) A "subscription fee" of £0.55. The subscription fee relates to the Full Member's use of the other benefits of Full Membership during the twelve-month subscription period. Thus, for example, if you pay a Full Membership fee of £5.55, your contact fee is £5.00, and your subscription fee is £0.55. If you wish to continue your Full Membership after the expiry of your twelve-month subscription period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Full Membership. 4. Registration. You undertake to register for the Define5 service using accurate and current information about yourself - including your correct name and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card; in that event you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which will be deducted from it. As part of the registration process for the Define5 service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow. 5. Privacy Policy. Define5's Privacy Policy forms part of this agreement, and by agreeing to this agreement, you also give your consent to the way we handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the Define5 service (including any which contain personal information) is, of course, accessible to internet users around the world. 6. Define5's Role. You, whether you are a Member or just a non-member who visits the Define5 service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Define5 service or outside of it. We only provide a venue where the define5 service may be accessed. In particular, you should be aware that Define5 does not pre-screen or monitor the material contributed by members. 7. Additional Services. Define5 or its affiliates may offer new or additional services through the Define5 service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Define5 service in an appropriate manner (as determined by Define5 in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this agreement. 8. Operation of Define5 Services. Define5 reserves the right to withdraw or modify one or more aspects of the Define5 service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Define5 service becomes inaccessible as a result of technical difficulties experienced by Define5 or on the internet ; we will, however, use reasonable care to overcome these difficulties where they are within our control. Please note that there will be no refund of membership fees for modification, withdrawal or unavailability of the Define5 service, except as provided in Clause 10(ii) below. For security or other reasons, we may require you to change password or other information which facilitates access to the Define5 service. 9. Misuse of Define5. We reserve the right: (a) to suspend or terminate any member's access to the Define5 Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Define5 Service, if the relevant Member or material appears to us to be in breach of any provision of this agreement. Any person whose access has been suspended or terminated must not re-register, for or re-access, the Define5 Service without our prior consent. You are responsible for everything which is done on or through the Define5 Service while your Membership account is logged on to the Define5 Service, or through your email address. 10. Relevance. The Define5 Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on Define5, place material on, or otherwise use, the Define5 Service for any business or commercial purpose; use your access to the Define5 Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as Spam). 11. Fees. (i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Define5 Service. (ii) Fees paid by a Full Member will not be rebated or refunded by Define5, except as follows: If, under Clause 8 above, we entirely withdraw an aspect of the Define5 Service for which you have subscribed, or the entirety of the Define5 Service itself, then you may be entitled to a rebate of your Full Membership fee for the remainder the twelve month period to which that fee relates; but no part of the contact fee (as described in Clause 3(1) above) will be rebated to a Full Member under any circumstances if the Full Member has sent one (or more) emails through the Define5 Service during the period to which the Full Membership fee relates, irrespective of whether the recipient email address is a legitimate address or the recipient sends any reply. No rebate of any part of the Full Membership fee will be payable under any circumstances, other than as provided in this Clause 11(ii). We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time. 12. Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Define5 Service, nor any activity or communication you make in connection with any Define5 Service, will be capable of: (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading. 13. Alerting Define5. If you see anything on the Define5 Service, which appears to infringe this agreement, then please contact us to inform us by emailing us here. We do not generally monitor material contributed by Members before it is placed on the Define5 Service, and so we are reliant upon users to point out any which infringes this Agreement. 14. Withdrawal of Material and Termination of Membership. Each member acknowledges that we are entitled to withdraw any material on the Define5 Service, which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Define5 Service into disrepute. However each user acknowledges that we do not monitor material which appears on the Define5 Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Define5 Service. 15. Disclaimer and Release. Define5 has no control over or responsibility for the truth or accuracy of any material available on the Define5 Service, whether provided by Members or others. If any third party sites are linked to from the Define5 Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on the Define5 Service. - You should exercise no lesser degree of caution in appraising what you see on the Define5 Service than you do - Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. - Your use of the Define5 Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release Define5 its directors, contractors and employees from all liability arising out of or in connection with the Define5 Service and the material included here by Members and other third parties. 16. Intellectual Property. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Define5 Service (including any material which is contributed by its Members) are owned by Define5. It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no one may copy, distribute, show in public or create any derivative work from the Define5 Service, or any of the material which is found on the Define5 Service unless properly licensed to do so by us. By submitting any material to the content of the Define5 Service, you: - are representing that you are fully entitled to do so; - grant us a non-exclusive, royalty free, non-terminable license right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; - authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question. 17. Excluded Loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Define5 will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control. 18. Maximum Liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Define5 under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of: (a) £5.55, or (b) an amount paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action. 19. Non-Excluded Liabilities. Nothing in this agreement limits Define5's liability for death or personal injury resulting in our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected. 20. Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Define5 service. 21. Assignment. We reserve the right to assign this Agreement and to assign or subcontract any or all of our rights and obligations under this agreement. You may not without written consent of Define5 assign or dispose of this agreement. 22. Entire agreement. This agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Define5 Service and they replace all earlier Agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon of enforce any term of this Agreement. 23. Changes in this agreement. Define5 reserves the right to change this Agreement from time to time, and to post the new version on the Define5 Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.define5.com) and the new version of these terms and conditions will take effect, and will govern all Define5 Services and your relationship with Define5. 24. Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable. 25. Law. This agreement shall be governed by and construed in accordance with the laws of England and Wales. 26. Keeping this Agreement. We don't separately file the individual Agreements entered into by members when they register for the Define5 service. You can access it at www.define5.com, please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. 27. Contact. You can contact us by post at 210 Burton road, Lincoln, Lincolnshire LN1 3TX. Please do not send cheques to this address.

Privacy Policy |  Contact Us |

mediademon © 2004-2007