- Terms and Conditions
These terms and conditions govern use of this website ("Website") including any uploading and/or downloading of materials to or from the Website. Please read them carefully and, if you are happy to be bound by them and wish to use the Website, please click to accept these terms below.
PayDesk Ltd ("PayDesk") reserves the right to change these Terms and Conditions at any time and, in the event that PayDesk changes these Terms and Conditions, you will be required to accept the revised Terms and Conditions before being permitted further use of the Website.
- Intellectual Property
This website and the intellectual property rights (including the copyright) in the content of this Website belong to PayDesk or its licensors. Save as expressly permitted pursuant to paragraph 5 below, neither this Website nor any part of it may be copied, reproduced, modified, distributed, transmitted in any media (including without limitation via any other website) without PayDesk’s prior written permission.
PayDesk.co, PayDesk and any other names and logos identifying PayDesk and its products or services are proprietary trademarks of PayDesk. The names and logos of other companies and products mentioned on this Website are the trademarks of third parties and are used with the permission of their respective owners.
- Third Party Websites
This Website may contain links to other websites which are not under the control of PayDesk. PayDesk does not endorse or otherwise accept responsibility for the availability, operation or content of any website linked to this Website (whether directly or indirectly).
- Terms applicable to Contributors
For the purposes of these terms and conditions "Contributor" means any user which registers to contribute Content to the Website. "Content" means any material in whatsoever media uploaded by the Contributor to this Website to be made available to Broadcasters or Publishers (as defined in paragraph 5) for broadcast to end users.
Terms applicable to Broadcasters and Publishers
- 4.1 The Contributor hereby grants to PayDesk a non-exclusive, transferable, irrevocable, perpetual right to copy, reproduce and display the Content and authorise Broadcasters or Publishers who have registered with PayDesk to use and broadcast the Content in accordance with these Terms and Conditions. All copyright and other intellectual property rights in the Content shall belong to the Contributor of such Content.
- 4.2 The Contributor warrants and undertakes that:
4.2.1 it is the author, owner or otherwise has all the rights necessary to contribute the Content to the Website and permit use of the Content by PayDesk and Broadcasters Publishers in accordance with these Terms and Conditions;
- 4.2.2 its Content shall be original and shall not infringe the intellectual property or other rights of any third party;
- 4.2.3 it shall notify PayDesk immediately if it receives or becomes aware of any actual or potential claim that its Content infringes the intellectual property or other rights of any third party;
- 4.2.4 it shall ensure that its Content is free from viruses or other destructive code; and
- 4.2.5 it shall take all appropriate steps to ensure that its Content is accurate and does not contain any material which breaches any obligation of confidentiality or right to privacy, is obscene, defamatory, discriminatory (including, without limitation, by reference to race, age, sex, sexual orientation, disability or religion) or is otherwise offensive or unlawful.
- 4.3 The Contributor acknowledges that it is responsible for ensuring the editorial quality of its Content.
- 4.4 The Contributor acknowledges and agrees that it shall be liable for any breach of paragraph 4.2 or 4.3 and hereby indemnifies PayDesk and each Broadcaster against any loss, damage, claim or expense arising from any such breach.
- 4.5 On each occasion that a Broadcaster downloads the Contributor’s Content, PayDesk will pay to the Contributor a fee in relation to such Content in accordance with PayDesk’s rate card as in force from time to time. PayDesk will account to the Contributor for such fees once per calendar month.
- 4.6 The Contributor confirms that it has read and understood the terms applicable to Broadcasters and that it consents to the use of its Content in accordance with such Terms.
For the purposes of these Terms and Conditions "Broadcaster" means any user which registers to download Content from the Website to broadcast to end users.
- 5.1 The Broadcaster shall have the non-exclusive, personal and non-transferable, worldwide right for (unless otherwise specified by PayDesk) a period of one month from downloading any Content to copy, modify, reproduce, display, transmit and broadcast such Content in audio form only by radio, the internet or television. The Broadcaster shall be entitled to edit the Content provided that no such editing shall amount to derogatory treatment of the Content, change the meaning of such Content or otherwise amount to a substantial or material change to such Content. The Broadcaster shall not be entitled to broadcast or otherwise use the Content without identifying the author of such Content. The Broadcaster acknowledges and agrees that all copyright and other intellectual property rights in the Content shall belong to the Contributor of such Content the rights granted to the Broadcaster hereunder are personal and the Broadcaster shall not be entitled (without PayDesk’s prior written consent) to permit use, broadcasting or distribution of the Content by any third party.
- 5.2 The Broadcaster warrants and undertakes that:
- 5.2.1 it is authorised to enter into this agreement;
- 5.2.2 it shall use the Content solely in accordance with these Terms and Conditions; and
- 5.2.3 it shall take all steps necessary to verify the accuracy of any Content and shall be solely responsible for checking and editing the Content prior to transmission.
- 5.3 The Broadcaster acknowledges and agrees that it uses the Content at its own discretion and risk, shall be solely liable for any breach of paragraphs 5.1 and 5.2 and hereby indemnifies PayDesk against any loss, damage, claim or expense arising from any such breach.
- 5.4 On each occasion that the Broadcaster downloads any Content, Broadcaster shall pay to PayDesk a fee in relation to such Content in accordance with PayDesk’s rate card as in force from time to time. PayDesk will invoice Broadcaster once per calendar month for any Content downloaded in the preceding calendar month. Payment shall be due within 30 days of the date of the invoice. In the event that the Broadcaster fails to pay any invoice in full when due, PayDesk shall be entitled to:
- 5.4.1 receive interest at a rate of 2% above the base rate of Bank of England from time to time on any outstanding balance; and
- 5.4.2 suspend access to the Website and prohibit further downloading of Content until such time as any outstanding payments (including interest thereon) have been paid in full.
- 6.1 Any user wishing to register as a Contributor or a Broadcaster shall register with PayDesk in accordance with the online registration process. The user warrants represents and undertakes that any and all information which it provides to PayDesk as part of the registration process or otherwise shall be true, accurate and up-to-date and that it shall keep PayDesk informed of any changes to its personal information or status. Any user registering on behalf of a company or other organisation, represents and warrants that it is authorised by such company or organisation to register and act on its behalf.
- 6.2 PayDesk reserves the right at any time and in its sole discretion, without liability to refuse registration of any user as a Contributor or Broadcaster, refuse or remove any Content from the Website, or to suspend or prohibit further access to the Website by any user.
- 6.3 On successful registration, the user shall ensure that it keeps any and all passwords to access the Website (or any part of it) secure and confidential and shall not permit the use or disclosure of such passwords by any third party. A user shall be responsible for any Content uploaded to or downloaded from the Website using its passwords.
Although PayDesk shall take reasonable steps to ensure the integrity of the Content, PayDesk accepts no liability in relation to the accuracy or suitability of the Content which is provided by PayDesk to Broadcaster on an "as is" basis. PayDesk hereby excludes, to the fullest extent permitted by law, all implied warranties and conditions, whether implied by statute, common law or otherwise including, without limitation, the implied warranties of fitness for purpose and satisfactory quality. Each Broadcaster agrees that it shall use its best endeavours to ensure that the Content is accurate, lawful and error-free prior to use and acknowledges that it shall be solely liable for any damages or loss incurred or claims arising in relation to the Content.
Due to the nature of the world wide web, PayDesk makes no warranty that the availability of the Website or Content will be uninterrupted and PayDesk accepts no liability for any inability to access, upload to, or download from the Website.
PayDesk shall not be liable for any loss of profits, business, opportunity, goodwill, data or any other consequential, indirect or special loss whether arising in contract, tort (including negligence), or otherwise. PayDesk’s liability to any user whether arising in contract, tort (including negligence), or otherwise shall be limited to £200.00 provided that nothing in these Terms and Conditions shall be deemed to exclude or limit PayDesk’s liability for personal death or injury arising from its negligence.
These Terms and Conditions contain the entire agreement between PayDesk and you in relation to your use of the Website.
These Terms and Conditions shall be governed by English law and the English courts shall have exclusive jurisdiction over any disputes arising in relation to this Website.
PayDesk will hold and use any personal data provided by you via this Website or in connection with this service for the sole purpose of administering your use of this Website and your account with PayDesk. PayDesk will include an acknowledgement of authorship of Content on this Website but will not otherwise disclose, sell or transfer any of your personal details to any third party (unless required to do so by law or any law enforcement body).
PayDesk will from time to time send you information in relation to products or services in which you might be interested. If you would prefer not to receive this information contact us at firstname.lastname@example.org
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