The Channel 5 Gramophone Library

Terms of Use

(The "Terms")

Overview

What is the Channel5 Gramophone Library?

Channel5's Music Hub service ("the Channel 5 Gramophone Library") is an online service for searching, listening to and downloading music for use in the production of television, radio and/or audio visual content for Channel 5.

Quick Summary

If you wish to use the Channel 5 Gramophone Library, please note that:

You must be a permitted user. If you are not a permitted user you may not access or use the Channel 5 Gramophone Library. See 'Which Terms Of Use Apply?' (below)
It is for use in Channel 5 ONLY
It is NOT for personal use
The content is NOT pre-cleared - it is your responsibility to obtain the necessary clearances
Any content downloaded from the Channel 5 Gramophone Library MUST be deleted from your computer within 28 days of downloading
Your right to use the Channel 5 Gramophone Library is NOT transferable to anyone else
You MUST read the Terms of Use applicable to you in full before you use the Channel 5 Gramophone Library

Permitted Users

I am a Channel 5 Employee (i.e. I am engaged by and/or work for Channel 5)
I am NOT a Channel 5 Employee but I work for a company working with or for Channel 5 and I need to access and use music in order to produce Channel 5 Content.

Which Terms of Use Apply?

The Terms of Use that apply to your use of the Channel 5 Gramophone Library depend on whether you are a Channel 5 Employee or if you represent a company engaged in making content with or for Channel 5. Please read the terms that are applicable to you.

Terms of Use - Channel 5 Employees

Your use of the Channel 5 Gramophone Library

If you wish to use the Channel 5 Gramophone Library, please note that:

It is for use in Channel 5 Content ONLY
It is NOT for personal use
The content is NOT pre-cleared - it is your responsibility to obtain the necessary clearances
Any content downloaded from the Channel 5 Gramophone Library MUST be deleted from your computer within 28 days of downloading
Your right to use the Channel 5 Gramophone Library is NOT transferable to anyone else
You MUST read these Terms of Use in full before you use the Channel 5 Gramophone Library

What are these Terms of Use ("Terms") about?

These Terms tell you how you may use the Channel 5 Gramophone Library so please read them carefully. Channel 5 may update these Terms from time to time so please review them regularly. If you use the Channel 5 Gramophone Library, you agree to be bound by whichever version of these Terms is in force at such time.

Do your Channel 5 Terms of Employment apply?

As a Channel 5 Employee, your Terms of Employment will also apply to your use of the Channel 5 Gramophone Library. In the event of any conflict between these Terms and your Channel 5 Terms of Employment, your Channel 5 Terms and Employment will prevail.

What is the Channel 5 Gramophone Library?

The Channel 5 Gramophone Library service ("the Channel 5 Gramophone Library") is an online service for searching, listening to and downloading music for use in the production of television, radio and/or other audio visual content for Channel 5 ("Channel 5 Content"). In these Terms, "Sound Files" means the individual music content files made available to you through the Channel 5 Gramophone Library.

How may you use the Channel 5 Gramophone Library?

The Channel 5 Gramophone Library may only be used to research, listen to and download Sound Files for the purposes of producing Channel 5 content. You may not use the Channel 5 Gramophone Library for your own personal use or in any way other than to research, listen to or download Sound Files for the purposes of producing Channel 5 content.

You may not use any Sound Files or data from the Channel 5 Gramophone Library to compete commercially with Broadchart International Ltd trading as I Like Music, or any of its subsidiaries, joint ventures or commercial partnerships.

What restrictions apply to your use of The Channel 5 Gramophone Library?

You may not (and you may not allow any other person) disrupt or attempt to disrupt the Channel5 Gramophone Library. You agree not to use the Channel 5 Gramophone Library to distribute software viruses or other harmful programs, or use the Channel 5 Gramophone Library to engage in harmful, harassing or otherwise objectionable activity.
You may not (and you may not allow any other person to) infringe or attempt to infringe the privacy of other Channel 5 Gramophone Library users. This includes you storing or attempting to store personal data or usage details of other Channel 5 Gramophone Library users.
You may not infringe any applicable law (including but not limited to copyright law) when using the Channel 5 Gramophone Library and you agree not to infringe the rights of the owners of rights in the Sound Files.
You may not subject the Channel 5 Gramophone Library or any Sound Files to any derogatory treatment or use them in such a way that would bring Channel5 into disrepute, or cause Channel 5 to incur liability to any third party.
You may not, and you may not assist anyone to or attempt to, reverse engineer, de-compile, disassemble, modify, copy, lend, hire, sub-license, create derivative works from, distribute, commercially exploit or transfer in any other way the Channel 5 Gramophone Library in whole or part.
Your use of the Channel 5 Gramophone Library grants no rights to you in relation to Channel 5's intellectual property rights or the intellectual property rights of third parties in the Channel 5 Gramophone Library or the Sound Files. You agree not to copy, disclose, provide or otherwise make available for unauthorised use the Channel 5 Gramophone Library, the Sound Files, Channel 5's name, logo and/or any other trademarks appearing in the Channel 5 Gramophone Library otherwise than as set out in these Terms.
Your user name and password is only for your use and should not be shared and you are responsible for all activity that takes place under your Channel 5 Gramophone Library account.
Should you no longer work with or for Channel 5, you are responsible for ensuring that your access to the Channel 5 Gramophone Library is discontinued, in advance of your departure.

Who is responsible for clearances?

Channel 5 makes no guarantee that a particular Sound File is cleared for your proposed use. You are solely responsible for procuring all third party consents, licences and clearances necessary for use of a particular Sound File and for reporting such use to the relevant industry bodies and collecting societies.

Once a particular Sound File has been downloaded from the Channel 5 Gramophone Library you must delete that Sound File from your computer within 28 days of downloading such file.

How can Channel 5 terminate your right to use the Channel 5 Gramophone Library?

Your use of the Channel 5 Gramophone Library may be checked and audited at any time and without notice to ensure that such use is in accordance with these Terms.

Channel 5 reserves the right to terminate your access to the Channel 5 Gramophone Library with immediate effect and without notice if:

in its sole opinion you are using the Channel 5 Gramophone Library and/or the Sound Files inappropriately or in any manner that might constitute derogatory treatment of Channel 5 or might bring Channel5 into disrepute or in a manner that might be construed to be prejudicial to the image of Channel 5;
your account is inactive or you haven't used the Channel 5 Gramophone Library within a reasonable time;
you commit a breach of the Terms that it is not capable of remedy, or you fail to remedy a breach within a reasonable period having been requested to do so by Channel 5; or
there is, in Channel 5's sole opinion, any reason why the Channel 5 Gramophone Library service needs to be withdrawn (including if Channel 5 determines that its licences to use the Channel 5 Gramophone Library need to be redistributed).

Upon termination of your right to use the Channel 5 Gramophone Library, Channel 5 will cease to make the Channel 5 Gramophone Library available to you. You will be required to promptly delete all Sound Files from your computer.

Please note that a breach of these Terms may also constitute a breach of you're the terms of your Channel 5 employment and further action may be taken against you.

Data Protection

Each party warrants and undertakes that it (and its sub-contractors and agents if any) will duly observe its obligations under the Data Protection Act 1998.

What other (general) terms apply?

If you breach these Terms and Channel 5 does not exercise or enforce any right that it has against you, Channel 5 may exercise or enforce that right in other situations where you breach these Terms.

If any part of these Terms is found to be ineffective by a court or regulator, the other parts of these Terms will continue to apply.

These Terms do not create or infer any rights that are enforceable by any person who is not party to these Terms.

You may not assign, sub-license or otherwise transfer any of the rights granted to you in these Terms to any other person.

Any disputes arising out of these Terms will be governed by and interpreted in accordance with the laws of England and Wales and will be subject to the jurisdiction of the courts of England and Wales.

Terms of Use - Users from Companies working with or for Channel 5

Your use of the Channel 5 Gramophone Library

If you wish to use the Channel 5 Gramophone Library, please note that:

It is for use in Channel 5 Content ONLY
It is NOT for personal use
The content is NOT pre-cleared - it is your responsibility to obtain the necessary clearances
Any content downloaded from the Channel 5 Gramophone Library MUST be deleted from your computer within 28 days of downloading
Your right to use the Channel 5 Gramophone Library is NOT transferable to anyone else
You MUST read these Terms of Use in full before you use the Channel 5 Gramophone Library

What are these Terms of Use about?

These Terms tell you how you may use the Channel 5 Gramophone Library so please read them carefully. Channel 5 may update these Terms from time to time so please review this page regularly. If you use the Channel 5 Gramophone Library, you agree to be legally bound by whichever version of these Terms is in force at such time.

What is the Channel 5 Gramophone Library?

The Channel 5 Gramophone Library service ("the Channel 5 Gramophone Library") is an online service for searching, listening to and downloading music for use in the production of Channel 5 television, radio and related content ("Channel5 Content").

In these Terms, "Sound Files" means the individual music content files made available to you through the Channel 5 Gramophone Library.

How may you use the Channel 5 Gramophone Library?

As a company working with or for Channel 5, Channel 5 make the Channel 5 Gramophone Library available to you on a non-exclusive basis and solely for the purposes of searching, listening to and downloading Sound Files for use in Channel 5 Content.

You may not use the Channel 5 Gramophone Library for your own personal use or in any way other than to research, listen to or download Sound Files for the purposes of producing Channel 5 content.

You may not use any Sound Files or data from the Channel 5 Gramophone Library to compete commercially with Broadchart International Ltd trading as I Like Music, or any of its subsidiaries, joint ventures or commercial partnerships.

What restrictions apply to your use of the Channel 5 Gramophone Library?

You may not (and you may not allow any other person to) disrupt or attempt to disrupt the Channel 5 Gramophone Library. You agree not to use the Channel 5 Gramophone Library to distribute software viruses or other harmful programs, or use the Channel 5 Gramophone Library to engage in harmful, harassing or otherwise objectionable activity.
You may not (and you may not allow any other person to) infringe or attempt to infringe the privacy of other the Channel 5 Gramophone Library users. This includes you storing or attempting to store personal data or usage details of other the Channel 5 Gramophone Library users.
You may not (and you may not allow any other person to) infringe any applicable law (including but not limited to copyright law) when using the Channel 5 Gramophone Library and you agree not to infringe the rights of the owners of rights in the Sound Files.
You may not (and you may not allow any other person to) subject the Channel 5 Gramophone Library or any Sound Files to any derogatory treatment or use them in such a way that would bring Channel 5 into disrepute, or cause Channel 5 to incur liability to any third party.
You may not, and you may not assist anyone to or attempt to, reverse engineer, de-compile, disassemble, modify, copy, lend, hire, sub-license, create derivative works from, distribute, commercially exploit or transfer in any other way the Channel 5 Gramophone Library in whole or part.
Your use of The Channel 5 Gramophone Library grants no rights to you in relation to Channel 5's intellectual property rights or the intellectual property rights of third parties in the Channel 5 Gramophone Library or the Sound Files. You agree not to copy, disclose, provide or otherwise make available for unauthorised use the Channel 5 Gramophone Library, the Sound Files, Channel 5's name, logo and/or any other trademarks appearing in the Channel 5 Gramophone Library otherwise than as set out in these Terms.
Your user name and password is only for your use and should not be shared and you are responsible for all activity that takes place under your Channel 5 Gramophone Library account.
Should your role change or you leave your company, you are responsible for ensuring that your access to the Channel 5 Gramophone Library is discontinued, in advance of your departure.

Who is responsible for clearances?

Channel 5 does not warrant or represent that a particular Sound File is cleared for your proposed use. You are solely responsible for procuring all third party consents, licences and clearances necessary for use of a particular Sound File and for reporting such use to the relevant industry bodies and collecting societies.

Once a particular Sound File has been downloaded from the Channel 5 Gramophone Library you must delete that Sound File from your computer within 28 days of downloading such file.

The basis on which Channel 5 makes the Channel5 Gramophone Library available to you

Channel 5 does not warrant or represent that a particular Sound File will be available on the Channel5 Gramophone Library, or that the Channel 5 Gramophone Library or the Sound Files will always be available or be uninterrupted, timely, secure and free from bugs, viruses, errors and omissions.

Channel 5 reserves its right to modify, suspend or discontinue the Channel 5 Gramophone Library or stop making any Sound Files available without any notice to you.

Limitation of Liability and Indemnity

You agree to indemnify and to hold harmless Channel 5 and its agents from any resulting liabilities, actions, damages or expenses, including court costs and legal fees, arising out of any wilful, unlawful or negligent acts or omissions by you in relation to your use of the Channel5 Gramophone Library or arising out of any breach of your obligations herein or claims by third parties. Your obligations under this paragraph will survive the termination of your right to use the Channel 5 Gramophone Library.

Channel 5 shall not be liable for any consequential or indirect losses, including any indirect loss of profits, revenues, business, and/or anticipated savings, whether or not in the contemplation of the parties at the time of your use of the Channel 5 Gramophone Library unless expressly set out in these Terms.

How can Channel 5 terminate your right to use the Channel 5 Gramophone Library?

Your use of the Channel 5 Gramophone Library may be checked and audited at any time and without notice to ensure that such use is in accordance with these Terms.

Channel 5 reserves the right to terminate your access to the Channel 5 Gramophone Library with immediate effect and without notice if:

in its sole opinion you are using the Channel 5 Gramophone Library and/or the Sound Files inappropriately or in any manner that might constitute derogatory treatment of Channel 5 or might bring Channel 5 into disrepute or in a manner that might be construed to be prejudicial to the image of Channel 5;
you commit a breach of the Terms that it is not capable of remedy, or you fail to remedy a breach within a reasonable period having been requested to do so by Channel 5; or
there is, in Channel 5's sole opinion, any reason why the Channel 5 Gramophone Library service needs to be withdrawn.

Data Protection

Each party warrants and undertakes that it (and its sub-contractors and agents if any) will duly observe its obligations under the Data Protection Act 1998.

I Like Music Privacy Policy

This privacy policy sets out how I Like Music uses and protects any information that you give I Like Music when you use this website.

I Like Music is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

I Like Music may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 10/05/2018.

What we collect

We may collect the following information:

name and job title
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at media@ilikemusic.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to I Like Music, St John’s Studios, 6-8 Church Road, Richmond, Surrey, TW9 2QA

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

What other (general) terms apply?

You may neither assign nor sub-contract any or all of the rights or obligations under these Terms without Channel5's prior written permission.

With the exception of any fraudulent misrepresentations made by either party to the other, these Terms are the complete agreement between you and Channel 5 with respect to the Channel 5 Gramophone Library.

Any conflict between these Terms and any purchase order or other document will be resolved in favour of these Terms. If you or Channel 5 waive(s) a breach or default by the other, such waiver will not constitute the waiver of any subsequent breach or default.

If any provision of these Terms is held invalid by a court, such provision will be omitted, but the remainder of these Terms will continue to be binding upon you and Channel 5.

These Terms do not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any person who is not a party to these Terms.

This Agreement shall be governed by and in accordance with the laws of England and Wales and each party submits to the exclusive jurisdiction of the English courts.