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:

Permitted Users

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:

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?

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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:

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:

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?

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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:

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.

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.

Use of cookies

Cookies are small files, typically containing letters and numbers, that download to your computer device when you access certain websites. These allow the website to recognise the user’s device and can either expire at the end of a browser session, or be stored for a longer period of time.

No personal information is stored on the website that would allow us to identify individual users of this service without their permission and the cookies are not shared with third parties.

These are the cookies used on this site:

Cookie NameDescription
PHPSESSID This is a session cookie that records your visit to the site.
_ga, _gat Google Analytics cookies are used to collect information about how a visitor uses the site.
For more information visit Google Analytics Privacy Policy (http://www.google.com/analytics/learn/privacy.html)
cart-cookie This is used to remember the contents of your cart on the site.

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.