Terms & Conditions

These Terms of Use govern the contents and use of the website www.zimbalam.com (including, where relevant, your Personal Area (as defined below) and any correspondence, content or materials submitted by you via the Site), which is owned and operated by Believe Direct Limited ("we", "us") (the "Site"). Please read these Terms of Use carefully before using the Site. By visiting or using the Site and/or any content or materials available on the Site you signify that you have read, understand and agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, do not use the Site.
 
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Your continued use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. We recommend that you read through the Terms of Use available on the Site from time to time so that you can be sure that you are aware of and agree to the latest version.
 
If you breach any of the Terms of Use, we shall be entitled to withdraw permission for you to use the Site and you must immediately cease to access and use the Site and if relevant your Personal Area.
 
1. Ownership
 
This Site is owned and operated by Believe Direct Limited ("we", "us"). If you would like to contact us or complain about anything contained on the Site, please contact us using the following details:
 
 
 
Postal Address:
 
Believe Direct Limited
Unit E Heathmans House,
19 Heathmans Road, 
London, SW6 4TJ, 
United Kingdom
 
+33 147307540
 
Email:
 
 
2. Introduction
 
  2.1 The Site comprises of public facing sections which are accessible to all users of the Site.
 
  2.2 If any user completes the registration process in order to be able to upload their recordings to the Site ("Registration") then each such registrant receives a personal log in and password which provides access to their own private account ("Personal Area"). The Personal Area is not accessible to users of the site and can only be accessed using the log in and password.
 
3. Registering to upload your recordings to the Site
 
  3.1 To complete Registration, you must be at least eighteen years old. By completing Registration you are confirming that you are at least eighteen years old. Your Registration with the Site and access to your Personal Area may be terminated without warning if we have any reason to believe that you are under eighteen years of age. By completing Registration you represent and warrant that (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information by letting us know if your details change.
 
  3.2 If you complete Registration and receive a password, you will be required to submit the password each time you log into your Personal Area. It is your responsibility to keep your password safe and secret. We will be entitled to assume that any person logging into your Personal Area using your password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person logging onto your Personal Area using your password (including without limitation, uploading recordings and/or artwork and/or biographies, requesting royalty payments). Therefore, you should notify us immediately by contacting us on privacy@zimbalam.com if you suspect that anyone else knows your password and has logged on as you.
 
  3.3 We may at any time and for any reason refuse to accept a registration from any person.
 
4. Access and use of the Site
 
  4.1 You hereby agree to access and use the Site (including, without limitation, if relevant, your Personal Area) in accordance with these Terms of Use.
 
  4.2 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
 
  4.3 If you complete Registration, you agree that when using the Site, including without limitation, your Personal Area, you will not:
 
    (a) upload any files that contain software, content or material of any nature which contain Rights (as defined below) of any third party or which are protected by rights of privacy or publicity of any third party, without having received all necessary consents;
 
    (b) upload any material that contains viruses, corrupted files, or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
 
    (c) use software to harvest information from the Site.
 
  4.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
 
  4.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Site.
 
5. Uploading Your Recordings
 
  5.1 If you complete Registration, you will then be able to upload to your Personal Area audio and audio-visual recordings, photographs, artwork, images and biographies (together, in each case, with Associated Metadata, as defined in the Terms and Conditions) (collectively "Content"). You will then be able to: (i) select territories and services ("Digital Distribution Services") via which your Content will be distributed; and (ii) pay the applicable subscription fee(s).
 
  5.2 If you complete Registration, you may only upload Content in accordance with clause 4 and:
 
    (a) you must not upload any Content that we deem to be harmful, threatening, unlawful, confidential, defamatory, offensive, infringing, inflammatory, harassing, obscene, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other users of the Site to any harm or liability of any type;
 
    (b) you must not upload any private information of any third party, including, without limitation, address, phone numbers, email addresses, national insurance details and bank details;
 
    (c) you may only upload Content to the Site which either you own or which you have the permission of the owner of that material to upload and you must not upload any Content the Rights in which are owned by any third party; and
 
    (d) you must not upload any material in breach of confidence or in contravention of the Data Protection Act 1998 or any other applicable data protection or privacy legislation.
 
  5.3 All Content that you upload to your Personal Area may be seen by the owners and users of the Digital Distribution Services which you select to distribute your Content. Please do not include the following information in any Content that you upload to Your Personal Area: telephone numbers; addresses; surname; banking details and other personally identifying information.
 
  5.4 If other users have uploaded Content which you believe infringes the Rights of a third person, or which is offensive or does not comply with any of the provisions of these Terms of Use we shall have no responsibility or liability for such Content. Please contact privacy@zimbalam.com if you believe any Content posted on the Site infringes the Rights of a third person or is defamatory, offensive, unlawful or inappropriate.
 
  5.5 You acknowledge that we do not actively monitor Content uploaded to the Site and that we may delete or remove from the Site immediately without notice any Content, for any or no reason, including without limitation, if we believe in our absolute discretion that such Content: (i) infringes the Rights or other proprietary rights of any third person or is otherwise unlawful; and/or (ii) is offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is uploaded in breach of these Terms of Use. Such removal will be without any admission as to liability and without prejudice to our other rights and remedies.
 
6. Property Rights and Rights of Use
 
  6.1 For the purposes of these Terms of Use, "Rights" means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
 
  6.2 All Rights in and to the Site and all content and materials contained in the Site, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (but excluding any Content) (the "Site Content") are owned by and shall remain owned by us or our licensors. You may view, download and print one copy of the Site Content subject to the following conditions:
 
    (a) the Site and Site Content may only be used for your personal, non-commercial purposes;
 
    (b) the Site Content shall not be reproduced or included in any other work or publication in any medium;
 
    (c) the Site Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part;
 
    (d) you may not remove any copyright or other proprietary notices contained in any Site Content.
 
  6.3 Save as expressly permitted herein, any other use of the Site Content and any copying, reproduction, modification, distribution, sale or any other use of any Site Content for any purpose shall be an infringement of our Rights.
 
  6.4 In the event that you download any Site Content from the Site, you own the medium on which the Site Content is recorded but we do not transfer title to such Site Content to you and we retain full and complete title to the Site Content at all times, and all Rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Site Content to eye-readable form.
 
  6.5 For the avoidance of doubt, these Terms of Use are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes provided that you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms of Use.
 
  6.6 Please contact privacy@zimbalam.com if you believe that content displayed on the Site has violated your Rights.
 
7. Disclaimers
 
  7.1 We are not responsible or liable in any manner for any Content or Site Content on the Site and we do not control and are not responsible for what members or any other users upload on the Site.
 
  7.2 While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy, completeness, currency or reliability of the Site or the Site Content or the Content. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the Site, or to any services, products, prices or fees described in it, at any time without notice. We will exercise all reasonable skill and care in providing the Site and the Site Content and the Content. The Site and/or any Site Content and/or the Content may be out of date, and we make no commitment to update such material.
 
  7.3 Therefore, except as expressly provided in these Terms of Use, the Site and all Site Content and Content provided through it are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). We do not warrant or make any representations that the Site, the Site Content and Content will meet your requirements nor that your use of the Site or the Site Content or the Content will not infringe the rights of any third party nor do we make any warranty or representations regarding the use or the results of the use of any Site Content and/or Content in terms of their completeness, accuracy, currency, reliability, or otherwise. Therefore, we advise you to check any Site Content and Content as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
 
  7.4 We do not warrant that the Site, the Site Content, the Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
 
  7.5 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
 
8. Links to and from other websites
 
  8.1 If you complete Registration, you will have the ability to copy and use embeddable widgets on the Site, such as the Believe Player, which you can use to offer stream and pre-listens of your recordings. These widgets contain links to websites and microsites that are operated by third parties. We make no warranties or representations whatsoever about any such site which you may access through the Believe Player or through this Site or any services or products that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators.
 
  8.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us. You hereby agree that we are not liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility.
 
  8.3 From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know.
 
9. Site Access
 
  9.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.
 
  9.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
 
10. Termination
 
  10.1 We may remove the Site (including without limitation your Personal Area) or cease the provision of any of the services available through the Site in our sole discretion for any reason at any time with or without notice.
 
  10.2 We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.
 
  10.3 If you have completed Registration you shall be entitled to terminate your membership of the Site in accordance with clause 5 of the Terms and Conditions. Termination of your membership, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.
 
11. Limitation of Liability
 
  11.1 Nothing in these Terms of Use shall exclude or limit our liability for:
 
    (a) death or personal injury caused by our negligence; or
 
    (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or 
 
    (c) any liability which cannot be excluded or limited under applicable law.
 
  11.2 You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk.
 
  11.3 Subject to clause 11.1, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Site (including without limitation if relevant, your Personal Area) or the Site Content or the Content; (ii) any failure or delay in the use of any component of the Site, the Site Content, the Content or any service including, without limitation, any unavailability of the Site, the Site Content, the Content, or the services irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon the Site, Site Content, the Content, or any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
 
  11.4 Without limiting the effect of clause 11.3, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content and/or Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content and/or Content.
 
  11.5 Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
 
12. Indemnity
 
You agree to indemnify, keep indemnified, defend and hold us and our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content, the Content, or any other services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party made in connection with the Site or any violation of these Terms of Use or of any law or the rights of any third party.
 
13. Data Protection and Privacy
 
We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Click here to view our Privacy Policy. This Privacy Policy forms an essential part of these Terms of Use and it is important that you read it. By accepting these Terms of Use you also accept and consent to our Privacy Policy.
 
Except for the banking information provided securely by You using your Personal Area for the purpose of receiving royalty payments from Zimbalam, Zimbalam does not store any other financial or credit information about You. The credit card information used during the payment process in your Personal Area is not stored. 
 
14. General
 
  14.1 Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
 
  14.2 Save in respect of clause 12, these Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
 
  14.3 If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.
 
  14.4 The warranties, exclusions and the other express provisions of these Terms of Use and the Privacy Policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to clause 11.1(b) you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Use other than any remedy you may have for breach of the express terms of these Terms of Use.
 
  14.5 These Terms of Use are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.