CUSTOMER TERMS AND CONDITIONS

By using the This is London Music Downloads in any way, you signify your agreement to the TERMS set out below to the exclusion of all other terms and conditions. 

If you do not agree to these TERMS please do not download, store or install the WIPPIT DOWNLOAD MANAGER SOFTWARE or use any part of the This is London Music Downloads web site. 

Wippit Ltd (“Wippit”) reserves the right, at its discretion, to update or revise these TERMS. Please check the TERMS periodically for changes. Your continued use of the This is London Music Downloads following the posting of any changes to the TERMS constitutes acceptance of those changes.

"WIPPIT SOFTWARE" means the proprietary software of WIPPIT which can be downloaded from the WIPPIT WEB SITE or THISISLONDON.WIPPIT.COM WEB SITE.

"TERMS" means these terms and conditions (as modified from time to time) and notices contained or referenced herein.

"WEB SITE" means the web site at the address thisislondon.wippit.com or such other URL(s) owned and controlled by Associated New Media from time to time.

“THISISLONDON.WIPPIT.COM WEB SITE” means WIPPIT’s HTML shop located at the WEB SITE from which customers may purchase MEDIA FILES without the need to download the WIPPIT DOWNLOAD MANAGER SOFTWARE .

"This is London Music Downloads" means the service provided by Wippit and This is London Music Downloads which, amongst other things, lets users purchase MEDIA FILES of the This is London Music Downloads and as further described in Clause 2 below. 

"UNLAWFUL" means such as may give rise to any actual or potential liability, civil or criminal, either under the laws of England and Wales, or under the laws or any other jurisdiction to which Wippit may be subject in relation to the ad SERVICE.

Wippit and This is London Music Downloads provides an Internet based digital music service whereby you may purchase certain MEDIA FILES from THISISLONDON.WIPPIT.COM by purchase of individual MEDIA FILE on an a la carte basis. Such purchases may be made by you from THISISLONDON.WIPPIT.COM WEB SITE.

THE This is London Music Downloads AND WIPPIT DOWNLOAD MANAGER SOFTWARE IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (OTHER THAN WARRANTIES NOT CAPABLE OF EXCLUSION).

WIPPIT HAS TAKEN EVERY CARE IN THE PREPARATION OF THE CONTENT OF THE WEB SITE. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WIPPIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE INFORMATION CONTAINED IN ANY OF THE MATERIALS ON THIS WEB SITE.

Wippit reserves the right to modify, suspend or discontinue the This is London Music Downloads for any reason whatsoever with or without notice to you. Wippit shall not be liable you should Wippit modify, suspend or discontinue the This is London Music Downloads.

You are hereby granted a non-exclusive, non-transferable, revocable licence to use the WIPPIT DOWNLOAD MANAGER SOFTWARE in accordance with the TERMS. There is no transfer of any title in the WIPPIT DOWNLOAD MANAGER SOFTWARE whatsoever to you when you download and/or use the WIPPIT DOWNLOAD MANAGER SOFTWARE and Wippit shall remain at all times the legal owners of the WIPPIT DOWNLOAD MANAGER SOFTWARE . 

The WIPPIT DOWNLOAD MANAGER SOFTWARE is a tool for managing and downloading MEDIA FILES. The This is London Music Downloads works with the WIPPIT DOWNLOAD MANAGER SOFTWARE to assist in the online management of media files.

The WIPPIT DOWNLOAD MANAGER SOFTWARE is copyrighted proprietary material of Wippit. You shall not copy, reproduce, modify, publish, upload, post, transmit, distribute, decompile, reverse engineer, or disassemble the WIPPIT DOWNLOAD MANAGER SOFTWARE or the accompanying documentation.

You agree not to copy, distribute, publish, transmit or otherwise exploit any MEDIA FILES unless you have been granted an appropriate license in respect of such activities. For example, in respect of some MEDIA FILES, you may be permitted to burn no more than ten (10) copies of the sound recording embodied on the MEDIA FILE for your individual, personal use or to export such MEDIA FILE to no more than three (3) portable recipient devices for your individual, personal use.

You agree not to use or misuse the This is London Music Downloads and/or the WIPPIT DOWNLOAD MANAGER SOFTWARE and/or the MEDIA FILES in such a manner so that such use or misuse is UNLAWFUL and/or is in breach of these TERMS. 

You shall not use the WIPPIT DOWNLOAD MANAGER SOFTWARE and/or the This is London Music Downloads to send, receive, make available, copy, retransmit, broadcast or publish (whether directly or indirectly, and in any form) any statements or MEDIA FILE which:

- infringes any copyright, patent, trademark, moral right or any other proprietary right of any person or entity including, without limitation, intellectual property rights;

- infringes any applicable law, regulation or right of any person or entity including, without limitation, rights under contracts and of confidence, laws in relation to defamation, contempt, blasphemy, infringement of privacy or personal data rights, malicious falsehood, libel and any equivalent or related laws in which they are (or may be) accessed;

- if made available is (or may, in places where they are accessible or made available) offensive, abusive, indecent, obscene, or menacing;

- is likely to encourage or capable of encouraging anything which is in any way Unlawful;

- is likely to incite violence, sadism, cruelty, or racial hatred;

- promotes or facilitates prostitution;

- is likely to mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise; or causes annoyance, inconvenience, or needless anxiety.

The MEDIA FILES and other goods advertised for sale on the WEB SITE are MEDIA FILES and goods that you may offer to purchase. No agreement for the sale of those MEDIA FILES or other goods shall be considered completed until we have accepted your offer to purchase them which will be upon our receipt of cleared funds in respect of the whole of the price for such MEDIA FILE(S) or other goods.

If a MEDIA FILE sent to you by WIPPIT is faulty such that you are unable to playback the audio recording due to such fault, you are required to notify WIPPIT within 28 days of purchase at supportme@wippit.com of such fault. If Wippit reasonably determines there to be a genuine fault relating to such MEDIA FILE, then WIPPIT shall make available to you a replacement copy of such MEDIA FILE.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT WIPPIT’S LIABILITY TO YOU FOR LOSS OR DAMAGE RESULTING FROM DEATH OR PERSONAL INJURY CAUSED BY WIPPIT.

UNDER NO CIRCUMSTANCES SHALL WIPPIT OR ITS SUBSIDIARIES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, MISUSE OF OR INABILITY TO USE, THE This is London Music Downloads. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WIPPIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WIPPIT’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN THE COURSE OF USING THE WEB SITE YOU MAY COME ACROSS HYPERTEXT LINKS TO SITES OPERATED BY THIRD PARTIES. WHILST WIPPIT HAS TAKEN REASONABLE CARE TO PROVIDE LINKS OF AN INFORMATIVE NATURE, WIPPIT DOES NOT ACCEPT LIABILITY FOR ANY CONTENT OR STATEMENT MADE ON SUCH SITES OPERATED BY THIRD PARTIES, INFORMATION THEY DISTRIBUTE, VIEWS THEY MAY STATE, NOR OF ANY SERVICES WHICH THEY MAY OFFER. FURTHERMORE, WIPPIT CANNOT BE HELD RESPONSIBLE FOR ANY CHANGES THEY MAY MAKE TO THEIR SITE, ALTHOUGH WIPPIT WILL CONTINUE TO CHECK SUCH SITES FROM TIME TO TIME.

WIPPIT SHALL HAVE NO LIABILITY TO YOU FOR ANY FAILURE TO DELIVER MEDIA FILES OR OTHER GOODS YOU HAVE ORDERED OR FOR ANY DELAY IN DOING SO IF THAT DELAY OR FAILURE IS CAUSED BY ANY EVENT OR CIRCUMSTANCE BEYOND WIPPIT’S REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, FIRE, EXPLOSION, WAR, STRIKES OR OTHER LABOUR DISPUTES PROVIDED THAT WIPPIT GIVES YOU NOTICE OF SUCH EVENT OR CIRCUMSTANCE AND THE EVENT OR CIRCUMSTANCE DOES NOT CONTINUE FOR A CONTINUOUS PERIOD IN EXCESS OF THIRTY (30) DAYS. IF THE EVENT OR CIRCUMSTANCE CONTINUES FOR A CONTINUOUS PERIOD IN EXCESS OF THIRTY (30) DAYS THEN YOU MAY GIVE WIPPIT WRITTEN NOTICE TERMINATING THESE TERMS FORTHWITH.

YOU AGREE TO DEFEND, FULLY INDEMNIFY AND HOLD HARMLESS WIPPIT, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, EXPENSES OR LOSSES (INCLUDING LEGAL FEES) THAT WIPPIT MAY INCUR AS A RESULT OF ANY USE OR MISUSE BY YOU OF THE This is London Music Downloads OR WIPPIT DOWNLOAD MANAGER SOFTWARE OR MEDIA FILE BY YOU WHICH IS UNLAWFUL AND/OR IS IN BREACH OF THESE TERMS. WIPPIT RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER (INCLUDING THE RIGHT TO SELECT ITS OWN COUNSEL) OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH WIPPIT IN ASSERTING ANY AVAILABLE DEFENCES.

SUBJECT TO CLAUSES 7.1, 7.2, 7.3 AND 7.4 ABOVE, WIPPIT’S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION OR OTHERWISE, ARISING IN CONNECTION WITH THE PROVISION OF THE This is London Music DownloadsS SHALL BE LIMITED TO THE LESSER OF THE PRICE PAID BY YOU FOR MEDIA FILES (OR OTHER GOODS) OR ONE HUNDRED POUNDS (£100).

Access to the This is London Music Downloads is via an account and password. You will immediately notify us at supportme@wippit.com if at any time you have reason to believe that your password has become known to or capable of use by anyone else.

If you are in breach of these TERMS, this agreement may be terminated by Wippit immediately, at any time and without incurring any liability to you whatsoever.

Upon such termination you shall immediately cease to use and remove all copies of the WIPPIT DOWNLOAD MANAGER SOFTWARE from your computer and destroy any hard copies of the WIPPIT DOWNLOAD MANAGER SOFTWARE you may have.

On termination, any obligation of a continuing nature shall survive.

Notices delivered by hand or sent by fax shall be deemed received the first working day following such delivery or sending.

Notices which have been posted as above shall be deemed received on the second working day following posting.

If any part of these Terms are held to be invalid, void unenforceable or unreasonable, it shall to the extent of such invalidity, voidness, unenforceability or unreasonableness be deemed severable and the remaining provisions of our agreement shall continue in full force and effect.

Wippit makes no representation that materials on the This is London Music Downloads are appropriate or available for use in international locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the This is London Music Downloads from other locations do so on their own initiative and are responsible for compliance with local laws.

The TERMS constitute the entire understanding between Wippit and you, and except as otherwise provided, no addition, amendment or modification of the TERMS shall be effective, unless in writing and signed or accepted by Wippit.

These Terms shall be governed by and construed in accordance with the laws of England and Wales . You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TERMS or your use of this WEB SITE, the WIPPIT DOWNLOAD MANAGER SOFTWARE and the This is London Music Downloads shall be filed only in the courts located in England, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Personal information collected by Wippit is stored in secure operating environments that are not available to the public. Wippit keeps all of your personal information private and does not share it with or sell it to any third parties.