DUDU TASSA, JONNY GREENWOOD AND BMG UK ‘JARAK QARIBAK’ MESSAGEBOARD 

TERMS & CONDITIONS

Please read these terms and conditions carefully before using this Site and submitting your video(s). 

Click on the links below to go straight to more information on each area:

  1. OVERVIEW AND HOW TO CONTACT US
  2. CONTENT YOU SUBMIT TO US
  3. SITE
  4. OWNERSHIP OF YOUR CONTENT AND INTELLECTUAL PROPERTY RIGHTS
  5. HOW WE MAY USE YOUR PERSONAL INFORMATION
  6. HOW YOU MAY USE MATERIAL ON THE SITE
  7. DO NOT RELY ON INFORMATION ON THIS SITE
  8. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
  9. LIMITATION OF LIABILITY
  10. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
  11. WE MAY MAKE CHANGES TO THESE TERMS AND TO THE SITE
  12. WE MAY SUSPEND OR WITHDRAW THE SITE
  13. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
  14. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
  15. RULES ABOUT LINKING TO THE SITE
  16. DATA PROTECTION
  17. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Last modified: 9 June 2023

  1. OVERVIEW AND HOW TO CONTACT US
    1. This campaign is promoted by BMG Rights Management (UK) Limited (“we”, “us”, “our”) on behalf of the BMG group of companies and Dudu Tassa and Jonny Greenwood (together hereinafter “Artist”).  We are a limited company registered in England and Wales under company number 06705101 and our registered office is located at 8th Floor, 5 Merchant Square, London, W2 1AS, UK.  To contact us please email: worldcircuit@bmg.com. 
    2. These terms tell you the rules for using the website at message.jarakqaribak.com and/or any of our websites or related sites, online or mobile products, content and services, such as widgets and applications (collectively, the “Site”).
    3. In particular, these terms tell you about your obligations in relation to any Content (as defined below) that may be submitted by via the Site (the “Campaign”) and how we may use that Content.
    4. Upon using the Site you will be deemed to have understood and accepted these terms and conditions (“Terms”) and agree to be bound by them.  If you do not agree to these Terms you must not use the Site.
    5. These Terms refer to our Privacy Policy and our Cookies Policy which also apply to your use of the Site.  If you have any questions about these Terms, please contact us: data-protection@bmg.com. 
  2. CONTENT YOU SUBMIT TO US
    1. Our site allows you to submit content and information to us via the “Share Your Message” page, including your name, email address and text (i.e. your “message” and its title) and any images (collectively “Content”).   You may submit your Content to us so long as you comply with these terms and conditions, and with all applicable laws and regulations.  When you submit your Content you do so for the purposes of having it considered by us for use as a “message” on the Site (and via social media and other media as set out below).
    2. When you submit your Content to us you do so for the purposes of having it considered by us or use in connection with the Campaign (whether alone or together with other material) on the Site, on our websites, via television platforms, exhibition in public places, social media, websites connected to us and/or the Artist and/or our licensees, in any and all publicity, promotional and marketing materials relating to the Campaign and via other media as set out below
    3. Your Content will be processed in accordance with our Privacy Policy and our Cookies Policy.
  3. SITE

    By submitting your Content to us you agree that it may be considered for use by us on the Site, in each case subject to the following terms and conditions:

    a) We make no representation or guarantee that we will ultimately use any Content (whether submitted by you, or by other users) on the Site, and as such there is no minimum or maximum number of items of Content submitted to us that will ultimately be used on the Site.  You acknowledge that the creation of promotional material such as the Site is an inherently artistic and subjective process, and by submitting your Content you acknowledge that we are under no obligation to actually use any Content (whether submitted by you, or by other users) on the Site; 

    b) We shall be under no obligation to provide you with any reason or explanation for why your Content has or has not been selected for use on the Site (such decision and the criteria for use of any Content being at our absolute discretion), and no correspondence or discussion will be entered into in this regard;

    c) We shall be the owner of the Site content and shall be entitled to exploit either of them in accordance with these Terms, in perpetuity, and via any and all means and media, worldwide, (including without limitation via television platforms, exhibition in public places, the Site, social media, websites connected to us and/or the Artist, and in any and all publicity, promotional and marketing materials relating to the Campaign) without any restrictions or payment to you whatsoever.  Notwithstanding any other provision of these Terms, we shall not be under any obligation to actually produce and/or exploit the Site;

    d) Content will not be considered for use on the Site if it is not otherwise in compliance with these Terms; and

    e) Our rights to use your Content in connection with the Site and the Campaign are as set out in the section entitled Ownership Of Your Content And Intellectual Property Rights.
  4. OWNERSHIP OF YOUR CONTENT AND INTELLECTUAL PROPERTY RIGHTS
    1. All Content submitted must be your own original work and must not have been published elsewhere.  It is your responsibility to ensure that the Content you submit does not infringe the copyright or any other rights of any third party or any laws.  You warrant that the Content is your own work and that you own the copyright in it.
    2. Copyright in all the Content submitted by you to us remains with you, however, you grant to us a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, transferable, sub-licensable licence to use, exploit, display, publish, transmit, distribute, create derivative copies of, make available, copy, adapt, edit, alter, store, re-format and sub-license the Content (in whole or in part) whether alone or together with other materials so far as possible without restriction.  We and our licensees (and/or any third parties authorised by us) shall be entitled to use the Content for all purposes in connection with: 

      a) The Campaign, whether on the Site, or on other websites and/or social media accounts operated by us and/or our affiliates or licensees and/or the Artist, via television platforms, exhibition in public places, in any and all publicity, promotional and marketing materials relating to the Campaign;

      b) Any other uses of your Content via any and all means and media, whether existing now or invented in the future, in connection with the Site or Campaign (including the Campaign’s publicity, advertising, marketing and promotion and the insertion of advertising in connection with the Site and/or any Content), (all such use being at our absolute discretion).  
    3. You agree that we are under no obligation to use your Content and that we may remove it from the Site or any other platform and/or materials, in our absolute discretion, at any time and without notice to you.
    4. You acknowledge and agree that we (and/or any third parties authorised by us) shall be permitted to publicise, advertise and promote the Site and Campaign and/or any Content submitted to us via any and all means and media, worldwide, in perpetuity.
    5. You warrant and represent that your Content is true and accurate and that:

      a) You are the owner (and/or authorised user) of the Content and that you are solely responsible for the Content you submit to us;

      b) Any use of the Content in accordance with these Terms does not infringe any copyrights, trade-marks, design rights or any other intellectual property rights (“IP Rights”), or rights of privacy/confidentiality, publicity, contractual rights or other rights of any other person or entity;

      c) You are the person depicted in any videos, images and/or recordings submitted as part of your Content (and if, despite this, you upload any videos, images and/or recordings including any third party, you have obtained the prior written consent of that party to submit such Content to the Site and you will provide to us their contact email address);

      d) The Content does not contain any information about or depict any person(s) under the age of 18 unless you are either their parent or legal guardian, or you have signed permission in writing from their parent or legal guardian;

      e) The Content does not contain any material which is defamatory, obscene or offensive;

      f) You will not assert any moral and/or similar rights you may have in the Content;

      g) The Content is not likely to mislead or deceive any person; and

      h) The Content is not likely to disrupt the Site in any way.
    6. You warrant that your Content complies with the standards set out above, and you will be liable to us and indemnify us for any breach of any of your warranties.  This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  5. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. Any Content that you submit to us will be processed in accordance with our Privacy Policy and our Cookies Policy.
    2. You agree that any Content you submit to us may be made available publicly and that we have no obligation to maintain the confidentiality of your Content, except pursuant to our Privacy Policy and our Cookies Policy.
    3. We also have the right to disclose your identity to any third party who is claiming that any Content submitted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
  6. HOW YOU MAY USE MATERIAL ON THE SITE
    1. You acknowledge and agree that all IP Rights on the Site and in the material published on the Site (except the Content as defined above) shall remain at all times vested in us or our licensors.  All content (text, images, graphics, sound, video and animation files as well as their grouping etc.) on the Site is protected by copyright law and other similar laws.  All rights are reserved.  This legal protection also extends to any databases and similar facilities available on, or accessible through, the Site.  The material on the Site is only free for viewing and use as permitted on the Site.  The content of the Site may not be reproduced, distributed, changed or made available to third parties in any form (except as permitted under copyright law) without our prior written permission (except in respect of use of the Content (as defined above) by the owner of such Content).  Furthermore, several areas of the Site contain images the copyright in which is owned by third parties.  Wherever not otherwise expressly specified, all trade-marks on the Site are protected by trade-mark law.
    2. You acknowledge and agree that the Site is made available for personal non-commercial use only.  You may only access, view, copy, download and/or print pages from the Site for the purpose of personal non-commercial use.  Any other use is strictly prohibited.  You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
  7. DO NOT RELY ON INFORMATION ON THIS SITE
    1. The content on the Site is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
    2. This website may include information and materials submitted by other users of the Site.  This information and these materials have not been verified or approved by us.
    3. Although we make reasonable efforts to update the information on the Site, we cannot guarantee the completeness, accuracy, reliability, timeliness or usefulness of the information displayed on such Site.  We provide this information without any representations or warranties of any kind, either express or implied.  We disclaim each and every liability for damages arising directly or indirectly from the use of this Site, provided such liability is not based on intent or gross negligence on our part.
  8. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

    Our websites contain links to other websites.  These links serve informational purposes only.  We have no control over the content on websites to which we provide links or their development in the future and do not embrace or endorse any content displayed on websites operated by third parties.  The operators of the sites to which we provide links are solely responsible for their content.
  9. LIMITATION OF LIABILITY
    1. Insofar as is permitted by law, we, our agents or distributors will not in any circumstances be responsible or liable to compensate you or accept any liability for any loss, damage, personal injury or death occurring as a result of using the Site except where it is caused by the negligence of us, our agents or distributors or that of our employees.  Your statutory rights are not affected.
    2. Please note that we only provide the Site for domestic and private use.  You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  10. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS

    If you wish to complain about content submitted to us and displayed on the website, please contact us: worldcircuit@bmg.com. 
  11. WE MAY MAKE CHANGES TO THESE TERMS AND TO THE SITE

    We amend the terms of use of the Site from time to time.  Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.  We also update and change the Site from time to time.
  12. WE MAY SUSPEND OR WITHDRAW THE SITE
    1. The Site is made available free of charge.
    2. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons.
    3. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  13. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

    We may transfer our rights and obligations under these Terms to another organisation.  We will ensure that the transfer will not affect your rights under the contract.
  14. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
    1. We do not guarantee that the Site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platforms to access our Site.  You should use your own virus protection software.
    3. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.  You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.  You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use the Site will cease immediately.
  15. RULES ABOUT LINKING TO THE SITE

    You may link to the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link to the Site in any website that is not owned by you.  The Site must not be framed on any other Site, nor may you create a link to any part of the Site other than the home page.  We reserve the right to withdraw linking permission without notice.  If you wish to link to or make any use of content on the Site other than that set out above, please contact us: worldcircuit@bmg.com. 
  16. DATA PROTECTION
    1. For the purposes of this competition your personal data will be processed in accordance with the terms below and the general terms of the Privacy Policy.

      We, our affiliated BMG companies and/or the Artist (and/or our or their third-party suppliers, technology partners and/or marketing partners (together, our “partners”)) may use your personal data for the purpose of administering the competition, which may include processing your personal data by:
      • administering the competition in accordance with these Terms
      • contacting you in relation to the administration of the competition (including, if you are selected as a winner, to arrange delivery or collection of your prize)
      • responding to your queries in relation to the competition

        These activities are necessary for the performance of our contract with you in accordance with these Terms.
    2. We may directly collect certain personal data from you for the purpose of this competition, which may include:
      • your name
      • your email address
      • any other personal data that you provide when you contact or interact with us and/or our partners in relation to this Website and/or the competition
    3. We may share your personal data for the above purposes from time to time with various third parties in accordance with section 4 of the Privacy Policy.  This may include, in particular, sharing your personal data with the Artist (and/or our or their partners).  
    4. We will only retain personal data collected for the above purposes for so long as we and/or the Artist (and/or any of our or their relevant partner(s)) need it to fulfil those purposes in connection with these Terms, or for so long as required by statutory retention requirements.  For further information about our data retention practices (including in relation to technical data collected via the Website) please see section 9 of the Privacy Policy.
    5. For further information about our data protection practices in relation to your personal data (including how we may use any personal data that we collect when you sign up to the Artist newsletter, or any personal data shared with us via Spotify or YouTube), please see the Privacy Policy, including in relation to the following areas:
      • Section 5 (Data transfers outside UK/EEA)
      • Section 6 (Third-party links)
      • Section 7 (Data security)
      • Section 10 (Your legal rights)
      • Section 11 (Children)
    6. Any questions, comments or requests about this privacy information are welcome and should be addressed to our data protection team or directly to our data protection officer.

      The contact details for both are:
      • Email: data-protection@bmg.com 
      • Address: BMG Rights Management GmbH, Data Protection Team, Charlottenstraße 59, 10117 Berlin, Germany
  17. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

    Please note that these Terms, their subject matter and their formation, are governed by English law.  You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

Last modified: 9 June 2023