Desktop Jukebox Terms of Use

Overview

What is Desktop Jukebox?

The BBC's Desktop Jukebox service ("Desktop Jukebox") is an online service for searching, listening to and downloading music for use in the production of BBC television, radio and related content (“BBC Content”).

Quick Summary

If you wish to use Desktop Jukebox, please note that:

Permitted Users

Which Terms of Use Apply?

The Terms of Use that apply to your use of Desktop Jukebox depend on whether you are a BBC employee or if you represent a BBC subsidiary or independent production company engaged in making BBC programmes. Please select from the following options to read the terms that are applicable to you:

I am a BBC Employee

I am a BBC Subsidiary or Independent Production Company

Desktop Jukebox Terms of Use - BBC Employees

Your use of Desktop Jukebox – Summary

If you wish to use Desktop Jukebox, please note that:

What are these Terms of Use (“Terms”) about?

These Terms tell you how you may use Desktop Jukebox so please read them carefully. The BBC may update these Terms from time to time so please review them regularly. If you use Desktop Jukebox, you agree to be bound by whichever version of these Terms is in force at such time.

Do your BBC Terms of Employment apply?

As a BBC employee your BBC Terms of Employment will apply to your use of Desktop Jukebox. In the event of any conflict between these Terms and your BBC Terms of Employment, your BBC Terms of Employment will prevail.

What is Desktop Jukebox?

The BBC's Desktop Jukebox service (“Desktop Jukebox”) is an online service for searching, listening to and downloading music for use in the production of BBC television, radio and related content (“BBC Content”).

In these Terms, “Commercial Music Files” means the commercial music files made available to you through Desktop Jukebox.

How may you use Desktop Jukebox?

Desktop Jukebox may only be used to research, listen to and download Commercial Music Files for the purposes of producing BBC Content.

You may not use Desktop Jukebox for your own personal use or in any way other than to research, listen to or download Commercial Music Files for the purposes of producing BBC Content. You may not use any audio files or data from the BBC Desktop Jukebox 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 Desktop Jukebox?

  1. You may not disrupt or attempt to disrupt Desktop Jukebox. You agree not to use Desktop Jukebox to distribute software viruses or other harmful programs, or use Desktop Jukebox to engage in harmful, harassing or otherwise objectionable activity.
  2. You may not infringe or attempt to infringe the privacy of other Desktop Jukebox users. This includes you storing or attempting to store personal data or usage details of other Desktop Jukebox users.
  3. You may not infringe any applicable law (including but not limited to copyright law) when using Desktop Jukebox and you agree not to infringe the rights of the owners of rights in the Commercial Music Files.
  4. You may not subject Desktop Jukebox or any Commercial Music Files to any derogatory treatment or use them in such a way that would bring the BBC into disrepute, or cause the BBC 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 Desktop Jukebox in whole or part.
  6. Your use of Desktop Jukebox grants no rights to you in relation to the BBC’s intellectual property rights or the intellectual property rights of third parties in Desktop Jukebox or the Commercial Music Files. You agree not to copy, disclose, provide or otherwise make available for unauthorised use Desktop Jukebox, the Commercial Music Files, the BBC's name, logo and/or any other trade marks appearing in Desktop Jukebox 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 Desktop Jukebox account.
  8. Should your role change or you leave the BBC, you are responsible for ensuring that your access to Desktop Jukebox is discontinued, in advance of your departure.

Who is responsible for clearances?

The BBC makes no guarantee that a particular Commercial Music 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 Commercial Music File and for reporting such use to the relevant industry bodies and collecting societies.

Once a particular Commercial Music File has been downloaded from Desktop Jukebox you must delete that Commercial Music File from your computer within 28 days of downloading such file.

How can the BBC terminate your right to use Desktop Jukebox?

Your use of Desktop Jukebox may be audited at any time and without notice to ensure that such use is in accordance with these Terms.

The BBC reserves the right to terminate your access to Desktop Jukebox with immediate effect and without notice if:

Upon termination of your right to use Desktop Jukebox, the BBC will cease to make Desktop Jukebox available to you. You will be required to promptly delete all Commercial Music Files from your computer.

Please note that a breach of these Terms may also constitute a breach of your BBC Terms of Employment and further action may be taken against you.

What other (general) terms apply?

If you breach these Terms and the BBC does not exercise or enforce any right that it has against you, the BBC 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 (or the laws of Scotland if you live there). If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales unless you live in Scotland or Northern Ireland, in which case you can choose to bring proceedings there.

Desktop Jukebox Terms of Use - BBC Subsidiaries and Independent Production Companies

Your use of Desktop Jukebox – Summary

If you wish to use Desktop Jukebox, please note that:

What are these Terms of Use about?

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

What is Desktop Jukebox?

The BBC's Desktop Jukebox service (“Desktop Jukebox”) is an online service for searching, listening to and downloading music for use in the production of BBC television, radio and related content (“BBC Content”).

In these Terms, “Sound Files” means the individual music content files made available to you through Desktop Jukebox.

Are you a permitted user?

You must be a permitted user in order to use Desktop Jukebox. You can find out here if you are a permitted user. If you are not a permitted user you may not access or use Desktop Jukebox.

How may you use Desktop Jukebox?

As a subsidiary of the BBC or independent production company, the BBC make Desktop Jukebox available to you on a non-exclusive basis and solely for the purposes of searching, listening to and downloading Sound Files for use in BBC Content.

You may not use Desktop Jukebox for your own personal use or in any way other than to research, listen to or download Sound Files for the purposes of producing BBC Content.

What restrictions apply to your use of Desktop Jukebox?

  1. You may not disrupt or attempt to disrupt Desktop Jukebox. You agree not to use Desktop Jukebox to distribute software viruses or other harmful programs, or use Desktop Jukebox to engage in harmful, harassing or otherwise objectionable activity.
  2. You may not infringe or attempt to infringe the privacy of other Desktop Jukebox users. This includes you storing or attempting to store personal data or usage details of other Desktop Jukebox users.
  3. You may not infringe any applicable law (including but not limited to copyright law) when using Desktop Jukebox and you agree not to infringe the rights of the owners of rights in the Sound Files.
  4. You may not subject Desktop Jukebox or any Sound Files to any derogatory treatment or use them in such a way that would bring the BBC into disrepute, or cause the BBC 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 Desktop Jukebox in whole or part.
  6. Your use of Desktop Jukebox grants no rights to you in relation to the BBC’s intellectual property rights or the intellectual property rights of third parties in Desktop Jukebox or the Sound Files. You agree not to copy, disclose, provide or otherwise make available for unauthorised use Desktop Jukebox, the Sound Files, the BBC's name, logo and/or any other trade marks appearing in Desktop Jukebox 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 Desktop Jukebox account.
  8. Should your role change or you leave your company, you are responsible for ensuring that your access to Desktop Jukebox is discontinued, in advance of your departure.

Who is responsible for clearances?

The BBC 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 Desktop Jukebox and used in BBC Content you must delete that Sound File from your computer within 28 days of such BBC Content being broadcast or released.

The basis on which the BBC makes Desktop Jukebox available to you

The BBC does not warrant or represent that a particular sound file will be available on Desktop Jukebox, or that Desktop Jukebox or the Sound Files will always be available or be uninterrupted, timely, secure and free from bugs, viruses, errors and omissions.

The BBC reserves its right to modify, suspend or discontinue Desktop Jukebox 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 the BBC and its agents from any resulting liabilities, damages or expenses, including court costs and reasonable legal fees, arising out of any willful, unlawful or negligent acts or omissions by you in relation to your use of Desktop Jukebox 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 Desktop Jukebox.

Neither you nor the BBC shall 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 Desktop Jukebox unless expressly set out in these Terms.

Nothing in this Agreement shall exclude or restrict either party’s liability for: (i) death or personal injury resulting from the negligence of a party or its employees acting in the course of their employment; (ii) fraudulent misrepresentation; or (iii) any other cause of action which cannot be limited or excluded under applicable law.

How can the BBC terminate your right to use Desktop Jukebox?

Your use of Desktop Jukebox may be audited at any time and without notice to ensure that such use is in accordance with these Terms.

The BBC reserves the right to terminate your access to Desktop Jukebox with immediate effect and without notice if:

Upon termination of your right to use Desktop Jukebox, the BBC will cease to make Desktop Jukebox 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.

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:

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:

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:

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 the BBC’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 the BBC with respect to Desktop Jukebox.

Any conflict between these Terms and any purchase order or other document will be resolved in favour of these Terms. If you or the BBC 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 the BBC.

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.