The ITV Music Hub

Terms of Use

(The "Terms")

Overview

What is the ITV Music Hub?

ITV's Music Hub service ("the ITV Music Hub") 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 ITV and/or the ITV Group ("ITV Content").

"ITV" means ITV Studios Limited.

"ITV Group" means ITV, any of its subsidiary companies, its ultimate parent undertaking, all subsidiary undertakings of its ultimate parent undertaking and/or any other ITV branded entity. For the avoidance of doubt, this includes, without limitation ITV Studios Limited, ITV Broadcasting Limited, ITV Sport Channel Limited, ITV Text Santa Limited and ITV Consumer Limited.

Quick Summary

If you wish to use the ITV Music Hub, please note that:

Permitted Users

Which Terms of Use Apply?

The Terms of Use that apply to your use of the ITV Music Hub depend on whether you are an ITV Employee or if you represent a company engaged in making content with or for ITV or the ITV Group. Please read the terms that are applicable to you.



Terms of Use - ITV Employees

Your use of the ITV Music Hub

If you wish to use the ITV Music Hub, please note that:

What are these Terms of Use ("Terms") about?

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

Do your ITV Terms of Employment apply?

As an ITV Employee, your Terms of Employment will also apply to your use of the ITV Music Hub. In the event of any conflict between these Terms and your ITV Terms of Employment, your ITV Terms and Employment will prevail.

What is the ITV Music Hub?

The ITV Music Hub service ("the ITV Music Hub") 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 ITV ("ITV Content"). In these Terms, "Sound Files" means the individual music content files made available to you through the ITV Music Hub.

How may you use the ITV Music Hub?

The ITV Music Hub may only be used to research, listen to and download Sound Files for the purposes of producing ITV content. You may not use the ITV Music Hub for your own personal use or in any way other than to research, listen to or download Sound Files for the purposes of producing ITV content.

You may not use any Sound Files or data from the ITV Music Hub 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 ITV Music Hub?

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

Who is responsible for clearances?

ITV 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 ITV Music Hub you must delete that Sound File from your computer within 28 days of downloading such file.

How can ITV terminate your right to use the ITV Music Hub?

Your use of the ITV Music Hub may be checked and audited at any time and without notice to ensure that such use is in accordance with these Terms.

ITV reserves the right to terminate your access to the ITV Music Hub with immediate effect and without notice if:

Upon termination of your right to use the ITV Music Hub, ITV will cease to make the ITV Music Hub 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 ITV 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 ITV does not exercise or enforce any right that it has against you, ITV 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 ITV

Your use of the ITV Music Hub

If you wish to use the ITV Music Hub, please note that:

What are these Terms of Use about?

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

What is the ITV Music Hub?

The ITV Music Hub service ("the ITV Music Hub") is an online service for searching, listening to and downloading music for use in the production of ITV television, radio and related content ("ITV Content").

In these Terms, "Sound Files" means the individual music content files made available to you through the ITV Music Hub.

How may you use the ITV Music Hub?

As a company working with or for ITV, ITV make the ITV Music Hub available to you on a non-exclusive basis and solely for the purposes of searching, listening to and downloading Sound Files for use in ITV Content.

You may not use the ITV Music Hub for your own personal use or in any way other than to research, listen to or download Sound Files for the purposes of producing ITV content.

You may not use any Sound Files or data from the ITV Music Hub 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 ITV Music Hub?

  1. You may not (and you may not allow any other person to) disrupt or attempt to disrupt the ITV Music Hub. You agree not to use the ITV Music Hub to distribute software viruses or other harmful programs, or use the ITV Music Hub 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 ITV Music Hub users. This includes you storing or attempting to store personal data or usage details of other the ITV Music Hub 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 ITV Music Hub 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 ITV Music Hub or any Sound Files to any derogatory treatment or use them in such a way that would bring ITV into disrepute, or cause ITV 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 ITV Music Hub in whole or part.
  6. Your use of The ITV Music Hub grants no rights to you in relation to ITV's intellectual property rights or the intellectual property rights of third parties in the ITV Music Hub or the Sound Files. You agree not to copy, disclose, provide or otherwise make available for unauthorised use the ITV Music Hub, the Sound Files, ITV's name, logo and/or any other trademarks appearing in the ITV Music Hub 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 ITV Music Hub account.
  8. Should your role change or you leave your company, you are responsible for ensuring that your access to the ITV Music Hub is discontinued, in advance of your departure.

Who is responsible for clearances?

ITV 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 ITV Music Hub you must delete that Sound File from your computer within 28 days of downloading such file.

The basis on which ITV makes the ITV Music Hub available to you

ITV does not warrant or represent that a particular Sound File will be available on the ITV Music Hub, or that the ITV Music Hub or the Sound Files will always be available or be uninterrupted, timely, secure and free from bugs, viruses, errors and omissions.

ITV reserves its right to modify, suspend or discontinue the ITV Music Hub 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 ITV 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 ITV Music Hub 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 ITV Music Hub.

ITV 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 ITV Music Hub unless expressly set out in these Terms.

How can ITV terminate your right to use the ITV Music Hub?

Your use of the ITV Music Hub may be checked and audited at any time and without notice to ensure that such use is in accordance with these Terms.

ITV reserves the right to terminate your access to the ITV Music Hub with immediate effect and without notice if:

Upon termination of your right to use the ITV Music Hub, ITV will cease to make the ITV Music Hub 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.

What other (general) terms apply?

You may neither assign nor sub-contract any or all of the rights or obligations under these Terms without ITV'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 ITV with respect to the ITV Music Hub.

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

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.

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