Terms of Usage

This page (together with the documents referred to on it) set out the terms of use on which you may make use of our website www.toodarnloud.net (our site). Please read these terms of use carefully before you start to use the site. By accessing and using our site you agree to be bound by these terms of use. If you do not agree to these terms of use, please refrain from using our site.

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

1. The Website

Information about us

This website is owned and operated by Too Darn Loud Ltd (“we” or “us”). We are registered in England and Wales under company number 07663140. Our trading address is P.O Box 381, Billingshurst, West Sussex, RH14 9AZ.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Use of our site

Our site lets you audition the music available within our library and enables you to submit a license request to use our music within your production.
These terms of use apply to the site and use of our music and should be read in conjunction with our License Agreement that you will be required to agree to in order to use our services and music.

Acceptable use terms

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

We will determine, in our discretion, whether there has been a breach of these acceptable use terms through your use of our site. When a breach of these acceptable use terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these acceptable use terms constitutes a material breach of the terms of use and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these acceptable use terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

Changes

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

2. Licensing our music

If you wish to use our music in your production, you must submit a license request form in order to obtain a usage license. We offer a range of licencing options as detailed on our licencing page. Licencing is at our discretion and we reserve the right to refuse to issue a licence to any persons for any reason whatsoever. Once we receive your request, we will verify your identify and licensing requirement. Once approved, we will issue the license along with details on how to download your licensed track(s).

When submitting your details, you are responsible for the accuracy and legality of the information you provide and will be solely accountable for submitting false or inaccurate information.

Please note, where payment is required, your License Agreement will only be valid once payment has been received by Too Darn Loud Ltd. Payments may be made on-line, by bank transfer or cheque.

We reserve the right to suspend or decline a licence request should you breach, or we have reason to believe you will breach, these terms or the terms of the License Agreement.

The rates and License Agreement cover use of the track in one production only. If you wish to use the same track in another production you will need to license the track for each usage (entering into a new Licence Agreement for each production). Any significant changes to the original production (including incorporation into another production) will constitute a new production also.

If you have a custom requirement, e.g. a blanket license, please contact us at enquires@toodarnloud.net.

3. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (including, without limitation, all music in our library). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Too Darn Loud is a member of the Performing Right Society (PRS) in the UK and equivalent overseas societies. All public performances of our music must be covered by a public performance license. It is the responsibility of the broadcaster, live venue or website owner to clear this license with the PRS or other local performing rights societies throughout the World.

The unauthorised usage of our music is strictly prohibited and we reserve the right to take legal action if you infringe any of our rights.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. Reporting your music use

When using music in your production you will need to fill in a music cue sheet. Please send a copy of your cue sheet to cuesheets@toodarnloud.net. Alternatively you can post it to us at:

Too Darn Loud

PO Box 381

Billingshurst

West Sussex

RH14 9QU

If you require a cue sheet template, please click here to download.

5. Cancellations and refunds

Cancellations of your licensing request will be granted if you cancel your license request prior to us issuing confirmation of your request. Please email enquiries@toodarnloud.net if you wish to cancel your request.

6. Your information

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

7. Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

  whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

8. General

Linking to our site

You may link to our 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, but 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 from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to enquires@toodarnloud.net.

Inappropriate use

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable law and jurisdiction

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Your concerns

If you have any concerns about material which appears on our site, please contact info@toodarnloud.net.