PlaylistBuilder Terms of Service

These Terms of Service (“Terms”) apply to the PlaylistBuilder website and service (“Service”), which is operated by LearnerShape Ltd, a UK company with registered address at 210 Upper Richmond Road, Unit 102, London SW15 6NP (referred to as “PlaylistBuilder” or “we” in these Terms). We refer to Service users in these Terms as “User” or “you”.

1. Prohibited Conduct

Users shall not, directly or indirectly, perform any of the following actions:

• Upload, install or otherwise transfer any content, software, virus, advertisement, or other item which in any way adversely affects the Service or associated data.
• Upload to the Service any content that is likely to be offensive to other Users or that violates applicable law or rights of third parties.
• Except as permitted by the Service, copy, modify, reverse engineer, disassemble or transfer any of the software, information, graphics or other content available via the Services.
• Remove or modify any copyright, trademark, legal notice, or other proprietary notice from the content available via the Service.
• Breach or bypass the Service’s security mechanisms, or attempt to do so – this includes accessing any data or server you are not authorized to access.
• Use any device, automatic retrieval mechanism or other means to harvest information about the Services, other Users or LearnerShape.

2. Access to Services

You are responsible for maintaining the confidentiality of your access credentials for the Service, and for restricting access to any computer while logged in to the Services. Your account is strictly personal, and should not be shared or transferred to anyone else. You agree to accept responsibility for all activities that occur via your account.

You are responsible for having sufficient and compatible hardware, software, communications equipment and Internet service necessary for use of the Service.

PlaylistBuilder will do our best to provide uninterrupted access to the Service, but we do not warrant availability of the Service. Unavailability of the Service may occur due to scheduled or unscheduled maintenance and various factors outside of our control. Any test version of the Service may be especially subject to unexpected bugs and interruptions.

3. Intellectual Property Rights

The Service contains information (“Materials”) in which PlaylistBuilder and our licensors (including Google / YouTube) have intellectual property rights (“IPR”). You should assume that everything on the Service may be subject to such IPR. We grant you a non-exclusive, revocable license over any IPR that we own in the Materials, for the sole purpose of using the Service.

4. Service Provided “As Is”

While PlaylistBuilder takes reasonable care in delivery of the Service and Materials, these are provided on an "as is" basis and without warranties of any kind with regard to the accuracy, completeness or usefulness of any information.

5. Links to Third Party Sites

The Service provide links to online services maintained by third parties (“Third Party Services”), especially Google's YouTube service. PlaylistBuilder aims to offer access to high-quality Third Party Services, but takes no legal responsibility for the content of any linked Third Party Services. When using YouTube, you agree to be bound by the YouTube Terms of Service.

6. Changes to Services

The Service is subject to change and removal without notice, except that we will aim to provide notice of any changes . PlaylistBuilder is not responsible for any additional costs, delay or liability which you may incur as a result of such changes.

7. Breach and Termination

If you breach these Terms, your authorization to use the Services is terminated. You agree to indemnify us for any claims or damages resulting from your breach of the Terms.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYLISTBUILDER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST TIME OR INTERRUPTION, LOST BUSINESS OR ANTICIPATED SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, WEBSITE OR MATERIALS, UNDER ANY LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nothing in this clause shall exclude our liability for personal injury resulting from negligence or for fraud.

9. Severability

If a provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of the Terms.

10. Law

These Terms are governed by the laws of England and Wales, and any dispute relating to the Terms and conditions shall be subject to the jurisdiction of the courts of England.

11. Amendments

PlaylistBuilder may revise these Terms to reflect changes in our services or the law, or for other reasons, and the revised Terms will be posted on this page. If we make any material change to the Terms and you are a registered User, we will notify you by email. If you use the Services after changes have been notified, you will be deemed to have accepted the amended Terms.