Terms and Conditions

CREATE ARTWORK OF LEGENDARY JAMAICAN PRODUCER
LEE ‘SCRATCH’ PERRY TERMS & CONDITIONS

Please read these terms and conditions carefully before using this Site.

We want to see your artwork of Lee ‘Scratch’ Perry!  Your creation may potentially be featured on Spotify mobile as a ‘canvas’ for one of the tracks on Lee ‘Scratch’ Perry’s album “KING SCRATCH”. Out on Trojan Records on 26th August 2022. 

 We may also feature your artwork on Trojan Records’ Social Media Platforms/Website.

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. SPOTIFY CANVAS
  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. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES
  1. OVERVIEW AND HOW TO CONTACT US
    1. This website is operated by BMG Rights Management (UK) Limited (“we”, “us”, “our”) on behalf of the BMG group of companies.  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.  To contact us please email help@TrojanRecords.com. 
    2. These terms tell you the rules for using the website at kingscratch2022.trojanrecords.com and/or any of our other related online or mobile products, content and services, such as websites, widgets and applications (collectively, our “Site”).
    3. In particular, these terms tell you about your obligations in relation to any Content (as defined below) that you may submit to us via the Site in connection with the campaign to celebrate Lee ‘Scratch’ Perry and the release of “King Scratch”. (the “Campaign”) and how we may use that Content.
    4. The Campaign is intended to encourage fans to create artwork or videos that celebrate the legendary Jamaican producer Lee ‘Scratch’ Perry and Trojan’s release of “King Scratch”.  As part of this, we are asking fans to upload their artwork and/or videos to the Site.  Some of the artwork and/or videos (or extracts therefrom) may potentially be used as a so-called ‘canvas’ on the Spotify mobile platform (a “Canvas”) on the page(s) for Lee ‘Scratch’ Perry’s track(s) from the album “King Scratch” and on our and Trojan Records’ Social media pages/website (http://trojanrecords.com) (“Website”).  Please see the CONTENT YOU SUBMIT TO US and SPOTIFY CANVAS sections below for further details.
    5. 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.
    6. These Terms refer to our Privacy Policy which also applies to your use of the Site.  If you have any questions about these Terms, please contact us.
  2. CONTENT YOU SUBMIT TO US
    1. The Site allows you to submit content and information including (as applicable) your name, email address, residential address, text, videos and images (collectively, the “Content”) via the Submit your Content page.  You may submit your Content to us so long as you comply with these Terms and with all applicable laws and regulations.
    2. When you submit your Content to us you do so for the purposes of having it considered by us:
      1. for use in connection with the Campaign (whether alone or together with other material) on the Site, via television platforms, exhibition in public places, social media, websites connected to us, Lee ‘Scratch’ Perry 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; and/or
      2. for use as a Canvas.
    3. Your Content will be processed in accordance with our Privacy Policy.
  3. SPOTIFY CANVAS
    1. By submitting your Content to us you agree that it may be considered for use by us as a Canvas in connection with Lee ‘Scratch’ Perry and the tracks on his album “King Scratch” as well as on our and/or Trojan Records’ social media pages, subject to the following terms and conditions:
      1. We make no representation or guarantee that we will ultimately use any Content (whether submitted by you, or by other users) in or as a Canvas, and as such there is no minimum or maximum number of items of Content submitted to us that will ultimately be used in or as a Canvas.  You acknowledge that the creation of promotional material such as a Canvas 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) in or as a Canvas; 
      2. 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 in or as a Canvas (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;
      3. Content will not be considered for use in or as a Canvas if it is not otherwise in compliance with these Terms; and
      4. Our rights to use your Content in connection with the Canvas and the Campaign are as set out above in the section entitled CONTENT YOU SUBMIT TO US.
  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, animate, 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 any and all commercial and/or promotional purposes by any and all means and media now known or hereafter invented.
    3. You agree that we are under no obligation to use your Content and that we may remove it from the Site or from the Spotify mobile platform or any other platform and/or materials, in our absolute discretion, at any time and without notice to you.
    4. You warrant and represent that your Content is true and accurate and that:
      1. You are the owner (and/or authorised user) of the Content and that you are solely responsible for the Content;
      2. 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;
      3. 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);
      4. 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;
      5. the Content does not contain any material which is defamatory, obscene or offensive;
      6. you will not assert any moral and/or similar rights you may have in the Content;
      7. the Content is not likely to mislead or deceive any person; and
      8. the Content is not likely to disrupt the Site in any way.
    5. 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.
    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.
    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
    1. 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
    1. If you wish to complain about content submitted to us and displayed on the website, please contact us.
  11. WE MAY MAKE CHANGES TO THESE TERMS AND TO THE SITE
    1. 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
    1. 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 the 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
    1. 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.  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.
  16. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
    1. 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: 15th August 2022