terms of use

Welcome to Getcloser.com, a social discovery service that allows you to discover new Music and Film and gets you closer to the Music and Films you love. The Getcloser service and network (collectively "the Service") is operated by Get Closer Limited ("Get Closer") whose registered office is situated at Shelley House, 2 - 4 York Road, Maidenhead, Berkshire, SL6 1SR, with registered number 3065164.

By checking the box on the registration page or accessing the Service at www.getcloser.com (the "Website") or using the site content or Service or accessing your account, you confirm that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use" or "this Agreement"), whether or not you are a registered member of the Service.

general terms and conditions

1. general

   • 1.1 Get Closer reserves the right, at its sole discretion, to change, modify add, or delete parts of this Agreement at any time without further notice to you. Any such amendments will be posted on this page and will indicate the date on which these Terms of Use were last revised. Your continued use of the Service or the Website after any such changes will constitute your acceptance of the updated Terms of Use. If you do not wish to accept the revised Terms of Use, you must not use or access (or continue to use or access) the Service or the Website. It is your responsibility to regularly check the Website to determine if the Terms of Use have been updated and to review those changes before deciding whether or not to access (or continue to access) the Service or Website.
   • 1.2 Particular aspects of the Website or the Service may be subject to additional guidelines or rules and all such guidelines or rules are incorporated by reference into these Terms of Use. In most cases the guidelines or rules are specific to a particular aspect of the Service and will assist you in applying the Terms of Use to that part of the Service. However, to the extent that there is any inconsistency between these Terms of Use and the guidelines or rules, these Terms of Use shall prevail. Get Closer may also offer other services from time to time that are governed by other terms of service. In such cases, the other terms of service will be posted on the relevant service to which they apply.
   • 1.3 You acknowledge and agree that you are responsible for and must pay for any service, equipment and/or telephony/other fees associated with access to the Website or the Service, either directly or through services that access web-based content.

2. eligibility

   • Membership of the Service or Website is void where prohibited. The Service and/or Website are intended solely for users aged 16 years or over who are resident in the United Kingdom. Any registration by, use or access to the Service and/or Website by anyone under 16 years of age and/or resident outside the United Kingdom shall be unauthorised, unlicensed and in violation of these Terms of Use. By using the Website and/or Service, you warrant that you are 16 years of age or older and are resident in the United Kingdom and that you agree to and will abide by all of these Terms of Use. Get Closer reserves the right to terminate your membership without warning if it believes that you are under 16 years of age and/or are not resident in the United Kingdom.

3. registration/use of data

   • 3.1 3.1 In consideration of your use of the Service and the Website, you agree to:
     1. provide true, accurate, current and complete information about yourself as required by the Service’s registration form (such information being the "Registration Data"); and
     2. maintain and promptly update the Registration Data to ensure that it remains true, accurate, current and complete.
   • 3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or Get Closer has reasonable grounds to suspect that this is the case, Get Closer shall have the right to suspend or terminate your account at its discretion and to refuse any and all current or future use of the Service or Website (or any part thereof) by you.

4. user account, password and security

   • 4.1 You will have selected your own password as part of the Service’s registration process. You are responsible for maintaining the confidentiality of that password and your account, and are fully responsible and liable for all activities that occur under your password or in relation to your account. You agree to:You will have selected your own password as part of the Service’s registration process. You are responsible for maintaining the confidentiality of that password and your account, and are fully responsible and liable for all activities that occur under your password or in relation to your account. You agree to:
     1. maintain the security of your password and account;
     2. immediately notify Get Closer of any unauthorised use of your password or account or any other breach of security;
     3. ensure that you exit from your account at the end of each session; and
     4. be fully responsible for all use of your account and for any actions that take place using your account.
   • 4.2 Get Closer shall not be liable for any loss or damage arising from your failure to comply with the obligations in Clause 4.1.
   • 4.3 You agree that your account is non-transferable and that any rights to your account or password or contents of your account are personal to you and terminate upon your ceasing to be a member of the Service and/or the Website and/or upon your death. Get Closer reserves the right to terminate any account and permanently delete all contents therein which has not been used for a period of six months or more.

5. user content posted on website

   • 5.1 You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you and not Get Closer are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service or Website.
   • 5.2 You must not copy, post, transmit, or share Content on the Website or Service that you did not create or that you do not have permission to post. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Get Closer or submitted to Getcloser.com including, without limitation, information in Website message boards or groups or in any other part of the Website or Service.
   • 5.3 Get Closer does not control the Content posted by users via the Service or on the Website and therefore does not guarantee the accuracy, integrity or quality of such Content.
   • 5.4 In recognition of the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable Content. In particular, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom.

6. privacy policy

   • Your privacy is important to us. Your Registration Data, account information, Content and certain other information about you will be subject to the Getcloser.com Privacy Policy. Click here to view the Getcloser.com Privacy Policy.

7. user conduct

   • 7.1 You acknowledge that by using the Service or Website, you may be exposed to Content that may be considered offensive, indecent or objectionable. Under no circumstances will Get Closer be liable in any way for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted by you or others via the Service or Website. If you become aware of misuse of the Website or the Service by any person, please click on the "Get in Touch" button at the bottom of any Website page.
   • 7.2 You agree not to use the Service or Website to:
     1. impersonate any person or entity, including, but not limited to, a Get Closer forum leader, guide or host, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
     2. use or attempt to use another’s account, service or system without authorisation from Get Closer or create a false identity on the Website or through the Service;
     3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or on the Website;
     4. attempt to probe, scan or test the vulnerability of any Get Closer system or network or breach or impair or circumvent any security or authentication measures protecting the Website or the Service;
     5. use the Service or Website in any unlawful manner or in any manner which could damage, impair, disable or overburden the Website or the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service or the Website;
     6. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange
     7. "stalk" or otherwise intimidate or harass another;
     8. upload, post, email or otherwise transmit:
        1. any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements);
        2. any private information or personal data of any third party including, without limitation, telephone numbers, addresses, passwords or financial details, or solicit such personal information for commercial or unlawful purposes;
        3. any Content that infringes any patent, trade mark, design, trade secret, copyright or other proprietary rights of any party;
        4. any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where such areas are specifically designed for that purpose;
        5. any material that contains software viruses including but not limited to Trojan horses, worms, time bombs, cancel-bots or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        6. any Content that is unlawful, harmful, infringing, threatening, abusive, inflammatory, harassing, tortuous, defamatory, vulgar, obscene, fraudulent, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
        7. any content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or would otherwise create liability or violate any applicable laws;
        8. any content that, in the sole judgment of Get Closer, is objectionable or which restricts or inhibits another's use or enjoyment of the Website or Service, or which may expose Get Closer, its affiliates or its users to any harm or liability of any kind;
     9. use the Website or Service in any manner not permitted by this Agreement; or
     10. encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
   • 7.3 You acknowledge that Get Closer does not pre-approve or screen Content but that Get Closer and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service or Website. Without limitation to the foregoing, Get Closer and its designees shall have the right to remove any Content that violates these Terms or Use or is otherwise objectionable.

8. user disputes

   • 8.1 You are solely responsible for your interactions with other Getcloser.com users. Get Closer reserves the right, but has no obligation, to monitor disputes between you and other users.
   • 8.2 GET CLOSER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE.

9. intellectual property

   • 9.1 Trade Marks: Getcloser is a trademark and service mark of HMV (IP) Limited (the "Trade Marks"). You agree not to display or use the Trade Marks in any manner without Get Closer’s prior written permission.
   • 9.2 Rights in Website Content: With the exception of your own Content, all content on the Website and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files and their selection, arrangement and "look and feel" (the "Website Content") is and shall remain the property of Get Closer or of those third parties whose content is licensed to Get Closer. No Website Content may be modified, copied, distributed, downloaded, posted, transmitted, reproduced, framed, republished or sold in any form or by any means, in whole or in part, without Get Closer's prior written permission.
   • 9.3 You are granted a limited licence to access and use the Website and the Website Content and to download and print one copy of any portion of the Website Content to which you have properly gained access solely for personal and non-commercial use. Any such use must ensure that all copyright and proprietary notices remain intact. Except for your own Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet site or incorporate any aspect of the Website Content in any other database or compilation. Any other use of Website Content is strictly prohibited.
   • Get Closer does not claim any ownership rights in any Content you submit, upload, post, or display on the Website or through the Service and you will continue to have the right the use that Content in anyway you choose. However by uploading, posting, e-mailing or otherwise transmitting any Content to Get Closer or onto the Website, you hereby grant Get Closer an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable right to use, reproduce, modify, adapt, prepare derivative works on, perform, display, publish, distribute, transmit, broadcast or otherwise exploit such Content in any current or future form or manner on the Website whilst you are a member of the Website or use the Services. On termination of your membership we will remove any Content uploaded or posted by you. You represent and warrant that you have the necessary rights, licences, consents and permissions to grant such licence to Get Closer. Get Closer will own all right, title and interest in all derivative works and compilations of Content from users that are created by Get Closer, including all worldwide intellectual property rights. You agree to provide any assistance or execute any documentation required and requested by Get Closer to give Get Closer the full benefit of the rights granted under this licence to Get Closer from you.
   • Submissions from Users: You agree and acknowledge that any questions, comments, suggestions, ideas feedback or other information about the Website or the Service provided by you to Get Closer shall be deemed non-confidential and that Get Closer shall be entitled to use such submissions for any purpose, whether commercial or otherwise, without acknowledgement or compensation to you
   • Third Party Complaints: Get Closer respects the intellectual property rights of others and Get Closer asks its users to do the same. If you believe that any of your intellectual property rights or those of any third party have been infringed on the Website or in relation to this Service, please click the 'Get In Touch' link at the bottom of the page and report the problem. For further details, please refer to our Get Closer's Copyright Policy.

10. disclaimers

    • YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
    • 10.1 YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE, WEBSITE CONTENT AND SERVICE AND ALL MATERIALS, INFORMATION AND PRODUCTS INCLUDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW.
    • 10.2 GET CLOSER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, WEBSITE CONTENT AND SERVICE INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE, ANY TERM AS TO THE PROVISION OF SERVICE TO A STANDARD OF REASONABLE CARE AND SKILL, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, PERFORMANCE, THE SECURITY, ACCURACY, RELIABILITY OR PERFORMANCE OF THE WEBSITE; OR THAT THE WEBSITE, WEBSITE CONTENT AND SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
    • 10.3 NO ADVICE OR INFORMATION OBTAINED BY YOU FROM GET CLOSER, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THIS AGREEMENT.
    • 10.4 ANY WEBSITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH WEBSITE CONTENT.
    • 10.5 THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. GET CLOSER IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SUCH WEBSITES ARE IN NO WAY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY GET CLOSER. INCLUSION OF ANY LINKED WEBSITE ON THE WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY GET CLOSER. WHEN YOU ACCESS SUCH THIRD PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK. GET CLOSER TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE OR MAY BE POSTED ON THE WEBSITE OR THROUGH THE SERVICE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICE PROVIDED BY SUCH ADVERTISERS.

11. limitation on liability

    • YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
    • 11.1 IN NO EVENT WILL GET CLOSER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GET CLOSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
      1. THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICE;
      2. THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
      3. UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA
      4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
      5. ANY OTHER MATTER RELATING TO THE SERVICE
    • 11.2 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF GET CLOSER.

12. indemnity from user

    • You agree to indemnify, keep indemnified and hold harmless Get Closer, its group companies (including for the avoidance of doubt its ultimate holding company and subsidiaries of that holding company), affiliates, officers, agents, co-branders and other partners, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of any Content you submit, post to or transmit through the Service or Website, your use of the Service or Website, your violation of the Terms of Use, or your violation of the rights of another.

13. no resale

    • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, Website or Website Content or use of the Service, Website or Website Content or access to the Service, Website or Website Content. You further agree not to use the Service, Website or Website Content except as expressly permitted under these Terms of Use.

14. termination

    • 14.1 Get Closer may immediately terminate or suspend your account and/or access to the Website or Service and remove any Content from the Website or its servers in the event that you breach these Terms of Use. Notwithstanding this, Get Closer also reserves the right to terminate the Website, Service or your access to them at any time and for any reason. After such a termination, you agree and acknowledge that Get Closer will have no further obligation to provide the Website or Service
    • 14.2 Upon termination, all licences and other rights granted to you by these Terms of Use will immediately cease. Get Closer will not be liable to you or any third party for termination of the Service or termination of your use of the Service. UPON TERMINATION OR SUSPENSION FOR WHATEVER REASON, ANY INFORMATION (INCLUDING CONTENT) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THAT RELATES TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Get Closer shall have no obligation to maintain any information stored in its database related to your account or to forward any information to you or any third party
    • You may terminate your account at any time and for any reason by clicking the ‘Get In Touch’ button and asking us to remove your account. Upon any termination by a user, the related account will no longer be accessible.
    • Any suspension, termination or cancellation will not affect your obligations to Get Closer under these Terms of Use (including but not limited to, ownership of rights, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

15. governing law and jurisdiction

    • This Agreement and the relationship between you and Get Closer shall be exclusively governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.

16. non-waiver

    • Any failure by Get Closer to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

17. invalidity

    • If any part of this Agreement is unenforceable (including any provision in which Get Closer excludes its liability to you) the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that the other provisions of this Agreement will remain in full force and effect.

18. entire agreement

    • These Terms of Use (together with any guidelines or rules referred to therein) constitute the entire agreement between you and Get Closer and govern your use of the Service and Website and supersede any prior agreements between you and Get Closer in relation to the Service or Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.

27th June 2008

subways competition terms and conditions

1. To be eligible, entries must be received on or before the closing date of 22 of August 2008 11.59 PM GMT. No purchase necessary.
2. Anyone who befriends the Subways on getcloser.com on or before the closing date will automatically be entered into the draw. Only one entry per person. Entrants must be 16 years or over and residing in the United Kingdom. Submission of an entry constitutes acceptance of these Rules.
3. This prize draw is not open to those who are employees, agents or representatives of the HMV Group plc group of companies, and their respective advertising and promotional agencies, and members of their respective immediate families and those domiciled with those families.
4. Entries will be declared invalid if they are illegible, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.
5. All entrants must comply with the terms and conditions of the getcloser.com site.
6. An independent, random draw will take place after the closing date and by 25 August 2008. The prize winner will be emailed on this date.
7. The first valid entry chosen at random will receive the prize of a Gibson Epiphone Guitar signed buy the Subways.
8. The prize cannot be exchanged, transferred or sold and there is no cash or other alternative.
9. If a winner cannot be contacted or does not respond to the Promoter’s email within 10 working days of such email being sent, the prize claim will lapse.
10. If a selected entry is invalid, adjudged void or a prize claim lapses, another entrant may be selected at random from the remaining eligible entries (but the Promoter shall have no obligation to do so).
11. By entering the promotion, entrants consent to the use of their names, place of residence, photograph and/or image for publicity purposes in all media carried out by the Promoter without payment or compensation.
12. No telephone contact or correspondence will be entered into except with the winning entrant.
13. All entries (but not the entrants’ getcloser.com profiles) become the property of the Promoter.
14. The Promoter may (i) extend any time limit or waive any of the Rules where a person might otherwise have been disqualified (without obliging the Promoter to relax the Rules on any other occasion for that entrant or at all for any other person whatsoever), (ii) terminate or suspend the Promotion at any time due to supervening circumstances beyond the Promoter’s control, (iii) decline to enter into any correspondence save as otherwise stated in these Rules and (iv) substitute a product which the Promoter deems (in its discretion) to be an appropriate replacement and of equal or greater value in the place of the prize.
15. To the fullest extent permitted by applicable law (but not otherwise) the Promoter assumes no responsibility and is not liable for: (i) the accuracy or otherwise of the prize description or illustration, (ii) any representation, warranty, condition or guarantee in respect of a prize, (iii) the non-availability, failed, loss, late receipt, interception or damage of any entry, prize-claim, prize, notification or other communication, (iv) any circumstances beyond its reasonable control; or (v) any taxes, fees, charges or other costs which winners may be required to pay any time in connection with a prize.
16. For name/county of prize winner, please send a stamped addressed envelope marked 'Get Closer Subway Competition' to be received during the 6 week period following the draw to the Promotions Department, Get Closer Limited, Film House, 142 Wardour Street, London W1F 8LN after 30 November 2008. No entries should be sent to this address.
17. Promoter: Get Closer Limited, Film House 142 Wardour Street, London W1F 8LN.

1st August 2008