Terms

Terms & Conditions

Who We Are

We are SPIKE DIAMOND LTD, a company registered in England and Wales with Company Number 12120023 and whose registered office address is at Winnington House, 2 Woodberry Grove, London N12 0DR, UK(we, our, us).

We operate the country music website, Holler, located at www.holler.country (the Website).

These Terms and Conditions

These terms and conditions (the Terms) govern your relationship with us when you access the Website and (if applicable) use any of the Website’s functions which are explained in more detail below (the Website Functions).

Please refer carefully to these Terms before you start to use the Website and any of the Website Functions. We recommend that you print a copy of these Terms for future reference. By using the Website and any of the Website Functions, you will be deemed to have understood and accepted these Terms, which form a binding legal agreement between you and us.

Changes to These Terms

We may revise these Terms from time to time to ensure that we remain compliant with relevant laws and regulations and/or to keep up to date with changes to the Website, the Website Functions, and/or our business practices.

We will notify you of any material changes to these Terms by posting a notice on the Website. By continuing to use the Website and any Website Functions after changes are made (and, if material, notified), you are accepting those changes and will be bound by them. If you do not accept the amended Terms, please do not continue to use the Website or Website Functions.

Other Applicable Terms

These Terms include the following additional terms and policies, which also apply to your use of the Website:

  • our Privacy Policy holler.country/privacy (the Privacy Policy), which sets out the terms on which we process any personal data we collect from you or that you provide to us in connection with your use of the Website; and
  • the specific terms and conditions that apply to any competitions that we may run from time to time via the Website (Competitions), which terms and conditions will be displayed on the relevant page(s) of the Website.

The Website Functions

Users of the Website may:

  • access and listen to a catalogue of country music (Music) on an on-demand and (in some cases) a live webcast basis;
  • enter Competitions for which they are eligible; and
  • subscribe to a free monthly newsletter (Newsletter).

The list above is not an exhaustive list and we may offer additional Website Functions, or stop providing any Website Functions, at any time.

Your Use of the Website

You are responsible for making all technical arrangements necessary to access the Website. You are also responsible for ensuring that anyone who accesses the Website through your internet connection is aware of these Terms and that they comply with them.

You may use the Website only for lawful purposes. In particular, but without limitation, you may not use the Website:

  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • 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 the Website or any computer software or hardware.

You also agree:

  • not to download, rip, reproduce, share, duplicate, copy or re-sell any part of the Website (including the Music) or attempt to do any of these things; and
  • not to access without authority, interfere with, damage or disrupt (a) any part of the Website; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website; or (d) any equipment or network or software owned or used by any third party.

Intellectual Property

The Website and all materials published on/via the Website including but not limited to the Music and all text, graphics, photos, logos, button icons, images, trade marks, audio-visual content, databases, data compilations, data and software (together the Holler Content) are owned and controlled by or licensed to us. You may not copy, adapt, display, communicate to the public or otherwise use or attempt to use any Holler Content except as permitted by the Website Functions from time to time.

Availability of the Website

We will provide the Website using reasonable care and skill.

Subject to the paragraph above, the Website is provided on an "as-is" basis without any warranties of any kind, and we make no representations, warranties or guarantees regarding the availability or operation of the Website.

Your access to the Website may occasionally be suspended or restricted to allow for maintenance, repairs, upgrades, or the introduction of new functions. We will try to limit the frequency and duration of any planned disruption, but we will not be liable to you if for any reason the Website or any of the Website Functions is/are unavailable at any time or for any period.

Advertisements; Links to Other Websites

The Website will display advertisements for third party products and/or services, and such advertisements may offer click-through links to other websites from which such products and/or services can be obtained and which we reasonably believe to be reputable sources of such products and/or services. However, you acknowledge that these third parties are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of their products and/or services, and we do not accept any responsibility for their websites’ content, safety, practices or privacy policies.

Computer Viruses

We will use reasonable efforts to ensure that no part of the Website will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers used to access the Website run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.

Limitation of Liability

Nothing in these Terms seeks to exclude or limit (or does exclude or limit) our liability for death or personal injury arising from our negligence, for our fraud or fraudulent misrepresentation, for our breach of your rights as a consumer, or for any other liability that cannot be excluded or limited by law.

Except as set out above, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising in connection with your use of, or inability to use, the Website and/or any of the Website Functions.

The Website and the Website Functions are provided for domestic and private use only. You agree not to use the Website or the Website Functions for any commercial or business purposes and, if you do so, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Ending Your Rights Under These Terms

We may end your rights under these Terms if you have materially breached any of these terms or if we believe (acting reasonably) that your use of the Website and/or Website Functions is unsuitable. If we end your rights under these Terms, you must immediately stop all activities authorised by these Terms, including your access to the Website.

Newsletter

You can subscribe to the Newsletter by supplying your email address via the relevant page of the Website. You can unsubscribe from the Newsletter at any time using the link provided in the Newsletter.

Other Important Terms

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.

We keep these terms & conditions under regular review.

These terms and conditions were last updated on December 17, 2020.