About us
surgecontent.io (the "Site") is operated by Surge Content Limited ("Surge", "we", "us", "our"), a company registered in England and Wales under company number 16415580, with its registered office at 167-169 Great Portland Street, London, England W1W 5PF.
You can contact us at [hello@surgemusic.io].
These terms
These Terms & Conditions govern your use of the Site. By accessing or using the Site, you confirm that you accept these terms and agree to comply with them. If you do not agree, you must not use the Site.
These terms cover the Site only. They do not govern the supply of any campaign, marketing or content services by Surge. Those services are provided under a separate written agreement, statement of work, insertion order or campaign proposal agreed between Surge and the client. Where there is any conflict between these terms and a signed services agreement, the services agreement takes precedence in relation to those services.
Changes to these terms and to the Site
We may amend these terms at any time by updating this page. Please check this page from time to time, as any revised terms will apply to your use of the Site from the date they are posted.
We may update or change the Site at any time to reflect changes to our services, our clients' requirements or our business priorities. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted, and we may suspend, withdraw or restrict all or any part of it without notice.
Accessing the Site
The Site is made available free of charge. You are responsible for making all arrangements necessary to access the Site and for ensuring that anyone accessing it through your internet connection is aware of these terms.
The Site is intended for use by businesses and professionals in the music and entertainment industries. It is not directed at consumers or at children.
Intellectual property
All intellectual property rights in the Site and in the material published on it - including text, layout, design, graphics, photography, video, campaign case studies, methodology descriptions, data visualisations, logos and the Surge name and marks - are owned by us or licensed to us. All such rights are reserved.
You may print off one copy, and download extracts, of any page from the Site for your own internal reference. You must not modify copies of any materials you have printed or downloaded, and you must not use any illustrations, photographs, video sequences or graphics separately from any accompanying text.
Our status as the author of content on the Site must always be acknowledged. You must not use any part of the content on the Site for commercial purposes without obtaining a licence from us.
Artist, label and third-party content
The Site features work carried out for and with third parties. Artist names, song titles, release artwork, label names, logos, platform names and other third-party trade marks and copyright works appearing on the Site remain the property of their respective owners and are used for the purpose of identifying and describing campaign work.
Their appearance on the Site does not imply any endorsement of Surge by those parties beyond the campaign work described, and does not grant you any rights in that material.
If you are a rights holder and believe any content on the Site has been used incorrectly or without appropriate permission, please contact us at [hello@surgemusic.io] and we will review it promptly.
Case studies, data and results
Campaign case studies, performance figures, screenshots and analytics shown on the Site describe outcomes achieved on specific campaigns, at a specific time, under specific conditions. They are provided for illustration only.
Social platforms change their algorithms, policies and measurement methodologies frequently and without notice. Results achieved on one campaign are not a prediction, promise, warranty or guarantee of results on any other campaign. Nothing on the Site constitutes a representation or warranty as to the performance of any future campaign.
Content on the Site is provided for general information only. It does not constitute advice on which you should rely, and we make no representations, warranties or guarantees, whether express or implied, that content on the Site is accurate, complete or up to date.
Enquiries and contract formation
Any enquiry submitted through the Site, and any proposal, rate card, indicative pricing or campaign plan we issue in response, is an invitation to discuss and is not an offer capable of acceptance. No contract for services comes into existence between you and Surge until a written agreement, statement of work or insertion order is signed or expressly confirmed in writing by an authorised representative of Surge.
Information you submit through the Site's contact form will be handled in accordance with our Privacy Policy.
Acceptable use
You may use the Site only for lawful purposes. You must not:
- use the Site in any way that breaches any applicable law or regulation, or that is fraudulent or has any fraudulent purpose or effect;
- use the Site to send, knowingly receive, upload, download or use any material which does not comply with these terms;
- scrape, harvest, systematically extract, mine or otherwise collect data from the Site by automated means, or use the Site's content to train machine learning or AI models, without our prior written consent;
- introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorised access to the Site, the server on which it is stored, or any server, computer or database connected to it; or
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
We will report any breach of this section to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.
Linking to and from the 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. 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, and you must not frame the Site on any other site.
Where the Site contains links to other sites and resources provided by third parties, these 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.
Our liability
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under English law.
To the extent permitted by law, we exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity in relation to the Site.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with use of, or inability to use, the Site, or use of or reliance on any content displayed on the Site. In particular, we will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your own information technology, computer programmes and platform to access the Site, and you should use your own virus protection software.
Confidential information
Please do not submit confidential unreleased material, embargoed release information, unreleased audio or commercially sensitive information through the Site's public contact form. If you need to share confidential information with us, contact us first and we will agree an appropriate route and, where required, put a non-disclosure agreement in place.
Privacy and cookies
Your use of the Site is also governed by our Privacy Policy and our use of cookies, which explain how we collect and use personal data.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside our reasonable control, including changes to third-party platform policies, algorithms, APIs or terms of service.
Governing law
These terms, their subject matter and their formation are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
Contact us
To contact us about these terms, email [hello@surgemusic.io] or write to us at 167-169 Great Portland Street, London, England W1W 5PF.