Terms of Use

1.            INTRODUCTION

 

Our website is operated by the Musicians’ Union (“we/us”). Our offices are at Musicians’ Union, 60—62 Clapham Road, London SW9 0JJ.  Our VAT number is GB607 9078 22.

 

Our privacy policy and terms of use (respectively referred to from now on as the “Privacy Policy” and the “Terms of Use”) apply when you use our website www.musicsupportedhere.com (“our Site”). Please read the Privacy Policy and Terms of Use carefully before you start to use our Site. By using our Site, you indicate that you accept the Privacy Policy and Terms of Use and that you agree to abide by them.  If you do not agree to them, please refrain from using our Site.

 

Our Privacy Policy and the Terms of Use may change and therefore you should review them regularly.  We will of course notify you of any changes where we are required to do so.

 

1.            ACCESS TO OUR SITE

 

1.1          Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the content of our Site without notice. From time to time, we may restrict access to some parts of our Site, or our entire Site. We will not be liable if for any reason our Site is unavailable at any time or for any period.

 

1.2          If you are using the Site you agree to be bound by these Terms of Use in respect of the matters described in the terms. If you do not wish to be bound by these Terms of Use you should exit the Site.

 

1.3          We may amend these terms at any time. Any amendments will be posted to the website and you shall be bound by such amended terms thirty days after the date of posting or earlier upon your use of the Site.

 

1.4          We shall be entitled at any time to:

 

1.4.1      alter the design or presentation of the Site without notice to you and without incurring any liability;

 

1.4.2      delete, remove or suspend the whole or any part of the Site, including any Content that you provide, without notice to you and without incurring any liability;

 

1.4.3      block or withhold your access to the Site if we have reasonable grounds to suspect any breach by you of these Terms of Use or, that we have or may incur any liability in connection with the Site, or if your use of the Site or Content is otherwise inappropriate.

 

2.            DEFINITIONS

 

2.1          “Content” means any information on the Site including without limitation text, photographs or other images;

 

2.2          “Site” means the Music Supported Here web site and each page of such website from time to time;

 

2.3          “Terms of Use” means these terms and any document referred to in these terms;

 

2.4          “User” means any person using our Site and “Users”, “you” and “your” shall be construed accordingly;

 

and

 

2.5          “We” or “Us” means the Musicians’ Union, 60—62 Clapham Road, London SW9 0JJ.

 

3.            PROHIBITED USES

 

3.1          You must use the Site in a positive and responsible way, respecting the rights and position of others and only for lawful purposes. In particular, but not limited to the following, you may not use our Site:

 

3.1.1      in breach of any applicable local, national or international law or regulation, whether criminal or otherwise; or in a manner which would involve Us or any other person in any breach of the local, national or international law or regulation;

 

3.1.2      in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under the Data Protection Act 1998;

 

3.1.3      for the purpose of harming or attempting to harm minors in any way;

 

3.1.4      in any way which contravenes the virus and hacking provisions as set out in Section 7 (Viruses, Hacking and Other Offences);

 

3.1.5      to upload, post, email or otherwise transmit any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, insulting, false, misleading, unreliable, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;

 

3.1.6      to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

 

3.1.7      to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the system;

 

3.1.8      to upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

 

3.1.9      to upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;

 

3.1.10    to interfere with or disrupt our Site’s system or servers or networks connected to our Site’s system, or disobey any requirements, procedures, policies or regulations of networks connected to our Site’s system;

 

3.1.11    to collect or store personal data about other Users without their knowledge

 

3.1.12    to upload files which contain an active hypertext link to another web site;

 

3.1.13    to frame or link to the Site or any part of it, or frame third party websites, without our express permission; or

 

3.1.14    to promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

 

4.            INTELLECTUAL PROPERTY RIGHTS

 

4.1          All intellectual property rights and goodwill in or relating to the Musicians’ Union including the name, logo and any associated rights, belong to us.  We are the owner or the licensee of all intellectual property rights in our Site and nothing in these Terms of Use shall grant you any rights, title or interest in and to such intellectual property rights. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

 

4.2          Any Content you make available through the Site will continue to be owned by you or your third party licensors.  Please note, however, that in relation to any of your Content you grant (or will procure that the owner of the intellectual property rights in your Content grants) to us a perpetual, irrevocable, world-wide, royalty-free, transferable, non-exclusive licence (with the right to sublicence) to use, edit, alter, adapt, translate, copy, distribute, publish, continue to publish or republish your Content in any way and for any purpose.

 

4.3          As the licence is irrevocable, this means, for example, that it exists whether or not you remain as a User and we do not have to remove your Content even if you would like us to.

 

4.4          By submitting your Content you warrant that you have the right to grant to us (or have procured the grant of) the non-exclusive licence described above. This means that if you have obtained your Content from a third party, you have obtained their permission to your grant of the non-exclusive licence described above to us. Please note that we have the right to disclose your identity to any third party who is claiming that any of your Content constitutes a violation of their intellectual property rights, or of their right to privacy.

 

4.5          When we make use of your Content, we will credit you as the author of your Content or if you are not the author of your Content, we will credit the actual author of your Content, provided that you make us aware of the identity of the author.

 

4.6          You are solely responsible for your Content.  Any Content you post on or via our Site is done so entirely at your own risk. You warrant that all of your Content is accurate and complete and in posting your Content you are not in breach of any applicable laws or regulations.

 

4.7          Pages may be downloaded, copied or printed for the personal use of Users but shall not be distributed or copied for any commercial purpose or used in any other work or publication.  If you print off, copy or download any part of our Site or of the Content in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

4.8          Except as expressly specified in this Section or as clearly stated on the Site, nothing in these Terms of Use may be construed as granting any licence or right to use any intellectual property of us, our partners or licensors without our express written permission.

 

5.            RELIANCE ON INFORMATION POSTED

 

We are not responsible for commentary (for example User comments/stories) and other Content posted about our Site, or on our Site and we disclaim all liability and responsibility arising from any reliance placed on such materials by any User or visitor to our Site.

 

6.            INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

 

We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

 

7.            VIRUSES, HACKING AND OTHER OFFENCES

 

7.1          You must not misuse our Site by knowingly introducing viruses, trojans, corrupted files, worms, logic bombs or other material which is malicious or technologically harmful.

 

7.2          You must not attempt to gain unauthorised access to, interfere with, damage or disrupt our Site, the server, equipment or network on which our Site is stored, any software used in the provision of our Site or any server, computer or database connected to our Site.  You must not attack our 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 our Site will cease immediately.

 

7.3          We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or material posted on it, or on any website linked to it.

 

7.4          You must not reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use.

 

8.            SUSPENSION AND TERMINATION

 

8.1          We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our Site. Failure to comply with these Terms of Use constitutes a material breach of the Terms of Use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

 

8.1.1      immediate, temporary or permanent withdrawal of your right to use our Site;

 

8.1.2      immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;

 

8.1.3      issue of a warning to you;

 

8.1.4      legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

 

8.1.5      further legal action against you; or

 

8.1.6      disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

8.2          The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

 

9.            OUR LIABILITY

 

9.1          The material (including all links and embedded material of third parties) displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy, quality or suitability for any particular purpose. Information contained on our Site has been compiled and obtained from sources believed to be reliable and credible but all such information is provided ‘as is’ without warranty of any kind either from us or contributors to the site (including Users).  We do not control and are not responsible for any information posted by Users (including links and embedded material of third parties). We do not warrant the accuracy of this or any other information in any respect and we cannot be held liable for any use you may make of it or any reliance you may place on it.

 

9.2          We hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and make no representation or warranty, express or implied, as to the accuracy or completeness or satisfactory quality or fitness for a particular purpose of the information on our Site. To the extent permitted by law, and subject to Section 9.6, we hereby expressly exclude liability for:

 

9.2.1      all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

 

9.2.2      any direct, indirect or consequential loss or damage incurred by you or any User in connection with our Site, or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it or embedded within it and any materials posted on it, including, without limitation any liability for:

 

(a)          loss of income or revenue;

 

(b)          loss of business;

 

(c)           loss of profits or contracts;

 

(d)          loss of anticipated savings;

 

(e)          loss of data;

 

(f)           loss of goodwill;

 

(g)          wasted management or office time; and

 

(h)          for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if reasonably foreseeable, provided that this condition shall not prevent claims for loss of, or damage to, your tangible property.

 

9.3          Every effort is made to keep the Site up and running smoothly, however we take no responsibility for, and will not be liable for, the Site being unavailable.

 

9.4          Any recommendation or other information on any area of the Site is used by you at your own risk.  The content of the Site is for general guidance only and should not be regarded as constituting legal or business advice or opinion. Legal and business advice should be sought and taken in relation to the specific circumstances of each case and nothing appearing on this Site is intended to be a substitute for obtaining specific legal and/or business advice from a competent professional.

 

9.5          Although we aim to update the Site regularly, and may change the Content at any time, please be aware that Content may be out of date and we make no commitment to update or remove Content.

 

9.6          The provisions of this Section 9 do not limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

9.7          Notwithstanding Clause 9.6, our liability under or in relation to our Site in respect of all claims (whether for negligence, breach of contract or otherwise) will be limited to £50.

 

9.8          You agree to indemnify and hold us harmless against all liabilities, claims and expenses that may arise from any breach of these Terms of Use by you, your employees or agents from any use of the Site or from any of the information provided by you.

 

10.          LINKS FROM OUR SITE

 

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only.  A link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked web site.  We have no control over the contents of those sites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.

 

11.          FRAMING

 

We and our Users embed content from a variety of other websites. In accordance with Section 9, we hereby disclaim all liability in respect of such third party content, posted by us or by any User.

 

These third-party websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send (or “serve”) the advertisements that appear on the Site directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by these Terms of Use. Please contact them directly for more information about their practices.

 

12.          OUR RIGHT TO VARY THESE TERMS OF USE/PRIVACY POLICY

 

We may revise these Terms of Use, Privacy Policy or the Cookies Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.  Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.

 

13.          JURISDICTION AND APPLICABLE LAW

 

13.1        The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.

 

13.2        These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

14.          INVALIDITY

 

If any term of these Terms of Use is held to be invalid or unenforceable by judicial decision, the rest of the terms shall remain valid and enforceable.

 

15.          ENTIRE AGREEMENT

 

15.1        These Terms of Use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

 

15.2        Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms of Use (whether made innocently or negligently) will be for breach of contract.

 

16.          YOUR CONCERNS

 

If you have any concerns about material which appears on our Site, please contact msh@musicsupportedhere.com.

 

Thank you for visiting our Site.