Birminghamusic.com – Website Terms & Conditions
Terms and conditions for the use of this site (scroll down)
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1. Introduction
1.1 Please read these terms and conditions carefully before using the website operated by Birmingham Music . ( birminghamusic.com ). In particular, we draw your attention to Clause 6 (Applicability of online materials) and 10 (Liability). You agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.
2. Nature of our website
2.1 Our website is a place for you to access and download music files which are the copyright works of those who have made them available on this website. (the ‘Music’). Our website describes the Music in more detail.
3. Modifications to website
3.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the availability of new Music shall be subject to these terms and conditions.
3.2 Please note that although we try to ensure that the content of our website is accurate, our website may contain typographical errors or other inaccuracies.
4. Information you provide to us
4.1 The following applies to any information you provide to us, for example during any downloading process.
• You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’).
• If you choose to download Music through our website then we may collect information about your user behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
• You must ensure that the Personal Information you provide is accurate and complete and (where applicable) contain your correct name, an address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
4.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at data@birminghamusic.com.
4.3 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (‘Content’):
• you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations standards and/or codes of practice;
• you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
• you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
• we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or maybe inappropriate or otherwise does not comply with the above.
4.4 You grant us a non-exclusive, irrevocable, royalty free Worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
4.5 You warrant to undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
5 Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer then to any third parties. You must notify birminghamusic.com immediately of any unauthorised use of them or breach of security regarding our website that comes to your attention.
6 Applicability of online materials
6.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
6.2 You assume total responsibility and risk for your use of our website and use of all information contained within it.
6.3 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
7. Copyright and monitoring
7.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is birminghamusic.com, its affiliate’s or other third party licensors. All product and company names and logos mentioned in our website are trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of sampling the musical compositions of the copyright holders of each musical work. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to music files, text, graphics, video, messages, codes and/or software without our prior written consent, except where expressly invited to do so.
7.2 By agreeing to these terms you are also agreeing to the online licence for birminghamusic.com music files which can be viewed here
8. Linked Sites
birminghamusic.com make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from birminghamusic.com and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that birminghamusic.com endorses or accepts any responsibility for the content, or the use of, such a website and birminghamusic.com shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
9. Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with or hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
10. Liability
10.1 We promise that for any Music file you download from our website:
• We have the right to make that music file available to you;
• The music file will be of satisfactory quality and;
We exclude all other express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any music files or any information or service provided through our website.
We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
10.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of downloading music files (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of birminghamusic.com or our servants, agents or any other person or entity.
10.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
10.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
11. General
11.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
11.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
11.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
11.4 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
11.5 birminghamusic.com will not be held liable for any failure to perform any obligation due to causes beyond our reasonable control.
11.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
11.7 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999,]
12. Notices
12.1 All notices shall be given:
• to us via e-mail at info@birminghamusic.com or by post at Birminghamusic.com, PO BOX 1060, Birmingham B1 3PQ; or
• to you at either the e-mail or postal address you provide.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
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