VERSION 1 – 27.01.2015
This disclaimer details our obligations to you regarding our website and form part of the agreement between you and us. Please read this disclaimer in full before you use the website. Your accessing of the website indicates your understanding, agreement to and acceptance, of the disclaimer and the full terms and conditions contained herein. We do occasionally update this disclaimer so please refer back to them in the future. Your statutory consumer rights are in no way affected by this agreement.
“We”, “us” and “our” means the Music Vine Limited (company registration number 09234137) whose registered office is at 110 Main Road, Hundleby, Spilsby, Lincolnshire PE23 5LZ.
“You” and “your” means the user.
“Website” means www.musicvine.net.
1. Use of Website
- You are permitted to use our website for your own purposes and to download material from the website provided that you do not modify any content without our consent. Material on the website must not be republished online or offline without our permission.
- The copyright and other intellectual property rights in all material on the website are owned by us or our licensors and must not be reproduced without our prior consent.
- Subject to paragraph 1.1, no part of the website may be reproduced without our prior written permission.
- Your use of any information or materials on the website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the website meet your specific requirements.
2. User Conduct & Privacy
2.2 We use IP addresses to analyse trends, administer the website, track your movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only by us on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your express written consent.
2.3 When using the website you shall not post or send to or from the website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.
3. Website Uptime
We take all reasonable steps to ensure that the website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if the website is unavailable at any time.
4.1 We do not store debit/credit card information; all payments are dealt with by our very secure online payment gateways, PayPal and Stripe.
4.2 You confirm that the debit/credit card used is your own. All card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your card refused to authorise the payment, or us or our authorised agents are unable to contact your card issuer, we will not be liable for any delay or non-delivery and we are no obliged to inform you of such refusal. We are not responsible for your card issuer or bank charging you as a result of our processing your card payment. You further confirm that all account details supplied by you when you order goods and true and accurate so please double check them before paying.
If you are dissatisfied with any service and/or product you have obtained from us, please get in touch with us by email at email@example.com within 48 hours of receiving the service/download and let us know the issue. We will then decide what the best course of action should be to resolve the problem.
6. Proprietary Rights
Your use of the website does not grant you any ownership or interest in any content, code, data or materials you may access on or through the website or any intellectual property rights subsisting any content, code, data or materials you may access on or through the same.
7. Links To Third Party Websites
7.1 Any links to third party websites located on the website are provided for your convenience only. We have not reviewed each third party website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage you to be aware of when they leave our site and to read the privacy statements and terms and conditions of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
7.2 If you would like to link to the website, you may only do so on the basis that you link to, but do not replicate, any page on the website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us. We reserve our right to insist that any link to the website be discontinued, and to revoke your right to link to the website from any other website at any time upon written notice to you.
7.3 If you choose to link to our website in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
8. Copyright Policy
We respect the intellectual property of others. If you believe that your copyrighted work has been used in way that constitutes copyright infringement and is accessible on this site, you may notify us. In order for us to investigate your claim you must provide the following information when providing notice of the claimed copyright infringement:
- a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party “in good faith believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law”; and
- a statement that the “information in the notification is accurate,” and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
The above information must be submitted in writing to us at our registered office. We will use reasonable care in investigating all claims which are made and include the information set out above.
9. Intellectual Property Notice
9.1 Copyrights, trademarks and other relevant intellectual property rights exist on all pages relating to our services and the full content of the website. Our logo is a registered trademark in the United Kingdom. Our brand name is trademarked. At times, other intellectual property owned by other entities may be hosted on this site. You agree that you are not to use any of this intellectual property without the express written consent of the intellectual property rights holder.
9.2 Nothing contained on the website should be construed as granting expressly or by implication any license or right to use any trademark displayed on the website without our written permission or the third party that may own the applicable trademark/intellectual property.
10. Exclusion of Liability
We take reasonable steps to ensure that the information on the website is correct. However, we do not guarantee the correctness or completeness of material on the website and to the fullest extent permitted by law we hereby exclude all representations and warranties in respect of such material. Neither we nor any other party (whether or not involved in producing, maintaining or delivering the website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs (whether of a hardware, software or other nature) and, without limitation, any other direct, indirect, consequential or business loss.
11. Force Majeure
Neither you nor us shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including (but not limited to) any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made disaster outside of the control of either you or us, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If you or we are affected by such event they shall forthwith inform the other of the same and shall use all reasonable efforts to comply with the terms and conditions of any agreement.
12. Law and Jurisdiction
This disclaimer and the use of the website shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with the website and/or the disclaimer are subject to the exclusive jurisdiction of England and Wales.
13. Notification of Changes
Failure of either you or us to insist upon strict performance of any provision of this or any agreement or the failure of either you or us to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both you and us.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, directors, officers, employees advisers, lenders and investors harmless from and against any and all liability and costs, including reasonable professional fees incurred by such parties, in connection with or arising out of your (a) violation or breach of any term of this disclaimer and the terms and conditions of use or any law, regulation, policy or guideline applicable to the use of the website, (b) violation of any rights of any third party, (c) use or misuse of the services provided by us or (d) use or misuse of the website.