In the terms and conditions set out below, the
following words and expressions shall have the following meanings:
"MusicBizList, Our, Us or We"
means MusicBizList, a trademark of Senica
and Our affiliates.
"You,Your or Yourself"
means you, the person specified as the user in the
registration form.
"Site"
means Our internet website located at www.MusicBizList.com and maintained by Us or Our agents and/or
such other websites as We may notify You from time to time.
"Information"
means the database accessible via the Site and
each and every piece of information provided through the Information Services,
including photographs and sound clips. Information means one or more of the
information services provided on or via the Site.
"Agreement"
means the agreement between You and Us
incorporating these terms and conditions for the provision of the Information
Services.
"Post"
means displaying, exhibiting, publishing,
distributing, transmitting or disclosing information on Our Information
Services, and the phrases "Posted" and "Posting" shall be construed
accordingly.
"User name and Password"
the user name, in this case, Your email address and password included on Your
registration form, which is used by You to access the Site and Information
Services.
"Subscription Services"
certain Information Services which You must
subscribe and pay a fee to view or use.
"Liability"
means liability for any and all damages, claims,
proceedings, actions, awards, expenses, costs and any other losses and/or
liabilities.
By accessing the Site or registering on the Site,
You accept in full, the terms and conditions set out below in Your use of Our
Site and Information Services. This is a legally binding Agreement between You
and us, to the exclusion of any other terms and conditions, and shall replace
any terms and conditions previously notified to you. We reserve the right to
vary these terms and conditions at any time. If You do not understand any part
of this Agreement, please email Us.
Registration in your own region is currently free
but there are some Subscription Services if you wish to register in additional
regions. Our tariffs can be found in the Upgrade to full member section
of the Site and prices are inclusive of any applicable tax.
Payments can be made in GBP, USD or EUR.
Any applicable banking charges shall be borne by Us.
Refunds will be given at Our discretion.
You are responsible for all use of the Site and
the Information Services made using Your email user name and password, whether
or not the use is made by You or someone else using Your email user name and
password. You are responsible for protecting and securing Your User name and
Password from unauthorised use.
Your Information will be displayed on the Site for
your own advertising purposes and You are responsible for uploading the
information correctly and for the accuracy of any dates or information
necessary for Us to perform the Information Services. MusicBizList will
endeavour to comply with the Data Protection Act 1998. All personal information
You supply to Us will be treated in accordance with that Act. We will collect
and use Your personal information in order to operate, enhance and provide to
You the Information Services You have requested. We will not pass Your personal
information on to any other person, only where it is necessary to enable Us to
provide You with the Information Services You request from us.
You acknowledge that any information Posted by You
on this Site can be accessible by other users. By allowing You to post
information on the Site, You hereby grant Us worldwide non-exclusive licence to
use, copy, distribute, publish and transmit such information (including, without limitation, archiving and making available such
information or statement as part of the Information Services).
By placing Information on the Site You agree to
abide by these terms and conditions, and You shall not post: (i) any
information which is objectionable including, without limitation, information
which is defamatory, obscene, threatening or in breach of any applicable laws,
rules or regulations; (ii) any information which is in breach of any person's
rights (including without limitation, copyright and confidentiality); (iii) any
information or software which contains a virus, cancelbot, Trojan horse, worm
or is otherwise harmful to the integrity of the Site or other users.
We do not monitor, approve, endorse or exert
editorial control over information you post on the Site and therefore do not
accept responsibility for, or make any warranties in connection with such
information. You bear all risks from posting information or results of
uploading material to the site and from using any Information or Information
Service. We, however, reserve the right to monitor and remove any information
from the Site without warning if You are in breach of section 8, and to inform
and give assistance to any investigative or regulatory body in respect of any
content posted on the Site.
All intellectual property rights including without
limitation all patents, copyright, design rights (whether registered or
unregistered), trade marks (whether registered or unregistered) and other
similar rights pertaining to the Site shall be owned by Us. Unauthorised
reproduction of the contents of this site is strictly prohibited.
We reserve the right to change the content,
presentation, performance, user facilities and availability of any part of the
Site at Our sole discretion without prior notification. We do not warrant any
connection, availability or uninterrupted use of the Site.
Either party may terminate this Agreement at any
time, for any reason. You may terminate this Agreement by contacting Us by
using the 'contact us' link below stating
User Name, Password, and the reason(s) why You wish to terminate this
Agreement. We will remove Your details from the Site within 14 working days of
confirmation of receipt of Your email. We may terminate this Agreement and
deactivate Your User name and Password with immediate effect, without prior
notice or warning if You are in breach of this Agreement.
These terms and conditions, and the rights and
obligations contained herein are personal to You and may not be assigned,
licensed or transferred by you. On providing You with reasonable notice, We
reserve the right to assign or transfer its rights and obligations under this
Agreement to: (i) an appropriate company which is a subsidiary or holding
company of Senica (subsidiary and holding companies have the meaning ascribed
to them by Sections 736 and 736A of the Companies Act 1985); or (ii) any
appropriate third party engaged in the provision of information services
similar to those provided by us.
We do not accept any liability (whether in
contract or tort) for any losses, costs or damages resulting from changes to the
content, presentation, performance and user facilities of the site or related to
use of, or inability to use the Site or any of the Information Services to the
fullest extent to which such liability may be excluded or avoided by law and in
no event shall We be liable to You for indirect, incidental, special, punitive
or consequential damages arising out of or in relation to the Site or from the
provision of the Information Services. We make no warranty that the Site and
the Information Services are free from infection by viruses or anything else
that has contaminating or destructive properties.
You irrevocably indemnify Us from and against any
and all losses, damages and costs suffered or incurred by you of whatsoever
nature arising out of or in connection with Your use, provision or distribution
of Information, the Site, the Information Services or any part thereof or
otherwise howsoever arising in relation to any breach of these terms and
conditions by you.
All disputes arising from or in connection with
this Agreement shall be subject to the non-exclusive jurisdiction of the
English Courts.
Any notice from Us to You may be delivered by
email. Evidence of posting shall be taken as evidence of delivery. A person who
is not a party to this Agreement has no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any of the terms and conditions in this
Agreement. If any provision in these terms and conditions is held to be illegal
or unenforceable, the validity and enforceability of the remainder shall
continue in full force and effect. Failure by either party to exercise any
right or remedy under this Agreement does not constitute a waiver of that right
or remedy. All disclaimers, indemnities and exclusions in these terms and
conditions shall survive termination of this Agreement. Neither You nor We
shall be held liable for any loss or failure to perform any obligation
hereunder due to causes beyond Your or their respective reasonable control.
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