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Musical Exchanges

Terms of Website Use

This page (together with the documents referred to on it) tells you the terms upon which you may make use of our website www.musicalexchanges.com ("the site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using or accessing the site.

Information about Us

www.musicalexchanges.com is a site operated by The Musical Exchanges Group Limited ("we" or “us”).  We are registered in England and Wales under company number 06645621 and have our registered office at 25 Lyall Gardens, Rubery, Birmingham, B45 9YW.  Our main trading address is 8 Field Close, Sheldon, Birmingham, B26 2NA. Our VAT number is 944 2046 36.

We are a limited company.

Accessing The Site

Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the site without notice (see below). We will not be liable if for any reason the site is unavailable at any time or for any period.

Use or membership is void where prohibited. Except where stated otherwise, this site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the site by anyone under 13 is unauthorised, unlicensed and in violation of these Terms of Use. By using the site, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Use.

In consideration of your use of the site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

From time to time, we may restrict access to some parts of the site, or our entire site, to users who have registered with us.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using the site, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to the site.  You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them. 

 

Intellectual Property Rights

Except for your own User Content (as defined below) that you legally post on the site, we are the owner or the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference and you may draw the attention of others within your organisation to material posted on the site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.

You must not use any part of the materials on the site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on Information Posted

Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.

The Site Changes Regularly

We aim to update the site regularly, and may change the content at any time. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

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 foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about You and Your Visits to The Site

We process information about you in accordance with our privacy policy By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

Transactions Concluded Through The Site

Contracts for the supply of goods or services formed through the site or as a result of visits made by you are governed by our terms and conditions of supply .

User Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (“post”) on or through the site, or transmit to or share with other users (“User Content”). You may not post, transmit, or share User Content on the site that you did not create or that you do not have permission to post. You understand and agree that we may, but are not obliged to, review the site and may delete or remove (without notice) any Users Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgement violates this agreement or the acceptable use policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

When you post User Content to the site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the site. By posting User Content to any part of the site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicence) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, or in connection with the site or the promotions thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicences of the foregoing. You may remove your User Content from the site at any time. If you choose to remove your User Content, the licence granted above will automatically expire, however you acknowledge that we may retain archived copies of your User Content. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Viruses, Hacking and Other Offences

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the 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 the site will cease immediately.

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 the site or to your downloading of any material posted on it, or on any website linked to it.

Linking to 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, but 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 from any website that is not owned by you.

The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on the site other than that set out above, please address your request to (mxpermissions@musicalexchanges.com).

Links from The Site

Where the site contains links to other sites and resources provided by third parties, these links 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. 


Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  These terms of use are governed by English law.

Variations

We may revise these terms of use 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 make, 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 the site.

Your Concerns

If you have any concerns about material which appears on the site, please contact enquiries@musicalexchanges.com.

Thank you for visiting the site.

Terms & Conditions | Privacy Policy © Musical Exchanges Group Limited 2009-2017 • All Rights Reserved