Fan's Terms & Conditions
Last Updated: 14/08/12 08:36
1. In General
You and Musicality TV Limited (“Musicality” “We” or “Us”) agree that your access and use of the Musicality.TV website (the “Website”), is subject to your agreement to the terms and conditions listed below which will become a binding agreement between you and Musicality (the “Agreement”). Please read these terms and conditions carefully. By continuing to use this Website you agree to these terms and conditions. If You do not agree to any of the terms and conditions You must stop using this Website now. If you have any questions about the Website or about registration please email enquiries@musicality.tv.
2. Registration
In order to gain access to the services (the "Services") offered by the Website, you will need to register as a user using your Facebook log in. You represent that all information provided by Facebook to us about You ("Registration Information") is true, accurate, complete, and current. Registration with Musicality is subject to compliance with the Musicality privacy policy that can be found elsewhere in these terms and conditions (the "Privacy Policy"). This Agreement includes the terms and conditions in the Privacy Policy. By indicating your agreement to this Agreement, you are consenting to have your personal data used by Musicality as detailed in the Privacy Policy. Either you or Musicality may terminate your user registration at any time. Upon termination of your registration as a "user", you will no longer be allowed access to the Website or the Services offered through it.
4. Age Restrictions
This Website is restricted to users who are 13 (thirteen) years or older. You should not use this Website if you are 12 (twelve) years or younger. Musicality will remove your details and you will not be allowed to access the Website if you do not meet these requirements.
5. Publishing Content
You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the Website, including without limitation, text, links, images, graphics, chat, or messages ("Content"). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights to publish such Content on the Website. You hereby acknowledge and agree that Musicality has the right to refuse to include or to remove any or all of your Content for any reason and at its sole discretion. You hereby acknowledge that Musicality will be able to disclose your Content in order to comply with law enforcement authorities or civil legal process.Musicality owns, protects and enforces its own intellectual property rights in creative material and respects the intellectual property rights of others. Materials may be made available on the Website, or via the Website, by third parties not within the control of Musicality. It is our policy not to permit materials known to infringe intellectual property rights to remain on this Website. You should notify us promptly if you believe any materials on this Website infringe the intellectual property rights of any third party. If we suspect any materials on this Website cause infringement, we will remove or disable access to the material. We will not restore such material to this Website until we are satisfied it does not cause any infringement.
You may contact us by emailing legal@musicality.tv if you believe there is an infringement of intellectual property rights. You must detail your reasons for believing such infringements exist and provide us with your contact details so we may investigate and respond to your claim. Please be aware that we will consider you falsely reporting an infringement by another user as an infringement by you.
If you engage in actual repeat infringements or repeat false claims of infringement by others we may terminate your registration and account without notice and you will no longer be permitted access to the Website or the Services.
A repeat infringement is defined by us as two or more instances where you have infringed the intellectual property rights of another person.
6. Use Of The Website And Services
The Services and the Website are available for your personal use only. Your use of any Services that provide for or facilitate commercial transactions is subject to additional terms and conditions (the Artists Terms & Conditions). Your interactions with other organizations and/or individuals found on or through the Services, including payment for delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should satisfy yourself before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with a third party including other members of the Website, you hereby release Musicality including its officers, employees or agents from any resulting claim.
7. Payment For Products
Musicality provides secure online payment services so you can purchase products safely. Artists are responsible for the delivery of products to you and enquiries you have about delivery or product specifications should be directed to the artist directly. If you wish to claim a refund please email enquiries@musicality.tv and we will acknowledge your email no later than the next UK working day. Our Refunds Policy specifies when refunds can be made and how long it will take to process them.
8. Downloading Music
If you download music files from the Web Site, you agree that: (i) Your use of music files is subject to this Agreement and any use otherwise may be considered an infringement of intellectual property rights (ii) You are authorized to use downloaded or copied music files for personal use but not any commercial use (iii) You may not combine a music file with any other file to create a multimedia work (iv) You may not store downloaded music files from this Website for use as ringtones or alerts on any communication or other electronic media device (v) downloading and copy of a music file does not transfer to you any commercial or promotional rights in the music file.
9. Anti-Piracy Device
Musicality uses an online anti-piracy device to uniquely identify each and every music file downloaded to you. This anti-piracy device routinely checks for traces of your downloaded music file on the internet and reports all instances of copying and reuse. Musicality will report infringements to the artists and other relevant authorities as we see fit.
10. Video Content
This Website is here for you to enjoy watching live and on demand video content whether premium or otherwise. You may not copy or edit such works either for your own personal use or for commercial gain as this may infringe artists and third party intellectual property rights. Paying a premium to watch video content does not give you title to any rights in the video files you watch.
11. Links To Other Web Sites
The Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in any other websites. Such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Website or the Services does not imply approval or endorsement of the linked website by us. If you decide to leave the Website and access third-party websites, you do so at your own risk.
12. Limitation Of Liability
Musicality will not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages including damages for any lost profits or lost data arising from your use of the Website or the Services even if Musicality is aware or has been advised of the possibility of such damages. Musicality does not accept any responsibility for any warranties provided by third parties for services or goods received through or advertised on this Website or received through or advertised on websites with links from this Website. This does not affect your statutory rights under English law as a consumer.
13. Indemnity
You indemnify and hold Musicality and its directors, officers, agents, contractors, partners and employees, harmless from any loss, liability, claim, or demand, including legal fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your breach of any representations or warranties made by you hereunder or your breach of any terms of this Agreement. You further indemnify Musicality, its directors, officers, agents, contractors, partners and employees harmless from any loss or action arising from your misuse of this Website or Services contrary to this Agreement.
14. Use Of The Web Site Content
All Content on the Website is the proprietary property of Musicality or its licensors (including Website users). Subject to the terms of this Agreement, no content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of Musicality or the owner of the Content. Except as set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks and logos on the Website are trademarks of Musicality or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Musicality.
15. Disclaimer Of Warranties
Musicality is not responsible for any incorrect or inaccurate Content published on the Website or in connection with the Services, including Content published by users of the Website or the Services. Musicality is not responsible for the conduct, whether online or offline, of any user of the Website. The Website and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Musicality assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or the Services. Musicality is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Website or the Services. Under no circumstances will Musicality be responsible for any loss or damage resulting from anyone's use of the Services, the Website or any Content published on the Website.
16. Governing Law
This Agreement is governed by English law and will be subject to the jurisdiction of the English courts.
17. Miscellaneous
This Agreement is the entire agreement between you and Musicality relating to your use of the Website and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on the Website and will indicate the new effective date. Your continued use of the Services or the Website after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Website. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability but the remainder of this Agreement shall continue in full force and effect. Musicality’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
18. Agreement
This agreement incorporates and includes each set of terms and conditions listed above. By continuing to use this Website You agree to all these terms and conditions. If You do not agree with them, do not use or access this Website.