Terms of Use

Terms of Use  Last Updated June 2009


Welcome to LOVEMUSIC24.CO.UK, a social network that connects you with your local music community and the people around you. The website available at www.lovemusic24.co.uk (the Site)  is operated by [Archant Suffolk Limited]  (collectively, "us", "we", “our” or "the Company").
We are registered in England and Wales under company number 04258110 and have our registered office at Prospect House, Rouen Road, Norwich, Norfolk, NR1 1RE.
Our VAT number is             .

By using our Site (even if you are not registered), you (the “User”) 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 our site.


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 made, 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 Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.


Who may use our Site?
This Site is intended for users from the United Kingdom only.  If you are from outside of the United Kingdom we do not permit you to register or use our Site.
This Site is intended for users who are aged 16 and over.
No one under the age of 16 is allowed to register or use our Site.  If we become aware that a person under 16 has registered with our Site we will promptly remove their profile.
By using our Site, you represent and warrant (this means you are making a legal promise to us) that you are 16 and that you agree to and abide by all these Terms of Use.


Registration
If you use our Site, you agree not to mislead us or other users as to your identity and to provide complete and accurate information about you when registering on our Site.  You also agree to maintain such information and keep it up to date.
You are responsible for maintaining the security of your password and username and are fully responsible for all use of your account.


Rights in Site Content
Except for your User Generated Content we are the owner or the licensee of all intellectual property rights in our 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.
Except for User Generated Content you are not permitted to modify, copy, distribute, frame, download, screen-scrape, re-sell or re-publish any part of our Site or, material published on it.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. You must not use any content on our 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 our Site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Nothing in these Terms of Use gives you a licence or right to any intellectual property rights. If a licence is granted it is revocable at any time without notice and with or without cause.


Trademarks and Brands
‘LOVEMUSIC24.CO.UK’, ‘LOVEMUSIC24’ and associated logos and designs are trade marks or trade names of the Company. These names and marks may not be used, without the prior written consent of the Company.


Non-Commercial Use
You understand that except for paid for advertising offered by us on the Site, that the Site is available for your personal, non-commercial use only.  You may not use your profile or any other part of the Site for advertising or other commercial purposes.
All paid for advertising will be on our advertising terms and conditions available on request.
We do not sell any goods or services via our Site other than advertising space.  If you click through to a third party website via an advert on our Site you should review their terms of sale or supply before purchasing goods and services.  We have no control or responsibility for third party websites.


Prohibited Uses
You may use our Site only for lawful purposes. You may not use our Site:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  7. To harvest or collect email addresses or other contact information of other users from the Site.
  8. To use automated scripts to collect information from or otherwise interact with the Site.
  9. To obtain personal information from anyone for commercial or unlawful purposes.
  10. To register for more than one user account or have more than one profile.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Site;
    • any other users profile or account;
    • any equipment or network on which our Site is stored;
    • any software used in the provision of our Site; or
    • any equipment or network or software owned or used by any third party.

 

User Generated Content Standards
Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out below. You warrant (ie a legal promise to us) that any such contribution does comply with those standards, and you indemnify us for all losses, damages, expenses and costs that we incur as a result of that warranty not being correct.
Any material you upload to our Site will be considered non-confidential and non-proprietary (ie not owned by you), and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for the photos, profiles, messages, blogs, classifieds, information, music, video, lyrics, groups and other content that you upload, publish or display on or through the our Site, or transmit to or share with other users (collectively the "User Generated Content"). You may not post, transmit, or share User Generated Content on the Site or Service that you did not create or that you do not have permission to post.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards below or that we reasonably consider is not appropriate for our Site.
Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, vulgar offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person or business.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant (a legal promise to use) and agree that no User Generated Content submitted through your account profile or otherwise uploaded or shared by you on or through the Site will infringe the rights of any third party, including copyright, trademark, and that such content complies with our Upload Guidelines.
This is particularly important with regard to any music, video or pictures that you post on our Site.  This content is protected by copyright and you will infringe this right if you post or upload to our Site without permission or consent. 
To ensure that we respect copyright when uploading tracks or video to our Site you must ensure that you (or your band) have complied with our Upload Guidelines.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Generated Content you post or store on the Site or provide to the Company.
When you post or upload User Generated Content to our Site, you grant us an irrevocable, royalty-free, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, modify, adapt, copy, stream over the internet, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose on or in connection with the Site.


LOVEMUSIC24.CO.UK via your mobile phone
Our Site and certain services provided through our Site may be available via your mobile phone, including SMS updates.  When Our Site is accessed via a mobile it may be displayed differently and not all the content and functions will be available. .
We do not charge for accessing our Site through your phone. However, your normal network charges will still apply.
If you change your mobile number you must change your LOVEMUSIC24.CO.UK account information as soon as possible to ensure that any update messages are not sent to your old number.


Copyright Complaints
It is important that we respect the copyright owned by musicians, artists and record labels. If you believe that any material on our Site infringes upon any copyright which you own or control, you report such infringement to us in writing.
When we receive such a report, we promptly remove or disable access to the allegedly infringing material and will issue a warning to the user who has posted the infringing material.  
If you have uploaded User Generated Content on more than two separate occasions  which we have had to remove, your profile will be deleted without notice and you will not be permitted to re-register on our Site.


Linking to our 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.
Our Site must not be framed on any other site, nor may you create a link to any part of our 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 these Terms and Conditions.
If you wish to make any use of material on our site other than that set out above, please address your request to info@lovemusic24.co.uk.


Links from our Site
Where our 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.


Classifieds
The classified service is for use by personal individuals only.  You are not permitted to use this service for commercial, business or other trading purposes.  This means your business can not advertise products in the classified listings.
We expect you to make fair use of the classified section You are not permitted to post more than 2 classified listings per calendar week. 
We reserve the right to remove any classified listings at our sole discretion that do not comply with these Terms of Use.
Use of our classified service is at your own risk. If you are selling, buying or otherwise using our classified service your are solely responsible for all interactions with other users, including payment, delivery or any relationship entered into through our classified service. You acknowledge that we are not responsible or liable for any action or inaction of any party to a transaction, or relationship formed through our classified service.


Privacy
We care about the privacy of our users. Click here to view our Privacy Policy.


Disclaimers
We can not and do not control what users post, upload or share on our Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter using our Site.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons and we make no warranty (ie we make no guarantees or promises) as to reliability of the Site.  We can not promise and do not warrant that our Site or anything included or available from it is error-free or that the Site or its servers are free of viruses.


Limitation on Liability
All material and User Generate Content displayed on our 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 our Site or in connection with the use, inability to use, or results of the use of our 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.


Termination
We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our Site. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate including but not limited to: 

  • Immediate, temporary or permanent withdrawal of your right to use our Site and/or deletion of your profile
  • Immediate, temporary or permanent removal of any User Generated Content, posting or material uploaded by you to our site.
  • Issue you with a warning.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.


Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our 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 and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


Dispute Resolution
If the dispute is not resolved in such meeting, the dispute shall be referred to mediation and the mediator shall be appointed by the Centre for Dispute Resolution.

If no mediation takes place within 28 days of the referral then the matter shall be referred to an expert, to be appointed, in default of agreement, on the request of either party to the President of the British Computer Society. He or she shall act as an independent expert and not as an arbitrator and his or her decision (including as to costs) shall, except in the case of manifest error, be final and binding upon the you and us


Feedback
Any suggestions, ideas, feedback or other information about the Site submitted by you to us are non-confidential and shall belong to us. We shall own all intellectual property rights in such submissions and you will, if we require, provide us with reasonable assistance to perfect our title in this. You agree that you will not be acknowledged or compensated or paid for your submissions or anything derived from them.


General Terms
These Terms of Use, the Upload Guidelines and the Privacy Policy constitute the entire agreement (“Agreement”) between you and us regarding the use of the Site. Our failure of to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of the Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect. If any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from of the Agreement and shall not affect the validity and enforceability of any remaining provisions.


Your Concerns
If you have any concerns about material which appears on our site, please contact info@lovemusic24.co.uk.

Thank you for visiting our site.