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Terms and Conditions
1. Introduction: This Agreement
is a legal document which sets out your rights and obligations, and those of Ing4Music.com,
in relation to this site and the services offered by Ing4Music.com through it (“the
ING4Music.com Service). By registering
for the Ing4Music.com Service you agree to the terms of this Agreement and you re-affirm
that Agreement every time you use it.
Visitors to the Ing4Music.com Service who do not register to become Members (See
2 below) similarly affirm that they are bound by the Agreement each time they access
the Ing4Music.Com Service. You should
be aware that this Agreement may change from time to time in accordance with Clause
22 below.
2. Membership: People who register
for the Ing4Music.com Service become Members.
They must be at least 18 years of age.
Membership is free and entitles Members to the following facilities:
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Create their own personal profile pages.
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They will be able to upload their own music, pictures and videos
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Post messages on any message boards which may be available through the Ing4Music.com
Service
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Take advantage of the shop facilities
If you decide to become a Member, you are agreeing to take the membership that we
will make available to you shortly.
Please note that we reserve the right to charge a fee for membership in the future. Your membership will continue until
terminated by you or us.
3. Registration:
You undertake to register for the Ing4Music.com Service using accurate and current
information about yourself. This includes
your correct name, address, band name and any other requested details.
4. Shop:
a. Your contract for purchases made through this site is with
Ing4Music.com and you undertake that any or all
goods ordered by you are
for your own private and domestic use only.
b. You must be 18 years old to use this site; if you are under 18 you may
only use the site in conjunction with and under the supervision of
a parent or guardian. If you
do not qualify please do not use this site.
c. While we try and ensure that all prices on our website are accurate errors
may occur. If we discover an error
in the price of goods you have ordered, we will inform you as soon as possible and
give you the option of reconfirming
your order at the correct price, or cancelling it. If we are unable to contact you
we will take your order as cancelled.
If you cancel and you
have already paid for the goods you will receive a full refund.
d. No contract for the sale of any products will subsist between you and
Ing4Music.com until the product ordered has
been dispatched. We will confirm that the product has been dispatched by a confirmation e-mail, this confirmation
email amounts to an acceptance
by Ing4Music.com of your offer to buy goods from Ing4Music.com
or a third party supplier who is engaged on your behalf by Ing4Music.com
(whether or not you receive that e-mail).
e. You agree that e-mail can be used as a long distance means of
communication.
f. This confirmatory e-mail will contain all relevant statutory information
concerning your contract.
g. The confirmatory e-mail will also contain a link to these terms and conditions and may be
amended in accordance with paragraph h
below from time to time.
h. You may not permit, create unauthorised framing of or deep linking
to this site, or the creation of derivative works
thereof from any other website under your management or control.
I. You must check that the details on this confirmatory e-mail are correct
as soon as possible and you should
print out and keep a copy of it.
j. Ing4Music.com will not pass on your personal or credit or debit card
details to any third party except where an additional security check may be deemed
necessary. We shall be entitled to
process your data in accordance
with the terms of our Privacy Policy,
please view this document for further information.
k. You undertake that all details you provide to Ing4Music.com for the
purpose of ordering or purchasing goods or services are correct, that the credit
or debit card that you are using is your own, and that there
are sufficient funds to cover the cost of the goods
or services ordered.
l. You must choose a username and password on completion of
registration, you are responsible for all actions
taken under that username and password and shall only use the site under your own
username and password. You must make every effort to keep your
password safe and should not disclose it to anyone.
If it is compromised you must change
it, you may not transfer or sell your username to anyone, nor permit either indirectly
or directly anyone to use your username
or password.
m. If there are any changes to the details supplied by you it is your responsibility
to inform Ing4Music.com as soon as possible.
n. All purchases are non exchangeable, non refundable and non
transferable.
o. You may cancel your order at any time prior to your order being processed
by clicking on the “cancel” link next to the product ordered
on your account page on the website.
5. Privacy Policy: Ing4Music.com’s Privacy Policy forms part of the Agreement and by
agreeing to this Agreement you also give your consent to the way that we may handle
your personal data in the policy. Given
the global nature of the World Wide Web, any posting of the Ing4Music.com Service
(including any which contain personal information) is, of course, accessible to
internet users around the world. Click on the words “Privacy Policy” above for your
link to it.
6. Ing4Music.com’s
Limited Role:
Whether you are a Member of a visitor you acknowledge that we are not and cannot
be held responsible for the behaviour of our Members or visitors.
We only provide a facility for the bands and members registered and displayed
on the website and whose details may be accessed.
In particular, you should be aware that Ing4Music.com does not pre-screen
or monitor the material contributed by Members.
7. Additional Services: Ing4Music.com or its associates may offer
new or additional services through the In4Music.com Service from time to time. Your use of those services maybe subject
to additional terms and conditions, or rules of use, with which you must comply. Provided that those terms or rules are
notified to you on the Ing4Music.com Service in an appropriate manner (as we reasonably
determine), any failure by you to comply with the material provision of the terms
or rules governing those services will amount to a breach of the Agreement.
8. Conduct of Ing4Music.com Services:
Ing4Musice.com reserves the right to withdraw or modify anyone or more aspects of
the Ing4Music.com Service where we have legal or technical reasons to do so (including
technical difficulties experienced by us, or on the internet).
There may also be times when the Ing4Music.com Service becomes unavailable
whether on a scheduled or unscheduled basis.
For security or other reasons we may require you to change your password or other
information which facilitates access to the Ing4Music.com Service.
9. Misuse of Ing4Music.com Service:
we reserve the right (a) to suspend or terminate any Members access to the Ing4Music.com
Service, or part of it and/or (b) to edit or require the Member to edit material
posted on the Ing4Music.com Service, if the relevant Member or material appears
to us to be in breach of any provision of this Agreement or to be immoral illegal
or unlawful. Any person whose access
has been suspended or terminated must not re-register, or re-access, the Ing4Music.com
Service without our prior consent.
You are responsible for everything which is done on or through the Ing4Music.com
Service while you are registered with us as a Member.
10. Liability: To the fullest
extent permitted by law, Ing4Music.com is providing this site and its contents on
an “as is” basis and makes no (and expressly disclaims all) representations or warranties
of any kind, express or implied, with respect to this site or the information, content
materials or products included in this site including without limitation, warranties
of merchantability and fitness for a particular purpose.
In addition Ing4Music.com does not represent or warrant that the information
accessible via this site is accurate, complete or current.
11. Prohibitions: you are responsible
for ensuring that no material you post, or which is posted through a machine on
which you access the Ing4Music.com Service, nor any activity or communication you
make in connection with any Ing4Music.com Service, will be capable of (a) infringing
the intellectual property or other rights of any person or entity; (b) breaching
any applicable law, whether criminal, tortious or otherwise, or (c) appearing to
be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
12. Alerting Ing4Music.com:
if you see anything on the Ing4Music.com Service which appears to infringe this
Agreement please notify us by sending us an email, we do not generally monitor material
contributed by Members before it is placed on the Ing4Music.com Service, and so
we rely upon users to point out any infringements or possible infringements of this
Agreement.
13. In the unlikely event that you
receive goods which were not what you ordered or which are damaged or defective,
or are of a different quantity to that stated on your order form, Ing4Music.com
shall at its own option make good any shortage or non delivery, replace or repair
any damaged or defective goods or refund to you the amount you paid for the goods
in question PROVIDED THAT you notify Ing4Music.com in writing at the address stated
in the confirmation email within 10 working days of delivery of the goods.
Nothing in this clause affects your statutory rights.
14. Delivery/Title/Risk: The
period stated within which you will receive your order is approximate.
Goods will be sent to the address given by you in your order, and stated
in the order confirmation. Please note
that your goods may be sent to you in instalments.
15. Title to any product ordered will
pass to you once Ing4Music.com has received payment in full for that product. Risk in any product ordered will pass
upon delivery to you.
16. If your delivery address is outside
of the
United
Kingdomyou may be subject to Import Duties and Taxes which are levied once
a shipment reaches your country. Any
such additional charges for Customs clearance must be borne by you.
17. We shall have no liability to you
for any delay in the delivery of products ordered, or any other matters to the extent
that the delay is due to any event outside our reasonable control, including but
not limited to acts of God, War Flood fire labour disputes strikes lockouts riots
civil commotion militias damage explosion governmental actions and any other similar
events.
18. We shall have no liability (including
liability for negligence) for the acts or omissions of telecommunications service
providers, or for failures of or faults in their networks and equipment.
19. Withdrawal of Material and Termination of Membership: Every Member acknowledges that we are entitled to withdraw any material
on the Ing4Music.com Service which appears to be capable of breaching any part of
this Agreement, or to bring Ing4Music.com Service into disrepute, whether our decision
to do so is based upon information received from Members or others or by our own
determination. Each Member user and
visitor acknowledges that we do not monitor material which appears on the Ing4Music.com
Service, and that we are reliant upon you and all members and visitors to notify
us of anything you see here which appears likely to breach this Agreement, using
the notification facilities which are made available on the Ing4Music.com Service.
20. Termination of Membership:
You can resign membership at any time.
We reserve the right to terminate your membership at any time without giving reasons
for doing so.
21. Disclaimer and Release:
Ing4Music.com has no control over or responsibility for the truth or accuracy of
any material on the Ing4Music.com Service, whether provided by Members of others.
Please note:
(a) If any third party sites are linked
to or from the Ing4Music.com Service this does not mean that we endorse or have
any responsibility for the site in question or anything which appears on it
(b) You should exercise no lesser degree
of caution in appraising what you see on the Ing4Music.com Service than you do offline.
(c) Even though Members are prohibited
from doing so, people may provide information or otherwise behave in a way that
is unreliable, misleading or illegal.
Furthermore you should always be aware that people may not necessarily be who they
say they are
(d) Your use for the Ing4Music.com
Service is entirely at your own risk.
According to the extent of the law permits you release Ing4Music.com its director,
contractors and advisors and employees from all liability arising out of or in connection
with the Ing4Music.com Service and the material included here by Members and third
parties.
22. Intellectual Property: You
acknowledge that all copyright, trademarks and other intellectual property rights
in and relating to the Ing4Music.com Service (including the written material which
is contributed by Members) are owned by Ing4Music.com.
No one may copy, distribute, show in public or create any derivative work
from the Ing4Music.com Service, or any of the material which is found on the Ing4Music.com
Service unless properly licensed to do so by us.
By submitting any songs to the Ing4Music.com Service you are:
(I) Representing that you are fully entitled to do so; (ii)Granting us a non exclusive,
royalty free, non-terminable license right to distribute the works and show in public
both in full in part anywhere; (iii) authorising us to do so and so waiving your
moral and legal rights to object to any derogatory treatment, or to be indentified
as the author of the material in question; (iv) Warranting that by uploading any
music on our site and by permitting us to make such music available on the site
neither Ing4Music.com nor you will be in breach of any third parties intellectual
property rights.
23. Excluded Loss: We will not
be liable to you or any third party for any indirect or consequential loss or damage,
or for any loss of data, profit, revenue or business, (whether arising out of any
negligence or breach of this Agreement or otherwise) Ing4Music.com will also not
be liable for any failure to perform its obligation sunder this Agreement caused
by matters beyond its reasonable control.
24. Maximum Liability: Without
limiting the proceeding clause, during any period of one month the aggregate liability
of Ing4Music.com under this Agreement (whether arising in negligence or otherwise)
will not under any circumstances exceed the great of (1) £2.00 or (2) an amount
equal to the sum paid by you to us by way of Membership fees during the relevant
period of one month, regardless of the cause or form of action.
25. Non-excluded Liabilities
– Nothing in this Agreement limits Ing4Music.com’s liability for death or personal
injury resulting from negligence or any other liability which may not by law be
excluded. Any statutory rights you
may have as a consumer remain unaffected.
26. Indemnity: You agree to
indemnify us against all liabilities, claims and expenses that may arise from any
breach of this Agreement by you or through a machine on which you access the Ing4Music.com
Service.
27. Assignment: We reserve the
right to assign this Agreement, and to assign our subcontract any or all of our
rights and obligations under this Agreement.
You may not without the written consent of Ing4Music.com assign or dispose of this
Agreement.
28. Entire Agreement: This Agreement
includes our Privacy Policy. Together
they contain the whole of the Agreement between us and you concerning the Ing4Music.com
Service and they replace all earlier agreements and understandings with you. Any person who is not a party to this
Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to
rely upon or enforce any term of this Agreement.
29. Changes to this Agreement:
Ing4Music.com reserves the right to change this Agreement from time to time, and
post the new version on the Ing4Music com Service.
When we do so, we will notify you of the fact that there are changed terms
on the main screen (www.Ing4Music.com) and
the new version of these terms and conditions will take effect and will govern all
Ing4Music.com Services and your relationship with Ing4Music.com ; either
(a) Commencing four weeks after the date of posting (or such later date as Ing4Music.com
indicates in the relevant posting), if any of the changes is to be an operative
provision of the Agreement which capable of adversely affecting you; if you do not
wish to be governed by the new version of the Agreement, you may notify us on or
before the date when the new version is to take effect, and from that date you must
stop using the Ing4Music.com Service; or
Immediately upon the date of posting (or such later date as Ing4Music.com indicates
in the relevant posting), if the changes are not to operative provisions.
Or are not capable of adversely affecting you.
An example of such a change would be a change of e-mail address referred
to in this Agreement.
30. Severability: In the event
that any term of this Agreement is held to be invalid or unenforceable by judicial
decree or decision, the remainder of this Agreement shall remain valid and enforceable.
31. Governing Law: This Agreement shall be governed by and construed in accordance with
the Laws of England and
Wales
.
32. You can contact us by post at the
following address:
84 Chaucer
Road
Gillingham
Kent
ME7 5LY
If you wish to pay cheque please make the cheque payable to Ing4Music and send it
to the above address please make sure you include your email address with all correspondence.
You may also contact us by email atjulian@Ing4Music.com
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