WEBSITE USER TERMS AND CONDITIONS – MUSICIAN ON A MISSION
Version 2 – 120321
ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE SITE AT www.musicianonamission.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT (“Agreement“).
1. Contracting parties. The Site, together with all content, data and other materials contained therein (“Content”) are owned or controlled by Mayley Digital Limited, a company incorporated in England with its registered office at Kemp House, 160 City Road, London EC1V 2NX, UK. Mayley Digital Limited is referred to in these terms and conditions as “we”, “us”, “our” or “Company”. When you register with (or otherwise access) the Site, you are contracting with Company. You must be at least 14 years old to register (and, if you are under 18, you should obtain the permission of your parent/guardian to register with the Service).
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone else to gain access to any secured area of the Site; and to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via [email protected] and we will close your account as quickly as possible. Please note that you will be responsible to Company and to others for all activity that occurs under your registration account.
3. The “Musician On A Mission” Service. Company is an online service that offers online courses, education tools, masterclasses (“Products”) and other content related to music production and media technology (“Service”).
4. Purchasing Courses and other Products. The process for purchasing courses and other Products, and all prices, are as set out from time to time on the relevant pages of the Site. Each step of the process allows you to check and amend any errors before submitting the order, and it is your responsibility to check that you have used the ordering process correctly. A binding contract for sale and purchase will be formed between you and Company only when you receive an email from us confirming the order (an “Order Confirmation”). You will receive the order Confirmation within a reasonable time after making the purchase, but in any event not later than the delivery of the Product(s) or commencement of the services for such Product(s). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you.
5. Prices. Please note that prices and availability are subject to change by posting new prices or notification of availability at any time. If we discover an error in any stated price for any product or service 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 that order. If we are unable to contact you we will treat the order as cancelled (and where applicable provide a refund to the card used for payment). All prices are inclusive of any applicable VAT (or sales tax) unless otherwise stated. Please note that use of the Service via the Site may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges. Use of the Site is limited solely to your own personal, non-commercial purposes. Any price quotation provided by Company is valid for a maximum period of seven (7) days from its date, unless we expressly withdraw it at an earlier time.
6. Payments. Payments may be by credit or debit card using Visa, MasterCard, Maestro or American Express (or by PayPal). All purchases and orders will be charged immediately. Credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order nor are we not obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to your and that there are sufficient funds or credit available to cover the charges. By placing any order for products or services via the Site, you warrant that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement.
7. Refunds. Please note that there is no legal refund right for online services and/or downloadable goods once the product has been accessed. If you have not yet logged into the members area and started the program, you have 14 days to request a refund. This is the only circumstance in which you are eligible for a refund. Once you have accessed the members area and therefore used the product, Company is under no legal obligation to offer a refund. Company shall not be held responsible for any provision of service or any other delivery that is incompatible with your operating system or other problems specific to your device. If you are in doubt as to whether or not the Service is suitable for your requirements, please carefully evaluate the Service before purchasing any subscription or other product. If you are still unsure, you may contact us via [email protected] for further information. Nothing herein affects your statutory rights.
8. Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and/or Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free from defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Company or its licensors, unless otherwise stated, own or control all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
9. Code of User Conduct. You agree to obey all applicable laws in using the Site, and agree that you are responsible for the content and/or communications you send to or initiate via the Site. You agree that you are responsible for everything that you post or transmit to or in relation to the Site and you agree (in relation to the Site):
– not to participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
– not to abuse other Users or anyone else;
– not to use the Site to engage in any commercial activities not approved in writing by Company;
– not to publish your own (non-Company) contact details or those of anyone else;
– not to register more than one account for yourself or anyone else;
– not to upload content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
– not to upload content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
– not to upload anything that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation or that includes links to commercial services or web sites or that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law or that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
– not to contact anyone who has asked not to be contacted;
– not to “stalk” or otherwise harass any other User;
– not to collect personal data about other users for commercial or unlawful purposes;
– not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Company;
– not to post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
– not to attempt to gain unauthorized access to Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site.
10. No Endorsement of Third Party or User Content. We do not always pre-screen or monitor content and therefore we do not endorse (and we expressly disclaim any and all liability in connection with) any Content or any other materials uploaded or exhibited by any User or other third party. We reserve the right to remove any content of any kind that, in our judgement, does not comply with this Agreement, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
11. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found), or if you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via [email protected] (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply). Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
12. Termination of this Agreement. Company may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You acknowledge that we have the right, at our sole discretion, to terminate your account, or limit or deny access to the Site, or limit the amount of storage space, bandwidth, or other resources you may use. We further reserve the right to terminate any User account with no prior notice to you, including the deletion of any content associated therewith, if the account has been inactive for more than six (6) months.
13. Liability. You agree that the liability of Company to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, GB£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Company.
14. Warranties. To the extent permitted under applicable law in your territory, all Company products and services are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, Company, as well as any provider, makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Service will be effective, accurate or reliable; or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties’ websites to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects. The use of the Service or the downloading or other acquisition of any materials or content through the Service or through third parties’ or provider’s websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities.
15. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by Company, including without limitation legal fees, arising from any breach by you of any warranty or other term hereunder or your misuse of any material or information obtained through the Site or the Content.
16. Trade Marks. The brands, products and service names used in the Site and the Content (including without limitation, “Musician on a Mission”) are trademarks or trade names of Company or its trading partners unless otherwise stated.
17. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or the Content or otherwise attempts to defraud Company or any other parties through your use of the Site or the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
18. No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
19. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
20. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
21. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
22. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
23. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
24. Contacting Us. If you have any questions, please contact us at the following address: Mayley Digital Limited, Kemp House, 160 City Road, London EC1V 2NX, UK, or email us via [email protected].