TERMS AND CONDITIONS
TMM (The Music Machine Ltd) Website (“Website”) and The Music Machine mobile Application (“App”) are operated by or on behalf of The Music Machine Ltd trading as The Music Machine. The company is registered in England and Wales - registration number 07054846. Suite 2. Brosnan House. 175 Darkes Lane. Potters Bar. England EN6 1BW.
Your use of the Website and/or App is subject to the terms and conditions set out below. Please read these terms carefully.
You may contact us at info@TheMusicMachine.co.uk
1. Intellectual Property
1.1 The intellectual property rights (including copyright and database rights) in the material, information and computer files on the Website and App are owned by or are licensed to THE MUSIC MACHINE. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.
1.2 Any unauthorised downloading, use, copying, modification or distribution of the materials may be in breach of statutory or common law rights which could be the subject of legal action.
1 .3 All rights not expressly granted are reserved by THE MUSIC MACHINE.
2. Trade Marks
2.1 Product or company names and devices, logos, icons, graphics or designs referred to on the pages of the Website and App are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner. THE MUSIC MACHINE intends no infringement of these property rights.
2.2 Any references in the Website or App to any third party products, services, companies, organisations, home pages or other Websites do not imply any endorsement, support or recommendation of the same by THE MUSIC MACHINE.
2.3 All rights not expressly granted are reserved by THE MUSIC MACHINE.
3. Contributions to this Website and Mobile Application
3.1 Where you are invited to submit any contribution to the Website and/or App (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant THE MUSIC MACHINE a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out below.
3.2 If you do not want to grant to THE MUSIC MACHINE the rights set out above, please do not submit your contribution.
3.3 Further to paragraph 3.1, by submitting your contribution to the Website and/or App, you warrant that your contribution is your own original work and that you have the right to make it available to THE MUSIC MACHINE for all the purposes specified above and;
3.3.1 is not defamatory;
3.3.2 does not infringe any law;
3.3.3 that you will indemnify THE MUSIC MACHINE against all legal fees, damages and other expenses that may be incurred by THE MUSIC MACHINE as a result of your breach of the above warranty; and
3.3.4 waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and/or App and the purposes specified above.
4. Data Protection
4.1 THE MUSIC MACHINE will not collect any personal data about you (that is your name, address, telephone number, e-mail address or other data from you which you can be unambiguously identified) ('Personal Data') unless you provide it voluntarily to THE MUSIC MACHINE. All personal data will be processed in accordance with UK Data Protection Law.
4.2 If you do not want your personal data collected, please do not submit it. If you have already submitted personal data and would like it removed from any records held by THE MUSIC MACHINE please contact us. THE MUSIC MACHINE will then use reasonable efforts to delete your information from its records.
4.3 If you provide THE MUSIC MACHINE with any personal data this information will be stored and may be used in the future for marketing purposes, market research, tracking of sales data, and in order to contact you.
4.4 When you view the Website some information may be stored on your computer. This information will be in the form of a "cookie" or similar file. Many Websites do this, because cookies enable Website publishers to do useful things like find out whether the computer (and probably its user) has visited the Website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit. Information supplied by cookies can help us to provide you with a better online user experience and assist us to analyse the profile of our visitors. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your Internet browser instructions or help screen to learn more about these functions. For more detailed information please see “Cookie Information”.
5. Third Parties
THE MUSIC MACHINE works with a number of third parties to be able to deliver content, advertising and measure Website use. Often these providers will drop cookies (as described above) to monitor how you use the Website.
6. Links
6.1 THE MUSIC MACHINE provide links from the Website to World Wide Websites operated by third parties ('Third Party Websites') Links to Third Party Websites are provided for your convenience only. THE MUSIC MACHINE is not responsible for the management and control of Third Party Websites and does not necessarily endorse, support or recommend the views expressed in such Third Party Websites.
6.2 THE MUSIC MACHINE is not responsible for the contents of other Websites or web pages which link to the Website and has no liability in respect of such other Websites or web pages. If you decide to access or purchase product from any third party Website linked to this Website, you do so entirely at your own risk.
7. Disclaimers and Limitation of Liability
7.1 THE MUSIC MACHINE Website and App are intended for users of THE MUSIC MACHINE in the United Kingdom and may not be Applicable to other jurisdictions. THE MUSIC MACHINE excludes to the fullest extent permitted by Applicable law all liability (other than liability for death or personal injury) resulting from access and use of the Website and/or App.
7.2 THE MUSIC MACHINE reserves the right, at any time, to change the materials and the terms and conditions which Apply to the use of the Website and/or App.
7.3 The Website, App and materials contained within are provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.4 No reliance should be made on any of the statements made with the Website and/or App (other than these terms and conditions) or the materials contained within or any third party Websites and THE MUSIC MACHINE excludes to the fullest extent permitted by law all liability (other than liability for death or personal injury) resulting from any such reliance.
7.5 Under no circumstances will THE MUSIC MACHINE be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this Website and/or App regardless of the form of action.
7.6 THE MUSIC MACHINE does not warrant that functions contained in the Website or App will be uninterrupted or error free, that defects will be corrected, or that the Website, App or the server that makes it available are free of viruses or bugs.
8. Restrictions of use
For the avoidance of doubt, you agree that you may not (without limitation):
8.1 Copy, “rip” or record any part of THE MUSIC MACHINE service or its content (including but not limited to tracks and images) in any way.
8.2 Reverse-engineer, decompile, disassemble, modify or create derivative works based on THE MUSIC MACHINE software.
8.3 Circumvent any technology used by THE MUSIC MACHINE to protect content accessible through THE MUSIC MACHINE service.
8.4 Rent or lease any part of THE MUSIC MACHINE service.
8.5 Use THE MUSIC MACHINE service in a way that violates the terms of this Agreement.
8.6 Circumvent any territorial restrictions applied by THE MUSIC MACHINE.
9. Fees
THE MUSIC MACHINE may add or remove any form of Registration and or Subscription and any related fee at any time.
10. Jurisdiction
10.1 These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
10.2 The Website user is responsible for compliance with any Applicable laws of the country from which they are accessing the Website.
11. Severability
If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions.