Find Musicians Available and Musicians Wanted!

Find a Musician Terms and Conditions
(including Privacy Policy)

(1)        Introduction

These Terms and Conditions govern your use of the website www.find-a-musician.com (the website) whether or not you register to become a member of the website; by using the website, you accept these Terms and Conditions in full. These Terms and Conditions also include our Privacy Policy. If you disagree with any part of these Terms and Conditions, do not use the website.

 

(2)        Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all our intellectual property rights are reserved.

 

(3)        Licence to use website          

You may view, download for caching purposes only, and print pages from the website, provided that:

(a)        you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;

(b)        you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the website or material on the website for a commercial purpose, without our express written consent;

 

(4)        Copyright Policy

You may not upload to the website any material for which you do not hold the copyrights, trademarks or written consent(s) of the owner(s), or any material that infringes on the copyrights or trademarks of others.

 

(5)        Types of Membership

People who register on the website become "Members". You must be 18 or over or represented by someone 18 or over to register on the website. Find-a-musician.com has two levels of Membership. "Fully Subscribed Members" and "Basic Members”. As well as being able to browse the website like any visitor to it, Basic Members may:

• enter their name, email address and other details of their band or themselves which appear on the website and which may be updated at any time;
• receive automated emails when another Member contacts them;
• contact other Members and reply to other Members;
• upload images;
• view other Basic Members' and Fully Subscribed Members' details as displayed on the site.

In addition to the facilities available to Basic Members, Fully Subscribed Members may:

• keep their account even if they haven't signed in for four months;
• be able to save favourite bands and musicians to favourites to be viewed at any time;
• have a sent message folder;
• keep sent and received messages indefinitely;
• upload an MP3 demo;
• use advanced search features.

 

(6)        Fees

Where Fees are paid for Fully Subscribed Membership, all Fees are non-refundable. If you wish to cancel your membership or your subscription you may do so at any time. If you choose to cancel your subscription but not your membership, your subscription remains active until your next subscription would normally be due. Please note that we reserve the right to alter the amount of any Fees, the period which they cover or the services made available to you.

 

(7)        Limitations of liability

You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

You acknowledge that it would be unreasonable to hold us liable or responsible for the behaviour of other Members or users of the website either on or outside the website. We do not pre-screen or monitor any material placed on the website by Members.

You acknowledge that you are solely responsible for your behaviour on the website and your interactions with other Members of the website. We have no obligation to monitor disputes between Members but we reserve the right to do so.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

You acknowledge that even though prohibited by the website, certain Members may behave in a manor that is misleading or illegal. Furthermore, you should be aware that people might not be who they claim to be. You should exercise the same caution on the website as you do offline.

You acknowledge that you use the website entirely at your own risk.

You acknowledge that it would be unreasonable to hold us responsible should the website or its services become unavailable due to technical difficulties with the website or the hosting company.

We do not endorse any third party sites that are linked to from the website nor do we have any responsibility for their content. Furthermore, we are not responsible for the Terms and Conditions or the privacy policies of any such sites.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law.  We will not be liable for any direct, indirect or consequential loss or damage arising under these Terms and Conditions or in connection with the website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

However, nothing in these Terms and Conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

 

(8)        Restricted access

Access to certain areas of the website is restricted.  We reserve the right to restrict access to other areas of the website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of the website or other content or services, you must ensure that that user ID and password is kept confidential.  You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion.

 

(9)        Bulletin board / chat room / comments/ profiles

You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use the website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. 

You must not use the website for any purposes related to marketing without our express written consent.

You must not use the website to copy, publish or send mass mailings or spam.

You must not use the website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law.  All material you copy, publish or send via the website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

We reserve the right to edit or remove any material posted upon the website.

The information you place on the website about yourself or your band should be accurate and current.

We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the website, or commencing legal proceedings against you.

In respect of all material that you post on the website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

 

(10) Privacy Policy

We are committed to safeguarding the privacy of the website visitors; this policy sets out how we will treat your personal information. This privacy policy also forms part of this agreement.

 

(11)      What information do we collect?

We may collect, store and use the following kinds of personal data:

(a)        information about your visits to and use of this website;

(b)        information about any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;

(c)        information that you provide to us for the purpose of registering with us and/or subscribing to the website services and/or email notifications; and

(d)        information as entered by you in your profile including images and demo tracks.

 

(12)      Information about website visits

We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.

We use cookies on this website. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing purposes.  We may also use that information to recognise your computer when you visit the website, and to personalise the website for you. Our advertisers may also send you cookies.

Most browsers allow you to refuse to accept cookies.  (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.)  This will, however, have a negative impact upon the usability of many websites , including this one.

 

(13)      Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

In addition to the uses identified elsewhere in this privacy policy, we may use your personal information to:

(a)        improve your browsing experience by personalising the website;

(b)        send to you marketing communications relating to the website which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications to be sent by emailing us at remove@find-a-musician.com );

(d)        provide other companies with statistical information about our users – but this information will not be used to identify any individual user; and

We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

 

(14)      Other disclosures

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:

(a)        to the extent that we are required to do so by law;

(b)        in connection with any legal proceedings or prospective legal proceedings;

(c)        in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

(d)        to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are (or are contemplating) selling or purchasing.

Except as provided in this privacy policy, we will not provide your information to third parties.

 

(15)      International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

If you are in the European Union, information which you provide may be transferred to countries (including the United States, Australia and Canada) which do not have data protection laws equivalent to those in force in the European Union. You expressly agree to such transfers.

Due to the nature of the World Wide Web, anything on the website and anything you add to the website will be available around the world.

 

(16)      Security of your personal data

We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping your password confidential. We will not ask you for your password.

 

(17)      Your rights

You may instruct us to provide you with any personal information we hold about you.  Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).

You may instruct us not to process your personal data for marketing purposes. In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes. You can also instruct us not to use your personal data for marketing purposes by email at remove@find-a-musician.com at any time.

 

(18)      Variations and Amendments

We may revise these Terms and Conditions (including our Privacy Policy) from time-to-time. Please check this page regularly to ensure you are familiar with the current version. We reserve the right to withdraw or modify any or all aspects of the website and the services on it at any time without prior notice.

We may also notify you of any changes by email.

 

(19)      Entire agreement

These Terms and Conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of the website, and supersede all previous agreements in respect of your use of this website.

 

(20)      Law and jurisdiction

This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

Should any part of this Agreement be held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.

 

(21)      Our contact details

You can contact us by post at any time. Contact us by email to request our postal address:
admin@find-a-musician.com

Should you become aware of anything on the website that appears to infringe these Terms and Conditions please contact us on the above email address.

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