This agreement applies as between you, the User of this Web Site and SongTrack Network the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“SongTrack Network”||means Max Brent Hixon of 79 Hill Park, Dudleston Heath, Ellesmere, Shropshire;|
|“Service”||means collectively any online facilities, tools, services or information that SongTrack Network makes available through the Web Site either now or in the future;|
|“System”||means any online communications infrastructure that SongTrack Network makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed by SongTrack Network and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using (songtracknetwork.co.uk).|
- Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SongTrack Network, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by SongTrack Network.
- Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Your Account
- Using our Services and the online platform, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete and kept up to date. You should note that a failure to provide true, accurate, complete and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether or not you authorise it.
- In order to access your Account, you will be required to provide your member name and password. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.
- We hold the right to terminate any blanket license, account or code at any time without giving reason.
- Music License
- A description of the Music License together with the dates on which the Music License will begin are available on our Website. We will provide the Music License with reasonable care and skill in accordance with the description set out on the Website.
- We expect you to confirm that the Music License you are purchasing will meet your needs. Although we do make best efforts, we do not make any guarantee to you that the music will be free of YouTube Content ID. YouTube Content ID can pull tracks which sound similar to another but are different. We may not be held liable for any loss of earnings, channels, videos, accounts or any other claims.
- We reserve the right to vary or withdraw any of the Music available to license at any time.
- Rights Licensed
- SongTrack Network grants the Licensee a non-exclusive, non-transferable and revocable licence during the Term of the license to reproduce (including by way of synchronisation and/or mechanical reproduction), SongTrack Network Work(s) in the territory of the world into one single production (such as a video).
- Content Licensed may be edited for use in the Production, however content may not be used as a sample, loop or resold or used for any audio production product.
- You may not under any circumstances directly or indirectly resell or relicense any of the music from our website. You may not add music to YouTube content id or similar content id systems, nor register it with any performing rights society, organisation or company.
- A legally binding agreement (Music License) between us and you shall come into existence when we have :
- accepted your offer to license music by sending you a confirmation email; and
- received payment of the relevant Prices.
- All prices that are advertised on our website are correct at the time of booking. However, SongTrack Network reserves the right and discretion to change our prices at any time. Please check our website for up-to-date prices and special offers before you book.
- Any fees charged by your debit or credit card provider in connection with your purchase of an Online Course are for your own account and SongTrack Network shall not be responsible for these.
- Cancellation and Variation
- Where we have accepted / confirmed the participation in a Music License being purchased by you and formed a legally binding agreement with you in accordance then you are permitted within 14 working days starting on the day after the date we have confirmed your participation to cancel your purchase. This is known as the “cooling off period”.
- Once you have completed the cooling off period of 14 days you will be under the full cancellation conditions of licenses which are 100% non-refundable.
- If you download a music track you will be deemed to have started use of the Music License and will no longer be able to get a full refund, even if it within the 14-day period.
- You must inform us of your intent to cancel by writing to email@example.com in the form of an email.
- Once we have received your written cancellation letter we will refund you within 30 days of receiving your letter and deduct any credit card surcharge, if applicable.
- Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of SongTrack Network or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site marketmyart.co.uk, a product front page or a blog page without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of SongTrack Network To find out more please contact us by email at firstname.lastname@example.org.
- You agree that, if you have provided SongTrack Network with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to SongTrack Network and (2) that you have brought to the attention of any such third party the Privacy Notice available on the SongTrack Network website or otherwise provided a copy of it to the third party. You agree to indemnify SongTrack Network in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- SongTrack Network makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- Availability of the Web Site
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- SongTrack Network accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
- To the maximum extent permitted by law, SongTrack Network accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts SongTrack Networks’s liability for death or personal injury resulting from any negligence or fraud on the part of SongTrack Network.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and SongTrack Network shall be governed by and construed in accordance with the Law of England and Wales and SongTrack Network and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.