TERMS AND CONDITIONS
TERMS AND CONDITIONS
OF WEBSITE USE OF WWW.MDMARCHIVE.CO.UK
IMPORTANT LEGAL NOTICE
This notice applies
to the entire contents of this website under the domain name www.mdmarchive.co.uk (“the Website”). Please
read the terms and conditions carefully before using this website.
Please note that using this website indicates that you have accepted
these terms. If you do not accept these terms and conditions,
do not use this website.
This notice is issued by Manchester
District Music Archive (“the Owner”).
1.
INTRODUCTION
1.1 By accessing any
part of this Website, you shall be deemed to have read and accepted
the terms of this legal notice in full. If you do not accept the terms
of this legal notice in full, you must leave this Website immediately.
1.2 The Owner may
revise this legal notice at any time by updating this posting. You should
check this Website from time to time to review the then current legal
notice, because it is binding on you. Certain provisions of this legal
notice may be amended or superseded by expressly designated legal notices
or terms located on particular pages at this Website.
2. VISITOR MATERIAL
AND CONDUCT
2.1
Any material you transmit or post to this Website shall be considered
non-confidential. The Owner and its designees shall be free to copy,
disclose, distribute, incorporate and otherwise use such material and
all data, images, sounds, text and other things embodied therein for
any and all commercial or non-commercial purposes.
2.2 You warrant
that you have the necessary rights to post or transmit the material
which you post or transmit to the Website.
2.3
You are prohibited from posting or transmitting to or from this Website
any material:
(a)
that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence,
in breach of privacy or which may cause annoyance or inconvenience;
or
(b)
for which you have not obtained all necessary licences and/or approvals;
or
(c)
which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the
law of or infringe the rights of any third party, in the UK or any other
country in the world; or
(d)
which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data);
(e) which injures
any third party and/or their intellectual property rights.
2.4 You may not
misuse the Website (including, without limitation, by hacking).
2.5
The Owner shall fully co-operate with any law enforcement authorities
or court order requesting or directing the Owner to disclose the identity
or locate anyone posting any material in breach of paragraph 2.3 or
paragraph 2.4 above.
2.6 The Owner shall
have the right (at its absolute discretion and without obligation to
provide notice of any kind) to remove and/or delete any material posted
or transmitted to the Website which it believes at its absolute discretion
falls within the categories described in paragraph 2.3 above.
3.
COPYRIGHT
3.1 Unless otherwise
stated, the copyright and other intellectual property rights in this
Website are owned by the Owner or its licensors. For the purposes of
this legal notice, any use of extracts from this Website is prohibited.
If you breach any of the terms in this legal notice, your permission
to use this Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from this Website.
4. SERVICE ACCESS
4.1 While the Owner
endeavours to ensure that this Website is normally available 24 hours
a day, the Owner shall not be liable if for any reason this Website
is unavailable at any time or for any period.
4.2 Access to this
Website may be suspended temporarily and without notice in the case
of system failure, maintenance or repair or for reasons beyond the Owner’s
control.
5.
LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third
party websites on this Website are provided solely for your convenience.
Links that are posted or transmitted by any of the Visitors to this
Website are not the responsibility of the Owner. If you use these
links, you leave this Website. The Owner has not reviewed all of these
third party websites and does not control and is not responsible for
these websites or their content or availability. The Owner therefore
does not endorse or make any representations about them, or any material
found there, or any results that may be obtained from using them. If
you decide to access any of the third party websites linked to this
Website, you do so entirely at your own risk.
5.2 If you would
like to link to this Website, you may only do so on the basis that you
link to, but do not replicate, the home page of this Website, and subject
to the following conditions:
(a) you do not
remove, distort or otherwise alter the size or appearance of the Manchester
District Music Archive logo;
(b) you do not
create a frame or any other browser or border environment around this
Website;
(c) you do not
in any way imply that the Owner is endorsing any products or services
other than its own;
(d) you do not
misrepresent your relationship with the Owner nor present any other
false information about the Owner;
(e) you do not
otherwise use any Manchester District Music Archive trade marks displayed
on this Website without express written permission from the Owner;
(f) you do not
link from a website that is not owned by you; and
(g) your website
does not contain content that is distasteful, offensive or controversial,
infringes any intellectual property rights or other rights of any other
person or otherwise does not comply with all applicable laws and regulations.
5.3 The Owner expressly
reserves the right to revoke the right granted in paragraph 5.2 for
breach of these terms and to take any action it deems appropriate.
5.4 You shall fully
indemnify the Owner for any loss or damage suffered by the Owner for
breach of paragraph 5.2.
6.
DISCLAIMER
6.1 WHILE THE OWNER
ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THIS WEBSITE IS CORRECT,
YOU ACKNOWLEDGE THAT THE WEBSITE CONTAINS THIRD PARTY MATERIAL IN ADDITION
TO THE OWNER’S OWN AND THEREFORE THE OWNER DOES NOT WARRANT THE ACCURACY
AND COMPLETENESS OF ANY MATERIAL ON THIS WEBSITE. THE OWNER MAY MAKE
CHANGES TO THE MATERIAL ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
THE MATERIAL ON THIS WEBSITE MAY BE OUT OF DATE, AND THE OWNER MAKES
NO COMMITMENT TO UPDATE SUCH MATERIAL.
6.2 THE MATERIAL
ON THIS WEBSITE IS PROVIDED “AS IS”, WITHOUT ANY CONDITIONS, WARRANTIES
OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE OWNER PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT THE
OWNER EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER
TERMS WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT IN RELATION
TO THIS WEBSITE.
7.
LIABILITY
7.1 THE OWNER, ANY
OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING
OR DELIVERING THIS WEBSITE), AND ANY OF THE OWNER’S OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY
FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A
THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE
OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL,
DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED
IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING
WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION
WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY
TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO
THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED
TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF,
OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS
WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE.
7.2 Nothing in this
legal notice shall exclude or limit the Owner’s liability for:
(a) death or personal
injury caused by negligence (as such term is defined by the Unfair Contract
Terms Act 1977); or
(b) fraud; or
(c) any liability
which cannot be excluded or limited under applicable law.
8.
GOVERNING LAW AND JURISDICTION
This legal notice
shall be governed by and construed in accordance with English law. Disputes
arising in connection with this legal notice shall be subject to the
exclusive jurisdiction of the English courts.
