POP-UPMUSIC.COM WEBSITE TERMS AND CONDITIONS
Welcome to www.pop-upmusic.com, owned and operated by Pop-Up Music UK Limited whose address is Flat 6, 47 Avonmore Road, London W14 8RT.
www.pop-upmusic.com (the “Site“) is an online music library that provides services to copyright owners (“Members”) to provide musical content owned and/or created by them and allows other Members and/or other users to search and browse the Site, listen to or download such content for media and other usage (“Pop-Up Music Services”).
These terms and conditions (the “Terms”) govern your use of the Site (whether as a browser or registrant). Your provision of content is governed by a separate licence agreement (the “Licence Agreement”) which can be viewed once you have registered with the Site. You are only authorised to use the Site and Pop-Up Music Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms. You should read these Terms carefully. If you do not agree with them, you should leave the Site and discontinue use of the Pop-Up Music Services immediately. If you wish to become a Member and make use of the Pop-Up Music Services, you must read these Terms and indicate your acceptance of them during the Registration process. Each time you provide a track you will also have to indicate your acceptance of either an exclusive or non-exclusive licence which shall govern the terms on which that particular track is used.
GENERAL USE OF THE SITE
1.1. You may browse the Site without registering but in doing so you accept and agree that certain areas of the Site (for example, if you wish to provide Content to the Site) will not be available to you unless you register with the Site. You will be asked if you wish to register each time you try to access any part of the Site that requires registration. To register to the Site you will be asked to provide certain information about yourself; this is more particularly set out below.
1.2. You may provide your musical works or any other materials that relate solely to you (whether as a solo artistic performer or member of a performing group) to the Site (“Content”). Your provision, and our permitted use, of such Content will be governed by these Terms and the specific licence agreement that you will have to indicate your acceptance to prior to providing Content.
1.3. We, in our sole discretion, will have the right to refuse to allow you to register to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration of the Site.
1.4. When you register with the Site you will create an account (“My Account”). This account is unique to you. The “My Account” section of the Site is where you can update, correct or delete your personal information as appropriate. Should you wish us to cease marketing to you, you should also go to “My Account” or contact email@example.com.
1.6. You hereby represent and warrant:
(i) you have the full power and authority to enter into and perform under these Terms;
(ii) your use of the Site (including but not limited to your provision of Content) will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; and
(iii) you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.
1.7. The Site is subject to constant change. Except as specifically set out in these Terms, you will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.
1.8. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your computer or internet access account.
1.9. We have the right, but not the obligation, to monitor any activity associated with the Site and/or any Content posted on to the Site. We may investigate any reported violation of these Terms or complaints and take any action that we in our discretion deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing Content from the Site).
1.10. Age restriction: if you are a Minor you must not use the Site or make use of the Pop-Up Music Services without the consent and supervision of a parent or legal guardian, unless permitted by applicable law. The age of Minors is determined by local law where you reside, and for residents of the United Kingdom this means anyone under the age of 18 years. By registering for the Pop-Up Music Services, you represent and warrant that you are not a “Minor” acting without the consent and supervision of a parent or legal guardian.
1.11. Term and termination: At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your Member status immediately at any time, for any reason. Once your Member status terminates, you will have no right to use the Pop-Up Music Services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your Member status.
1.12. We may also, in our sole discretion and at any time, discontinue temporarily or permanently providing the Pop-Up Music Services, or any part thereof, with or without notice. You agree that any termination of access to the Pop-Up Music Services under any provision of these Terms may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Pop-Up Music Services. Where possible, we will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Pop-Up Music Services. Further you agree that we shall not be liable to you or any third party for any termination or suspension of access to the Pop-Up Music Services or modification of the Pop-Up Music Services.
CONDUCT AND USE OF THE SITE
3.1 You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
3.2 You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or by any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
3.3 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
3.4 You shall not use the Site for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
3.5 Non-commercial Use by Members. Illegal and/or unauthorised use of the Pop-Up Music Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site is prohibited. Any commercial activity undertaken via the Site that is either not directly related to Content or specifically endorsed or approved by us is strictly prohibited.
3.6 Notwithstanding any other provisions of these Terms, you shall not:
(i) modify, adapt, translate, or reverse engineer any portion of the Pop-Up Music Services,
(ii) upload, post, email or otherwise transmit or post links or otherwise make available, introduce into or direct to the Site any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site and/or the Pop-Up Music Services;
(iii) use any device, software or routine to interfere with or disrupt the proper working of the Site, or servers or networks connected to the Site, or any transaction being conducted on the Site, or with any other person’s use of the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(iv) violate any applicable local, state, national or international law, rules or regulations;
(v) “deep link” to any portion of the Site;
(vi) use any robot, spider, other automatic device, or use a site search/retrieval application or other device to retrieve or index any portion of the Pop-Up Music Services or use any other manual process to monitor or copy the Site’s pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission;
(vii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(viii) display any of the Site in a frame (or any of our content via in-line links);
(ix) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; and/or
(x) assist any third party in engaging in any activity prohibited by these Terms.
3.7 You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Pop-Up Music Services and/or the Site including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer’s functionality or operation.
PROVIDING CONTENT TO THE SITE
COPYRIGHT AND COPYRIGHT PROTECTION
5.1 Other than in respect of Content, this Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site.
5.2 Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Site subject to such hyperlink not portraying Pop-Up Music Limited, its licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Pop-Up Music Limited as part of or in conjunction with the hyperlink.
5.3 Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Site for such content to be placed upon the Site and made available to Site users. If you believe that we have used your copyrighted work without such consent, please contact us so that we may remedy this at: firstname.lastname@example.org.
MODIFICATION, SUSPENSION AND TERMINATION OF MEMBERSHIP
6.1 We reserve the right, without prejudice to any other rights and remedies available to us under these Terms or generally at law, to suspend or terminate your registration and/or use of the Site immediately upon being made aware of any breach or potential breach by you of these Terms. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You agree that we will not be liable to you or to any third party for any such suspension, modification or discontinuance.
6.2 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Pop-Up Music Services with or without notice. You agree that we shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Pop-Up Music Services.
WARRANTIES AND LIMITATION OF LIABILITY
7.1 YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE NATIONAL AND INTERNATIONAL LAW WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.2 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE NATIONAL AND INTERNATIONAL LAW IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (“CONSEQUENTIAL DAMAGES”), INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR POP-UP MUSIC SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE THREE MONTHS PRIOR TO THE DATE THAT ANY LEGAL PROCEEDINGS RELATED TO SUCH CLAIM HAVE BEEN COMMENCED (INCLUDING IN RESPECT OF ANY CONSEQUENTIAL DAMAGES IF AND TO THE EXTENT THAT CERTAIN TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES).
7.3 We do not warrant or represent that:
(i) the Site will meet your requirements;
(ii) access to the Site will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Site will be accurate or reliable;
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; or
(v) any errors in any data or software will be corrected.
7.4 You expressly understand and agree that we shall not be liable for, and to the fullest extent permissible by applicable national and international law we hereby exclude or limit our liability in respect of, any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Site (save as expressly set out in these Terms);
(ii) unauthorised access to or alteration of your transmissions or data;
(iii) statements or conduct of any third party on the Site; or
(iv) any other matter relating to the Site.
7.5 We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
7.6 We are not responsible for the conduct, whether online or offline, of any Member and/or user of the Site and/or the Pop-Up Music Services and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or the Site, including any damage to any person’s computer or IT systems and/or network related to or resulting from participation or downloading materials in connection with the Site and/or the Pop-Up Music Services.
GENERAL LEGAL PROVISIONS
8.1 It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
8.2 We may amend these Terms from time to time, and place the new version on the Site. When we do so, we will place a notice advising that the Terms have been changed on the Site’s homepage at www.pop-upmusic.com. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.
8.3 We may alter these Terms at any time and your use of the whole/any part of the Site following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Site
8.4 These Terms shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this website fully.
8.5 If any provision(s) of these Terms are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
8.6 These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.