ONLINE USER LICENCE FOR THE USE OF THE BIRMINGHAMUSIC.COM MUSIC FILES

Please read the terms and conditions of this Licence carefully, as they contain important information about your rights and obligations. You can print out this Licence by clicking on the print icon on your browser.

1. Introduction

1.1 Please read this Licence Agreement carefully before downloading the Artist Music File ( ‘the Music File(s)’) provided by Birminghamusic.com ( ‘our’ ‘we’ or ‘us’ ). In particular, we draw your attention to clause 7 (Liability). By downloading and music from this site, you agree to be legally bound by this Licence Agreement as it may be modified and posted on our website from time to time.
1.2 If you do not wish to be bound by this Licence Agreement then you may not download or use the Music File(s).

2. Licence

2.1 We grant you anon-exclusive, non-transferable licence to use the Music File(s), on the terms and conditions of this Licence Agreement.
2.2 We are under no obligation to provide you with any updates to, or new versions of, the Music File(s). However, if we do, your use of the new version will be subject to this Licence Agreement from the time of downloading.
2.3 In relation to the Music File(s):

(a) you may:

(i) load the Music File(s) into the permanent memory of a single computer which is controlled by you; and
(ii) Use the Music File(s) only for your private and personal use or if you are interested in pursuing a commercial relationship with the Artist responsible for the Music File(s) ( for example, promotion, signing ).

(b) you may not:

(i) make or distribute copies of the Music File(s) other than in the course of normal operation or in accordance with sub clause 2 (a) above;
(ii) sub-licence, rent, lease, transfer or attempt to assign this Licence Agreement to any other person;
(iii) modify, adapt or create derivative works based on the Music File(s);
(iv) use the Music File(s) in any manner, or transfer or export the Music File(s) or any copies into any country, other than in compliance with any applicable laws;
(v) create any promotional material or artwork relating to the Music File(s) without the prior written consent of the Artist and in respect of any material commissioned or manufactured by you the copyright shall be secured in the name of the Artist and title to all physical material shall belong to and be dealt with as if such physical material had been supplied by the Artist and the Artist shall at all times have unrestricted access to the same.
(vi) allow any other person to use the Music File(s) other than in accordance with the terms and conditions of this Licence Agreement.

2.4 We draw your attention to the provisions of the Copyright and Related Rights Regulations 2003. We confirm that the Regulations apply to the Birminghamusic.com service and you should note the offences which the Regulations create including ( without limitation) the unauthorised making available to the public of copyrights works by electronic transmission and the circumventing of technical measures designed to prevent digital copyright infringement.

2.5 We may terminate this Licence Agreement at any time if you are found in breach of any of these terms and if you are notified of termination, you must destroy all copies of the Music File(s).

3 Warranties

3.5 We warrant that:

(a) we have a right to license the Music File(s) to you however we do not warrant that the Music File(s) will be error or virus free.

3.6 If you have any complaints, you should direct them to us via email at complaints@Birminghamusic.com or by post at ( Postal Address )

4 Provision of Music File(s)

We make no representations and give no warranties, express or implied that making the Music File(s) available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Music File(s) or any part available in your jurisdiction or to you ( by reason of nationality, residence or otherwise ) is prohibited, the Music File(s) is not offered to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to download the Music File(s). We accept no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the download or attempted download of the Music File(s) by persons in jurisdictions outside the UK or who are nominees or of or trustees for citizens, residents or nationals of other countries.

5 Copyright and monitoring

The Music File(s) is protected by international copyright laws and other intellectual property rights. The owner of these rights is the Artist or other third party licensors. All product and company names and logos contained within the Music File(s) are the trade marks, service marks or trading names of their respective owners, including us.

6 Information you provide

The following applies to any information you provide to us, for example during any registration process.

6.5 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Music File(s) service. We may collect information about the way you use our website and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by shall be referred to in these terms and conditions as ‘Personal Information’.
6.6 You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where Applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
6.7 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at data@Birminghamusic.com.

7 Liability

7.5 All warranties offered in relation to the Music File(s) are set out in clause 3.1 of this Licence Agreement. We exclude all other warranties, express or implied terms, conditions, representations, or endorsements whatsoever with regard to the Music File(s).
7.6 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business ( whether direct or indirect ) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or connection with the viewing, use or performance of our website or its contents ( other than as a direct result of downloading the software which shall be subject to the exclusions and limitations of liability set out in these terms and conditions, we accept no liability for this loss or damage ( except where we have been negligent ) whether due to inaccuracy, error, omission or any other cause and whether on the part of Birminghmusic.com or our servants, agents or any other person or entity.
7.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to download the Music File(s). You also understand that we cannot and do not guarantee or warrant that the Music File(s) will be free from infection, viruses and/or other code that contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
7.8 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

8 General

8.5 We may assign, transfers, novate or subcontract any or all of our rights and obligations under this Licence Agreement at any time.
8.6 We may alter this Licence Agreement from time to time and post the new version on our website, following which all use of our website and the software will be governed by that version.
8.7 This Licence Agreement together with the privacy policy, are the whole agreement between you and Birminghamuisc.com. You acknowledge that you have not entered into this Agreement in reliance upon any statement, warranty or representation made by Birminghamusic.com or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind this Agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions and privacy policy.
8.8 If any provision or term of this Licence Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deleted from them.
8.9 This Licence Agreement and your use of the Music File(s) is governed by English Law and you submit to the non-exclusive jurisdiction of the English Courts.
8.10 Neither you nor we will be held liable to the other for any failure to perform any obligation due to causes beyond your or our respective reasonable control.
8.11 Failure or delay by either party enforcing an obligation or exercising a right under this Licence Agreement does not constitute a waiver of that obligation or right.

9 Notices

9.5 All notices shall be given:

• to us via email at info@Birminghamusic.com or by post at PO Box 1060 Birmingham B1 3PQ; or
• to you at either the email or postal address you provide during any ordering process.

9.6 Notice will be deemed received when an email is received in full ( or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

10 Replacement

This Licence Agreement replaces all other terms and conditions previously applicable to the licensing of the Music File(s).