TERMS AND CONDITIONS OF USE
The member profile area of HYPERLINK "http://www.mpg.org.uk" www.mpg.org.uk is a web service for members of Music Producers Guild provided by Music Producers Guild Limited (registered as a company limited by guarantee in England company number 3746150). The MPG site is referred to in these terms and conditions as "the Site".
The following general terms and conditions apply to members ("Members") who wish to upload material to the member profile area.
GENERAL TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
2. USE OF THE SITE
MPG grants you the right to create a member profile and upload material for that profile in accordance with these terms and conditions.
The Site is for the personal use of the Members and visitors for the purpose of promoting Members' services and is not for use in relation to any commercial enterprise not approved by MPG. For example the gathering of names and e-mail addresses for use in sending unsolicited e-mail or otherwise, or the commercial advertising of any product constitutes unauthorised use.
When you register you will create an "account" by supplying information. You warrant that this information is true, accurate and complete. You may not use another Member's account and you are solely responsible for the use of your account. You should keep your password secure and notify MPG of any breach of security.
You confirm that you are fully able to agree to and fulfil all your obligations under these terms and conditions, and that all representations you make to us are true and accurate.
MPG invites submission to the Site of audio recordings, photographs, imagery and words ("Material") in accordance with these terms and conditions.
You hereby grant to MPG the non-exclusive worldwide transferable licence to reproduce, distribute, display and perform the Material on the Site for viewing and streaming purposes only and not for downloads. Members retain all of their ownership rights in the Material which is owned by them.
YOU AGREE NOT TO POST ON THE SITE MATERIAL:
WHICH IS OWNED IN WHOLE OR IN PART BY SOMEONE ELSE OR WHICH BREACHES THE COPYRIGHT OF ANY PERSON (INCLUDING WRITERS AND ARTISTS) OR COMPANY (INCLUDING PUBLISHERS AND RECORD COMPANIES) OR OTHER ENTITY (unless you have been granted written permission from the owner or controllers of the rights in the material to do so).
which violates any privacy or publicity right
which is offensive, racist, promotes bigotry, is threatening, or advocates the harassment of any person or organisation
which is obscene, defamatory or libellous
which contains false or misleading information or anything which could be damaging to MPG in any way
which impersonates another person or group of people
which includes material which could be damaging to persons under 18 years of age
which involves "junk mail" or "chain letters"
which is in any other way unsuitable for inclusion on the Site in the opinion of MPG acting in its absolute discretion
MPG does not in any way endorse the content posted on the Site by Users. Further MPG assumes no responsibility for any false or inaccurate content or from any technical problems arising from any use of the Site.
5. REMOVAL FROM SITE
MPG reserves the right in its absolute discretion to remove Material from the Site without notice. If any Member repeatedly posts infringing material on the Site or behaves in an unauthorised manner MPG has the right to terminate that User's access to the Site.
If any person or company owns the copyright in any Material which has been posted on the Site in violation of the conditions set out above and in breach of that copyright, such person or company should submit to the nominated MPG representative details of the alleged infringement together with proof of ownership and contact details. Provided that MPG is satisfied with the validity of such claim it will remove the violating item(s) from the Site. For the purpose of this clause the nominated MPG representative is...................
6. MPG PROPERTY
The MPG name, logo, Site design, editorial content and any other intellectual property introduced to the Site by MPG (rather than by Members) belongs to MPG and is protected by copyright and other intellectual property rights. No use may be made of such MPG material without the express permission of MPG save that the name may be used in the course of good faith journalistic reports and in the promotion of the Site.
7. THIRD PARTY LINKS
8. MEMBER'S SOLE RISK
You agree and confirm that you understand that your use of the Site is at your sole risk. Any loss of damage caused to you as a result of your use of the Site or of your use of any links to third party sites is your responsibility.
9. LIMITATION OF LIABILITY
IN NO CIRCUMSTANCES WILL MPG OR ITS OFFICERS EMPLOYEES OR RESPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE WHETHER DIRECT OF CONSEQUENTIAL ARISING OUT OF YOUR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY ARISING FROM ERRONEOUS RO INACCURATE CONTENT OR FROM VIRUSES' TROJAN HORSES OR THE LIKE TRANSMITTED VIA THE SITE BY USERS OR OTHERS OR FROM ANY ALLEGED FINANCIAL DISADVANTAGE SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE. No warranty is given by MPG, its officers, employees or representatives, as to the Site's fitness for purpose. Notwithstanding anything to the contrary contained in these terms and conditions any liability to you for any cause of action howsoever arising will be limited to any registration or other fees paid by you to MPG.
You agree to indemnify and hold MPG harmless from any loss, liability, claims, or damages (including reasonable legal costs) made by any third party due to or arising out of your use of the Site and/or any breach of the warranties given by you in agreeing these terms and conditions.
MPG shall be entitled to assign freely these terms and conditions and all rights granted hereunder to any person, company or other entity.
12. MEMBERSHIP REFUND AND CANCELLATION POLICY
The MPG offers a cooling off period of 14 days, following any application for membership. The MPG will endeavour to process any claim for refund or cancellation of membership within 28 days of the date of submission. Should you wish to obtain a refund, or cancel your membership before the period of 14 days has expired, or you feel that you have cause to make this request outside of this time, please contact our membership secretary on firstname.lastname@example.org who will do their best to resolve the matter.
13.2 If any provision of these terms and conditions is found to be void or unenforceable such finding shall have no effect on the remainder of the terms and conditions, which shall remain in full force and effect.
13.3 No failure of MPG to enforce any of these terms and conditions in any particular instance(s) shall constitute an ongoing waiver of such terms and conditions.
13.4 Acceptance of membership of the Music Producers Guild confirms additional acceptance of the process of collection of membership subscriptions. These are collected on an automatic, repetitive basis, upon reaching the membership renewal date. Notice of collection is provided by email to the address supplied by the member. This notice is given twice, at 4 weeks and 2 weeks prior to each individual member's membership renewal date. All members are advised as to the method for cancelling their membership, if so desired. No refund will be issued once membership renewal has been processed.
13.5 MPG reserves the right to amend these Terms and conditions at any time. In such event MPG will either post a notice on the Site or send an email to current members indicating that a change has occurred and your continuing use of the Site shall be deemed your agreement to such change(s).
14. LAW AND JURISDICTION
These terms and conditions shall be governed by the laws of England and Wales and the courts of England and Wales shall be the courts of jurisdiction.
YOUR USE OF THE SITE WILL CONSITUTE YOUR AGREEMENT TO THE ABOVE TERMS AND CONDITIONS
© 2011 Music Producers Guild (UK) LImited