Music Brick Terms & Conditions
PRIVACY POLICY
www.musicbrick.com
In these Terms and Conditions “we, our, us, "music brick” refers
to www.musicbrick.co.uk, www.musicbrick..com, www.musicbricks.co.uk, www.musicbricks.co.uk
ACCEPTANCE OF TERMS
By accessing the content of www.musicbrick..com (“the Website”)
you agree to be bound by the terms and conditions set out herein and you accept
our privacy policy available at [www.musicbrick..com /privacy-policy.htm]. If
you object to any of the terms and conditions set out in this agreement you
should not use any of the products or services on the Website and leave immediately.
You agree that you shall not use the Website for illegal purposes, and will
respect all applicable laws and regulations. You agree not to use the Website
in a way that may impair the performance, corrupt the content or otherwise reduce
the overall functionality of the Website. You also agree not to compromise the
security of the Website or attempt to gain access to secured areas or sensitive
information.
You agree to be fully responsible for any claim, expense, liability, losses,
costs including legal fees incurred by us arising from any infringement of the
terms and conditions set out in this agreement.
MODIFICATION
Musicbrick.com reserves the right to change any part of this agreement without
notice and your use of the Website will be deemed as acceptance of this agreement.
We advise users to regularly check the Terms and Conditions of this agreement.
musicbrick.com has complete discretion to modify or remove any part of this
site without warning or liability arising from such action.
LIMITATION OF LIABILITY
Musicbrick.com will under no circumstance be liable for indirect, special,
or consequential damages including any loss of business, revenue, profits, or
data in relation to your use of the Website. Nothing within this Agreement will
operate to exclude any liability for death or personal injury arising as result
of the negligence of musicbrick.com; it’s employees or agents.
COPYRIGHT
All intellectual property of musicbrick.com such as trademarks, trade names,
patents, registered designs and any other automatic intellectual property rights
derived from the aesthetics or functionality of the Website remain the property
of musicbrick.com.
By using the Website you agree to respect the intellectual property rights of
musicbrick.com and will refrain from copying, downloading, transmitting, reproducing,
printing, and in doing so exploiting for commercial purpose any material contained
within the Website.
CONTENT SUBMITTED MUSIBRICK.COM
musicbrick.com does not claim ownership of the Content you place in your account.
musicbrick.com may quote or reproduce small portions of your content (if you
have made it public) in order to promote musicbrick.com.
You acknowledge that musicbrick.com shall have the right (but not the obligation)
in their sole discretion to refuse or remove any Content that is available via
the Service. Without limiting the foregoing, musicbrick.com and its designees
shall have the right to remove any content that violates our Terms and Conditions.
You agree that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content.
INDEMNITY
You agree to indemnify and hold musicbrick.com, and its partners, and employees,
harmless from any claim or demand, including reasonable solicitors fees, made
by any third party due to or arising out of your Content, your use of the Service,
your connection to the Service, your violation of the terms and conditions,
or your violation of any rights of another.
CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright
ownership and all related rights for information he or she publishes through
musicbrick.com.
CONTENT RESPONSIBILITY
Member acknowledges and agrees that musicbrick.com neither endorses the contents
of any Member communications nor assumes responsibility for any threatening,
libellous, obscene, harassing or offensive material contained therein, any infringement
of third party intellectual property rights arising there from or any crime
facilitated thereby.
CONTENT/ACTIVITY PROHIBITED.
The following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the musicbrick.com services. musicbrick.com
reserves the right to investigate and take appropriate legal action against
anyone who, in musicbrick.com sole discretion, violates this provision, including
without limitation, removing the offending communication from the musicbrick.com
Services and terminating the Membership of such violators. Prohibited Content
includes, but is not limited to Content that, in the sole discretion of musicbrick.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link
to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email
addresses;
7. promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
12. solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that
person's consent; or
DISCLAIMERS
The information is provided on the understanding that the Website is not engaged
in rendering advice and should not be wholly relied upon when making any related
decision.
The information contained with the Website is provided on an “as is”
basis with no warranties expressed or otherwise implied relating to the accuracy,
fitness for purpose, compatibility or security of any components of the Website.
We do not guarantee uninterrupted availability of the www.musicbrick.com Website
and cannot provide any representation that using the Website will be error free.
THIRD PARTIES
The Website may contain hyperlinks to websites operated by other parties.
We do not control such websites and we take no responsibility for, and will
not incur any liability in respect of, their content. Our inclusion of hyperlinks
to such websites does not imply any endorsement of views, statements or information
contained in such websites.
SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck out and the remaining provisions shall remain
in force.
GOVERNING LAW AND JURISDICTION
The laws of England will govern this Agreement and any user of the Website
hereby agrees to be bound exclusively by the jurisdiction of English courts
without reference to rules governing choice of laws.
TERMINATION
You agree that musicbrick.com, in its sole discretion, may terminate your
password and use of the Service and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of use or if
musicbrick.com believes that you have violated or acted inconsistently with
the spirit of our Terms and Conditions. You Crossed My Sky may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access to the
Service under any provision of these terms and conditions may be effected without
prior notice, and acknowledge and agree that musicbrick.com may immediately
deactivate or delete your account and all related information and files and
bar any further access to such files or the Service. Further, you agree that
musicbrick.com shall not be liable to you or any third-party for any termination
of your access to the Service.
MEMBER ACCOUNT AND SECURITY
Once you become a member of musicbrick.com, you shall receive a password and
an account. You are entirely responsible if you do not maintain the confidentiality
of your password and account. Furthermore, you are entirely responsible for
any and all activities which occur under your account. You may change your password
at any time (to do so, contact customer support using the contact area within
musicbrick.com. At this juncture you may also set up a new account and close
an old one at your convenience.
Member agrees to immediately notify musicbrick.com of any unauthorized use of
Member's account or any other breach of security known to Member.
MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, messages
or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such content
originated. This means that you, and not musicbrick.com, are entirely responsible
for all Content that you upload, post or otherwise transmit via the Service.
musicbrick.com does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable.
You agree to not use the Service to: upload, post or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable; harm minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity; upload, post or otherwise transmit
any Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements); upload, post or otherwise transmit any content
that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party; upload, post or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment; interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; "stalk" or otherwise harass
another; collect or store personal data about other users; promote physical
harm or injury against any group or individual, or promote any act of cruelty
to animals. This may include, but is not limited to, providing instructions
on how to assemble bombs, grenades and other weapons.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
MUSICBRICK.COM EXPRESSLY DISCLAIMS 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.
MUSICBRICK.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND
RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA.
MUSICBRICK.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY YOU CROSSED MY SKY SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Just in case….
Please choose carefully the information you post on musicbrick.com and that
you provide to other Users. Your profile may not include the following items:
telephone numbers, street addresses, last names, and any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually explicit
or otherwise objectionable subject matter. Despite this prohibition, information
provided by other musicbrick.com Members may contain inaccurate, inappropriate,
offensive or products or services, and musicbrick.com assumes no responsibility
or liability for this material. If you become aware of misuse please contact
musicbrick.com or click on the "Report Inappropriate Content" link.
musicbrick.com reserves the right, in its sole discretion, to reject, refuse
to post or remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the musicbrick.com services
at any time, for any or no reason, with or without prior notice, and without
liability.
Eligibility. Use of and Membership in the musicbrick.com services is void where
prohibited. By using the musicbrick.com, you represent and warrant that (i)
you will maintain the accuracy information; (ii) you are 14 years of age or
older; and (iii) your use of the musicbrick.com does not violate any applicable
law or regulation. Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 14 years of age.
Term. This Agreement shall remain in full force and effect while you use musicbrick.com
as a user or as a Member. You may terminate your Membership at any time, for
any reason, by following the instructions on the Member's Account Settings page.
MySpace.com may terminate your Membership at any time, without warning. Even
after Membership is terminated, this Agreement will remain in effect, including
sections 5-17.
1. Password.
When you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, username, or password of another Member at
any time or to disclose your password to any third party. You agree to notify
musicbrick.com immediately if you suspect any unauthorized use of your account
or access to your password. You are solely responsible for any and all use of
your account.
2. Non-commercial Use by Members.
The musicbrick.com services are for the personal use of Members only and may
not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by musicbrick.com. Illegal and/or unauthorized
use of the musicbrick.com Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending
unsolicited email is prohibited. Commercial advertisements, affiliate links,
and other forms of solicitation may be removed from Member profiles without
notice and may result in termination of Membership privileges. Appropriate legal
action will be taken for any illegal or unauthorized use of the musicbrick.com.
3. Proprietary Rights in Content on MySpace.com.
musicbrick.com does not claim any ownership rights in the text, files, images,
photos, video, sounds, musical works, works of authorship, or any other materials
that you post to musicbrick.com. After posting your content you continue to
retain all ownership rights, and you continue to have the right to use your
content in any way you choose. By displaying or publishing ("posting")
any content on or through musicbrick.com, you hereby grant to MySpace.com a
limited license to use, modify, publicly perform, publicly display, reproduce,
and distribute.
Without this license, musicbrick.com would be unable to provide musicbrick.com.
For example, without the right to modify content, musicbrick.com would not be
able to digitally compress music files that Members submit and without the right
to publicly perform content, musicbrick.com could not allow Users to listen
to music posted by members. The license you grant to musicbrick.com is non-exclusive,
fully-paid and royalty-free, sublicensable, and worldwide. This license will
terminate at the time you remove your Content from musicbrick.com.
musicbrick.com contains content of users and other musicbrick.com licensers.
Except for Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any content appearing
on or through musicbrick.com.
4. Content Posted.
musicbrick.com may delete any Content that in the sole judgment of musicbrick.com
violates this agreement or which may be offensive, illegal or violate the rights,
harm, or threaten the safety of any person. musicbrick.com assumes no responsibility
for monitoring musicbrick.com for inappropriate content or conduct. If at any
time musicbrick.com chooses to monitor musicbrick.com, musicbrick.com assumes
no responsibility for the content, no obligation remove any inappropriate Content,
and no responsibility for the conduct of the user submitting any such Content.
You are solely responsible for the Content that you post on or through any of
musicbrick.com, and any material or information that you transmit to other Members
and for your interactions with other Users. musicbrick.com does not endorse
and has no control over the Content. Content is not necessarily reviewed by
musicbrick.com prior to posting and does not necessarily reflect the opinions
or policies of musicbrick.com.
About musicbrick.com
We may use a user's email address to send updates, a newsletter or news regarding
the service. Users may choose not to receive email of this type by changing
their "notification" setting to "Do not send me notification
emails" in the user "Account Settings"
From time to time, musicbrick.com or a partner, may sponsor a promotion, sweepstake
or contest on musicbrick.com. Users may be asked to provide personal information
including name, email address or home address or to answer questions in order
to participate. We may transfer personal information to certain ad partners
that you have explicitly requested to receive information from. It will be clear
at the point of collection who is collecting the personal information and whose
privacy statement will apply.
Communications to Non-members
musicbrick.com members can invite friends to join the service by sending invitation
emails via our automated invitation system. musicbrick.com stores the email
addresses that members provide so that the respondents may be added to the friend's
list of the member sending the invitations, and also to send reminders of the
invitations musicbrick.com does not sell these email addresses or use them to
send any other communication besides invitations, invitation reminders (up to
three (3) per email address). Recipients of invitations from musicbrick.com
may contact musicbrick.com to request the removal of their information from
our database.
Chat Rooms, Journals and WebLogs, Message Boards, Classifieds and Public
Forums
Please be aware that whenever you voluntarily post public information to journals,
webLogs, message boards, classifieds or any other public forums that that information
can be accessed by the public and can in turn be used by those people to send
you unsolicited communications.
Correcting/Updating or Removing Information
musicbrick.com users may modify or remove any of their personal information
at any time by logging into their account and accessing features such as Edit
Profile and Account Info.
Third Party Advertising
Ads appearing on this Web site may be delivered to users by musicbrick.com or
one of our web partners. Our web partners may set cookies. These cookies allow
the ad server to recognize your computer each time they send you an online advertisement.
In this way, ad servers may compile information about where you, or others who
are using your computer, saw their advertisements and determine which ads are
clicked on. This information allows an ad network to deliver targeted advertisements
that they believe will be of most interest to you. This privacy statement covers
the use of cookies by musicbrick.com and does not cover the use of cookies by
any advertisers.
Plain English.
Please be very aware you cannot post the same or similar musicbrick over and
over again, we will work on a three strike system. You will be given a warning
after the second occasion (of posting the same or similar musicbrick for publicity,
advertising etc purposes) after the third occasion you will receive no correspondence
from musicbrick.com and your account will be annulled.