Terms and Conditions
Last Revised: 15th June 2009
Welcome to our website. If ‘You’ continue to browse and use this website ‘You’ are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy BarBands Ltd relationship with ‘You’ in relation to this website.
We reserve the right to restrict, suspend or terminate your access to all or to any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
The term 'BarBands' or 'us' or 'we' refers to the owner of the website whose registered office is 78 Tayside Court, London, SE5 8HD. Our company registration number is 06730127 (UK) The term '‘You’' refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
What ‘You’ upload
By uploading material to this website, ‘You’ represent and warrant that: ‘BarBands’, our customers and licensees shall not be required to make any payments with respect to material that ‘You’ submit to our sites, including, but not limited to, payments to ‘You’, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your
Your materials, your licensors, unions or guilds; ‘You’ have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms.
The material that ‘You’ submit to our sites does not contain "samples" of any third party's sound recording or musical composition and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights;
The material that ‘You’ submit is not and will not violate any law, statute, ordinance or regulation; The material that ‘You’ submit is not and will not be defamatory, trade libellous, pornographic or obscene, and ‘You’ are at least eighteen years of age. By submitting sound recordings or musical compositions or other audio and/or audio-visual content to us, ‘You’ grant us, royalty-free, nonexclusive license to:
- publicly perform, publicly display, broadcast, encode, in whole or in part, through any medium now known or hereafter devised for the purpose of demonstrating or promoting your material, to users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote database accessible by users;
- Make your material accessible as audio and/or video streams;
- Use any trademarks, service marks or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material.
Note to cover artists:
Barbands.co.uk has a limited online exploitation licence (no: LE-0001425) which allows an artsist to upload their interpretaion of somebody elses compisition. You must however own the mechanical copyright to the recording.
Your Password
‘You’ agree to provide true, accurate, current and complete information about yourself as requested in the Service's registration process and to update your information. ‘You’ may not reveal your subscription password to anyone else and ‘You’ may not use anyone else's password. ‘You’ are responsible for maintaining the confidentiality of your subscription account and password. Unauthorised access to the Service is a breach of these Terms and a violation of the law.
Removal
If ‘You’ believe that material ‘You’ own has been copied and made accessible in a manner that violates your intellectual property rights, please us immediately. We will consider such requests individually.
Links to third party sites
This Service contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any material in the Service's search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
Inmail and Forum
‘You’ agree to use the Inmail and Forum only to send and receive messages and material that are proper and related to this site. Without limiting the foregoing, ‘You’ agree that ‘You’ will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that ‘You’ know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, ‘You’ choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to ‘You’, to automatically change your username, delete your posts from the Forums, deny ‘You’ access to the Forums, or any combination of these options. If ‘You’ continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both.
Legal Policies
‘You’ will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
‘You’ hereby agree to indemnify, defend and hold the Service, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorised by ‘You’, (2) any claim arising out of the material that ‘You’ submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that ‘You’ submit to the Service. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by ‘You’, and in such case, ‘You’ agree to cooperate with our defence of such claim.
The listing, or absence of listing, of any document in the Service's search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service's search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the Service.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND ‘YOU’ WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. ‘YOU’ EXPRESSLY AGREE THAT ‘YOU’ WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
These Terms constitute the entire agreement between ‘You’ and the Parties with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to ‘You’. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.