Terms and Conditions of Website Use
1. This page (together with the documents referred to on it) provides the terms and conditions ("Terms") upon which you may make use of the website made available and operated at www.muzzool.com or any other domain name owned, operated or used by us (“our site”). "You" are any person or business using Services from our site and if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession you may also be referred to as "Consumer".
1.1. Please read these Terms carefully before you start to use our site. These Terms are a legally binding document and create binding obligations upon you.
1.2. By using our site, you accept these Terms, and agree to abide by them. If you do not agree to these Terms, please do not use our site.
1.3. We may amend these Terms from time to time.
2. Information about us
2.1. Our site is made available and operated by Katana Code Ltd (“we”, “our”, “us”) and by other persons acting on our behalf.
2.2. We are a company registered in Scotland with company number SC410908 whose registered office is at Lodge House, Priory Lane, Dunfermline, KY12 7DT.
These Terms set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
- e-mail [email protected], responding during business hours Monday to Friday 09:00 – 17:00
- telephone 0845 519 4329 during working hours Monday to Friday 09:00-17:00
3.1. Our site is an online platform which facilitates music fans ("Visitors") access to material which is made available by independent musicians, bands or businesses ("Acts") and allows Acts to access Services or Material (defined below). Our site also allows Visitors to make donations to certain Acts.
3.2. Our site is a place for you to ascertain general information concerning what we do and what we offer. Our site is also a place for you to select, view, support and make available material. Any Material which you upload to our site is publicly available and can be accessed by anyone visiting our site.
3.3. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services as set out in the order between you and us ("Order")(“Services”) and the material made available upon or through it ("Material") without notice. Unless explicitly stated to the contrary the supply or making available of any Services or Material shall be subject to these Terms.
3.4. We reserve the right at our sole discretion to restrict access to some parts or all of our site by persons or organisations seeking to access our site.
3.5. You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You are also responsible for ensuring that all persons who access our site through any facilities provided by you or over which you have control are aware of these Terms and that they comply with them.
3.6. Anyone can access our site however in order to be able to use our site you must be resident in and accessing our site from a country supported by our payment service provider, as detailed on our site from time to time.
3.7. We have used reasonable endeavours to ensure that our site complies with UK laws. However, we make no representations that our site or the Services or Material are appropriate or available for viewing, access or use in locations outside of the UK. If you access our site from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site, the Services or Material is contrary to or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site, the Services or Material and you must exit immediately. If making available the Services or Material in your place of access or place of residence or to you (by reason of nationality, residence or otherwise) is prohibited, the Services and Material are not made available to you. You accept that if you are resident outside of the UK, you must satisfy yourself that you are lawfully able to use the Services and access the Material.
3.8. We make no representations and give no warranties or guarantees, express or implied, that the making available of our site, the services or material in any particular territory outside of the UK is permitted under any non-UK laws. We exclude all liability for any damages, loss, costs or expenses relating to or arising out of the supply of the services or access or attempted access to our site or the Material by persons who are citizens, residents or nationals of countries other than the UK or who are nominees of or trustees for citizens, residents or nationals of countries other than the UK who are restricted from accessing or attempting to access oursite, the Services or the Material.
3.9. We shall use reasonable endeavours to ensure that our site and any Services or Material are available and that our site operates properly at all times but shall make no warranties, guarantees or representations that our site will be available at all times.
3.10. We may suspend the availability or operation of our site or the availability of any Services or Material on a temporary or indefinite basis as we may in our sole discretion determine.
3.11. We make no warranties, guarantees or representations regarding material or information submitted to our site by persons other than us. Otherwise, we will try to ensure that all Material is free from errors. We will also try to ensure that the Services operate properly. Please note though that our site, the Material and the Services may contain errors. You acknowledge that our site, the Material and the Services may not be free of errors and you agree that the existence of any errors shall not constitute a breach of these Terms.
3.12. You access our site entirely at your own risk and you may encounter content which you find offensive or explicit.
4. Linking to our site
4.1. You may link, or may procure that a third party acting on your behalf links, to the home page of our site, or to the home pages of any microsites operating under the domain name muzzool.com from a website owned or utilised by you or any third party pages operated by you, provided that such link is provided in a way that is fair and legal and does not damage our reputation or take advantage of it, or damage the reputation of any of the users of our site or take advantage of it.
4.2. You must not establish or procure that any third party establishes a link to our site in such a way as to suggest any form of association, approval or endorsement of you or any entity which you represent by us without our explicit prior written consent.
4.3. You must not establish or procure that any third party establishes a link to any page upon our site other than expressly permitted under these Terms.
4.4. You must not frame nor procure that any third party frames our site or any part of it on any other website.
4.5. You must not stream or aggregate content from our site within another website nor procure that any third party undertakes such activities.
4.6. We reserve the right to withdraw our permission to link to our site without notice and for whatever reason as we may in our sole discretion determine.
5. Links from our site
5.1. Where our site contains a link to a site or resource provided by a third party (a “Third Party Site”), such a link is provided for the purposes of information and convenience only.
5.2. The provision by us of a link to a Third Party Site does not represent any endorsement or recommendation by us in respect of that Third Party Site and does not mean that we have any association with that Third Party Site. We have no control over the contents of Third Party Sites.
6. Viruses, hacking and other offences
6.1. You must not:
6.1.1. misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our systems, data or information;
6.1.2. attempt to gain unauthorised access to our site or any part of it, the servers on which our site is stored or any server, computer or database connected to our site, which you are not expressly entitled to access;
6.1.3. use any robot, spider, other automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;
6.1.4. use an anonymising proxy to access our site;
6.1.5. attack our site via a denial-of-service attack or a distributed denial-of service attack;
6.1.6. take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may cause us to lose any of the services from our service providers, including our internet or payment service providers; or
6.1.7. do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our site.
6.2. If you breach this section we have the right to report any such breach to the relevant law enforcement authorities, and third parties whose interests may be endangered by your actions, and we will co-operate with those authorities and persons by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
6.3. You also understand that we cannot and do not warrant or guarantee that any Material available for downloading from our site or services accessible through our site will be free from infection, viruses and/or other code that has 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 in this respect. We exclude all liability for any damages, loss, costs or expenses relating to or arising out of any distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material due to use of or access to our site, any services or material, or your use of or interaction with any third party site.
7.1. If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to our site or any Services or Material, you must treat such information as confidential, and you must not disclose it to any third party.
7.2. We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to our site or any Services or Material at any time, for such reason as we may in our sole discretion determine, including without limitation if in our opinion you have failed to comply with any of the provisions of these Terms.
7.3. You must immediately notify us if you have reason to believe any user identification code, login, password, or any other piece of information enabling access to our site or any Services or provided by us to you has become known to any third party.
8. Our intellectual property rights
8.1. Our site, the Services and the Material are protected by international copyright laws and other intellectual property rights.
8.2. We are the owner of all intellectual property rights in the Services.
8.3. Intellectual property rights in any material uploaded (“Content”) by Acts remains held by those Acts.
8.4. Otherwise intellectual property rights in Material are owned by us.
The following provisions apply to Visitors only
8.5. Any intellectual property rights in our site, the Services and the Material are licensed not transferred to you, for the purposes expressly stated in these Terms and for no other purposes whatsoever, and always in accordance with these Terms. All rights are reserved.
8.6. Users of our site must not:
8.6.1. use or copy;
8.6.2. disassemble, decompile, reverse engineer, create derivative works based upon, extract elements from or reorganise;
8.6.3. translate, merge, adapt, vary, modify or make alterations to; or
8.6.4. distribute or license rights in,
our site or any Material or any copies thereof other than as expressly stated hereunder.
8.7. Our status or that of any identified contributors as the authors of the Material must always be acknowledged. Such acknowledgement must include the address of our site.
8.8. Other than as explicitly specified hereunder nothing contained in these Terms should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use our site, the Material or any intellectual property rights in any Services without our express written permission.
8.9. You must not attempt in any way to remove or circumvent any technical protection measures applied to our site or to any Material to prevent unauthorised use, copying or misappropriation thereof or of the intellectual property rights relating thereto, or apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.
9. Your rights of use
9.1. You may access Content for your own personal entertainment.
9.2. You may bring to the attention of others Content generally and publicly made available upon our site, and in doing so distribute extracts of Content from our site. The status of any identified contributors as the authors of such extracts must always be acknowledged. Such acknowledgement must include the address of our site.
9.2. You may use for the purposes for which they are supplied (but for no other purpose) any Service made available to you provided you have not breached these Terms.
10. Complaints regarding Material
10.1. If you wish to complain about any Material or Service, please contact us at [email protected]. We will then review the Material or Service. We shall in our sole discretion determine whether to remove the Material or Service from our site. If we decide to remove the Material or Service, our removal shall not be an admission as to any fact or circumstance, or be deemed to be an acceptance of your complaint. We may or may not respond to your complaint.
10.2. Please note that we do not moderate any Material, forums, comments facilities, blogs, links or other content made available upon our site by third parties.
11. Content you submit to our site
11.1. By submitting Content or information to or through our site you grant to us the right without limitation and without a requirement to pay to you any sums to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise such information or material. You acknowledge that we may permit others to exercise these rights.
11.2. By submitting information or Content to or through our site you are guaranteeing that you have the right to grant to us the rights described in section 11.1 If you are not able to grant to us these rights, please do not submit such information or Content.
11.3. In relation to any information or Content submitted by you to or through our site you waive absolutely all moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world, in such information or material.
11.4. You warrant that any information or Content submitted by you to or through our site shall:
11.4.1. be accurate (where it states facts);
11.4.2. be genuinely held (where it states opinions);
11.4.3. comply with the law applicable in Scotland and in any country from which it is posted; and
11.4.4. be relevant.
11.5. You warrant that any information or Content submitted by you to or through our site shall not, whether via submission to the site, making available through the site, or otherwise:
11.5.1. be defamatory of any person;
11.5.2. be obscene, offensive, hateful or inflammatory;
11.5.3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
11.5.4. disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual other than where you have the express permission of that individual to disclose such information subject to and in accordance with these Terms;
11.5.5. infringe any copyright, database right, trade mark or other intellectual property right of any other person;
11.5.6. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
11.5.7. be in contempt of court;
11.5.8. be likely to harass, upset, embarrass, alarm or annoy any other person;
11.5.9. impersonate any person, or misrepresent your identity or affiliation with any person;
11.5.10. advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or
11.5.11. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
11.6. Where a Content Provider provides us with any information, passwords, records, access keys, account codes, third party service codes and other material ("Credentials") in order to enable us to provide the Service to a Content Provider:
11.6. the Content Provider shall ensure the accuracy and completeness of Credentials supplied to us;
11.6.1. the Content Provider warrants that it has the necessary permissions and consents to supply the Credentials to us and to enable us to use the Credentials for the purpose of providing the Services;
11.6.2. the Content Provider warrants that any Credentials and their use by us in connection with the provision of the Services shall not infringe the Intellectual Property Rights of any third party; and
11.6.3. the Content Provider warrants that any Credentials will be free from any computer virus and will not damage or corrupt any other data or system upon which they are stored or processed,
11.6.4. and we shall accept no liability whatsoever in relation to any Services which have not been fully provided due to the Content Provider's failure to comply with the provisions of this section 11.6.
11.7. You shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of your breach of the warranties given at section 11.5 and 11.6 above.
11.8. Where information or Content submitted to or through our site in our opinion breaches these Terms, we may at our sole discretion take all or any of the following actions:
11.8.1. investigation of the identity of the person responsible for submitting such information or material and the circumstances surrounding the submission of such information or material, in respect of which you undertake to provide us with confirmation of your identity and any other information we may require in connection therewith and to cooperate with us fully;
11.8.2. immediate, temporary or permanent withdrawal or removal of the information or material or your ability to access to our site;
11.8.3. issuing a warning to you;
11.8.4. raising legal proceedings against you for recovery of all costs resulting from the breach;
11.8.5. raising further legal action against you;
11.8.6. disclosing such information to law enforcement authorities or relevant third parties as we reasonably feel is necessary or as required by law; or
11.8.7. such other action as we reasonably deem appropriate.
12. Trial period
12.1. If you are a Visitor or an Act, we may make our site and Services available to you for a trial period, the duration of which will be specified in the Order. During any such trial period all the provisions of these Terms will apply, save that:
12.1.1. you shall have no obligation to pay any fees in respect of the trial period;
12.1.2. you shall be able to terminate the Service by selecting this option where indicated within your account section of our site; and
12.1.3. we may terminate the Service immediately by giving written notice to you at any time during the trial period.
13.1. Where a donation is made, it is made directly to an Act. In respect of donations we are acting as the agent of the Acts, assisting with the collection and remission of the payment to those persons. Full details of who Acts are, and their contact details, are set out upon our site.
13.2. As a Visitor or an Act, from the date falling one month after the commencement of any trial period as set out in the Order, you shall pay to us a monthly subscription fee ("Subscription Fee") on the specified date ("Specified Date") using your chosen payment method as set out in the Order. In the event that we have not been able to deduct the Subscription Fee on the Specified Date from any bank account details provided by you for any reason whatsoever, we may disable your passwords, accounts and access to all or part of the Service and we shall be under no obligation to provide any or all of the Service while the Subscription Fee remains unpaid.
13.3. You can cancel your Order with us at any time, however if you fail to cancel your Order with us within 24 hours of the Specified Date, you will be charged for the following month's Subscription Fee.
13.4. We shall be entitled to increase the Subscription Fee, at the start of each Subscription Term upon 28 days’ prior notice to you and the Order shall be deemed to have been amended accordingly.
13.5. If you are making a donation to an Act, you can select to make a payment through our site. Once you confirm to us through our site that you wish to proceed with the donation, your transaction will be processed through one of the payment providers as listed on our site from time to time and selected by you. By confirming that you wish to proceed with your donation, you authorise the payment provider to deduct the funds.
13.6. Our payment providers may charge other fees to attend to payments. These will be set out on the payment provider's website.
13.7. You acknowledge that any of our payment providers' services are made available by a third party and as such we do not have control over their operation. We exclude all liability for any damages, loss, costs or expenses relating to or arising out of your use of or interaction with the payment providers' services.
14. Rights to cancel and refunds
14.1. If you are a Consumer, you have a right to cancel an agreement made over the Internet without liability which lasts for 14 days following your entry into that agreement. If you exercise this right to cancel sums paid by you, you will be refunded using the same means you used to pay over those sums. If you are a Consumer who is accessing Services as part of any trial period, then you will have up to the day before the end of the trial period to cancel. Note this does not allow any person who has made a payment to an Act to cancel it once it has been paid. Once a payment is made to an Act it may not be cancelled or refunded through our site and if you wish to do so this is a private matter between you and the Act for which we have no responsibility or liability.
14.2. When you agree to these Terms as part of the process of registering to use our site, you expressly request that we commence providing services to you. As such you will lose your right to cancel without liability. This means that whilst you may still cancel the agreement between you and us, some or all of the sums paid by you may be retained, and not refunded to you.
14.3. To exercise your right to cancel you must inform us and you have the availability to do so by accessing your account with us and selecting this option.
15.1. We make no representation or warranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service or any Material. We make no representation or warranty that (a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (c) the Service will meet your requirements or expectations, (d) the Service or the server(s) that make the Service available are free of viruses or other harmful components. The Service and all Material is provided to you strictly on an "as is" basis, (e) any stored data will be accurate or reliable, or (f) errors or defects will be corrected.
15.2. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, quality, fitness for a particular purpose or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by us.
16. Cookies and other policies
16.1. By accepting these Terms, you consent and agree to the use of all cookies and related tracking devices on our site. Details of such devices as applicable to our site are detailed in the Cookies Policy section on our site. You confirm that you shall make all users aware that you have consented to this as the party paying for the Services and that this consent will therefore be deemed to apply to their own use of the Services as this will be in the course of their employment or consultancy.
17.1. We may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information.
17.2. You may give notice to us (such notice shall be deemed given when received by us) at any time by written communication sent by first class mail or pre-paid post to our registered office.
17.3. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
18. Governing law and jurisdiction
18.1. These Terms use shall be governed by and construed in accordance with the law of Scotland.
18.2. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Scotland over any claim or matter arising under or in connection with these Terms.