Terms & Conditions

 

UNIVERSAL MUSIC - WEBSITE TERMS OF USE

1.      INFORMATION ABOUT US

2.      INTRODUCTION/APPLICATION OF THESE TERMS

3.      ACCESSING OUR SITE AND REGISTRATION

4.      OWNERSHIP OF CONTENT ON THE WEBSITE

5.      HOW YOU MAY USE THE CONTENT ON OUR SITE

6.      INFORMATION ABOUT CONTENT YOU SUBMIT TO THIS SITE

7.      ACCEPTABLE USE POLICY

8.      REPORTING MISUSE OF THE WEBSITE OR CONTENT IN BREACH OF THESE TERMS

9.      SUSPENSION AND TERMINATION OF ACCESS

10.     SECURITY

11.     OUR LIABILITY TO YOU

12.     TRANSACTIONS CONCLUDED THROUGH OUR SITE

13.     LINKING TO OUR SITE

14.     LINKS FROM OUR SITE

15.     JURISDICTION AND APPLICABLE LAW

16.     GENERAL

17.     QUESTIONS OR QUERIES?

1.              INFORMATION ABOUT US

Sinfinimusic.com ("site") is operated by [Universal Music Operations Limited] ("we").  We are registered in England and Wales under company number [0950138] and have our registered office at [364-366 Kensington High Street, London W14 8NS].  Our VAT number is [246297439].

2.           INTRODUCTION/APPLICATION OF THESE TERMS

2.1         These terms of use (together with the documents referred to in them) set out the conditions on which you may make use of our site, whether as a guest or a registered user.  

2.2         Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them.  If you do not agree to these terms of use, please do not use our site.

2.3         We reserve the right, in our sole discretion, to modify or otherwise update these terms by posting revised and/or updated terms to the site at any time.  If you continue to use the site following such posting you will be agreeing to be bound by such modifications or updates.  We recommend therefore that you review these terms on a regular basis.

2.4         Please also carefully review this site’s Privacy Policy [insert link] which governs our collection and use of personal information provided by you.  By using our site, you consent to us obtaining and holding your personal data as set out in the Privacy Policy.

2.5         In some instances, both these terms and separate terms or guideline documents setting out additional conditions may apply.  For example if you decide to buy a product or enter a competition featured on the site you are likely to be subject to Additional Terms. The Additional Terms will be clearly referenced next to the relevant service, product or feature.  To the extent there is a conflict between these terms and any Additional Terms, the Additional Terms will take precedence unless the Additional Terms expressly state otherwise.  Please also see section 12 below.

3.          ACCESSING OUR SITE AND REGISTRATION

3.1         Whilst we try to ensure the site is normally available 24 hours a day, we will not be liable to you if for any reason the site is unavailable at any time or for any period. For example, access may be suspended without notice in the case of updating our site, carrying out maintenance or in circumstances beyond our control. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend any part of the site and/or any feature/service we provide on our site without notice (on a temporary or permanent basis). You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any part thereof.

3.2         You are responsible for making all arrangements necessary for you to have access to our site including obtaining and maintaining all telephone lines, computer hardware and other equipment needed to access the site.  You will also be responsible for all charges related to this.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and comply with them. 

3.3         From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

3.4         If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or any Additional Terms.  You are responsible for all activities that take place using your registered details/account.

3.5         When using our site, you must comply with the provisions of our acceptable use policy set out at section 7 below.

4.          OWNERSHIP OF CONTENT ON THE WEBSITE

4.1         Unless otherwise expressly stated, this site and all materials that are included in or are otherwise a part of the site, including, without limitation, graphics,  artwork, text, images, audio recordings, videos, designs, software, trade marks, logos, the “look and feel” of the site, and all other materials related to the site (collectively, the “Content”) are owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorised use, copying and distribution by copyright, trade mark, patent and other laws.

4.2         Except as is expressly provided in these terms, the Content may not be used, copied, reproduced, performed, displayed, modified, downloaded or distributed in any way, in whole or in part, without our express written permission.  Note that in respect of some Content, additional copyright notices, information, or restrictions may be contained on the relevant part of the site featuring the Content and you agree to accept and abide by these additional restrictions/notices also.

5.          HOW YOU MAY USE THE CONTENT ON OUR SITE

5.1         The Content on this site may be used as a shopping and reference resource for your own personal non-commercial use.  Subject to your compliance with these terms and any Additional Terms, you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to use, view and/or print a single copy of the Content on any single computer for your personal, non-commercial use only, provided you must not modify the copies of any Content you have printed off or downloaded in any way and that you keep intact all trade mark, copyright and other proprietary notices contained in the Content or any copy you make of the Content. In addition you agree you will not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.2         You must not use, reproduce, exploit, copy or sell any part of the Content for commercial purposes without obtaining a written licence to do so from us. 

5.3         Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

5.4         If you print off, copy or download any part of our site in breach of these terms of use or any Additional Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

5.5         If you wish to make any use of the Content save as expressly permitted in these terms, please contact info@sinfinimusic.com with details of your request with “Content Use” in the subject heading of your email and we will consider and may respond to your request.

6.          INFORMATION ABOUT CONTENT YOU SUBMIT TO THIS SITE

6.1         We do not accept unsolicited demos/recordings sent to us through the site or any Sinfini Music or Universal email address contained on the site and take no responsibility for any material so transmitted. It is our policy not to accept or consider material other than that we have specifically requested and then only subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings between you and us.

6.2         There may be certain features on our site which allow you to submit/upload content to our site (including fan reviews).  Whenever you make use of a feature that allows you to submit/upload material to our site you must comply with our acceptable use policy set out in clause 7 below. 

6.3         Unless expressly stated otherwise at the point of collection, any material you upload to our site will be considered non-confidential and non-proprietary, and you agree we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party (including relevant law enforcement authorities/agencies) in the event of a claim that any material posted or uploaded by you to our site constitutes a violation of intellectual property rights or any other rights, or breaches applicable law.

6.4         By posting content (i.e. fan reviews or otherwise communicating with Sinfini Music, Universal or other users on or via the site) you are granting to us the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sublicense, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your content for any purpose whatsoever in all formats; on or through any media, now known or hereafter developed.  Except as prohibited by law, you waive any moral rights you may have in any content you submit (and agree that you have obtained waivers of all applicable moral rights).

6.5         You agree and acknowledge that we do not pre-screen the content you (and other users) submit but have the right (though not the obligation) to review, monitor and moderate that content and we may, in our sole discretion, delete, move, re-format, edit, alter, remove or refuse to exploit content submitted by users without notice or liability including if in our opinion the content does not comply with the acceptable use policy at clause 7.  We do not guarantee that content posted on the site by users will be maintained on the site by us for any period of time.

6.6         You agree you are responsible for evaluating and bearing any risks associated with the use of content submitted by users.  We do not endorse the content submitted by users and we will not be responsible, or liable to you or any third party, for the content, use of or accuracy of any content posted by you or any other user of our site.

7.          ACCEPTABLE USE POLICY

7.1         You must comply with the spirit of the acceptable use policy set out in this clause 7 as well as the letter.

7.2         Content submitted by you must:

7.2.1      be yours and original to you.  Please do not copy someone else's work.  By submitting content you agree you own or have obtained all relevant rights to submit this content;

7.2.2      be accurate (where you purport to state facts) and if you are stating an opinion that opinion should be genuinely held;

7.2.3      be relevant to the site (i.e. relate to classical music/the music industry generally); and

7.2.4      comply with applicable law in the UK and in any country from which you are posting.

7.3         Content submitted by you must not:

7.3.1      contain any material which is defamatory of any person;

7.3.2      contain any material that is sexually explicit or which is obscene, offensive, hateful or inflammatory or which promotes violence;

7.3.3      promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

7.3.4      be threatening nor abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

7.3.5      be likely to harass, upset, embarrass, alarm or annoy any other person;

7.3.6      infringe any copyright, privacy right or other right of any other person (for example please do not upload someone else's work or personal information etc);

7.3.7      be likely to deceive any person, including you should not give the impression that content comes from us if this is not the case nor should you impersonate any person, or misrepresent your identity or affiliation with any person;

7.3.8      be in breach of any duty owed to a third party, such as a contractual duty or a duty of confidence. Please do not therefore include your personal contact details or those of a third party;

7.3.9      promote any illegal activity nor advocate, promote or assist any unlawful act such as copyright infringement or computer misuse.

7.4         We will do our best to assess any possible risks for users when they use any features provided on our site, and we will decide in each case whether it is appropriate to moderate the relevant feature (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any features we provide on our site.  We expressly exclude our liability for any loss or damage arising from the use of any feature by a user in contravention of our acceptable use policy, whether the service is moderated or not.

7.5         You are only allowed to use our site for lawful purposes. You must not use it:

7.5.1      in any way that breaches any applicable local, national or international law or regulation;

7.5.2      in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

7.5.3      for the purpose of harming or attempting to harm minors in any way;

7.5.4      to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy;

7.5.5      to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as "spam");

7.5.6      to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware.

7.6         You must not attack our site via a denial-of-service attack or a distributed denial-of- service attack.

7.7         You agree not to access without authority, interfere with, damage or disrupt:

7.7.1      any part of our site;

7.7.2      any equipment or network on which our site is stored;

7.7.3      any software used in the provision of our site; or

7.7.4      any equipment or network or software owned or used by any third party connected or used in relation to our site.

7.8         By breaching this clause 7, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

8.          REPORTING MISUSE OF THE WEBSITE OR CONTENT IN BREACH OF THESE TERMS

8.1         We are keen to keep the site free from harmful or illegal material or material that is in breach of these terms. If you become aware of misuse of the site or any content that you consider to be in breach of these terms or if you believe that your work has been copied in a way that constitutes copyright infringement, please contact us, using the contact information at clause 8.2 below.

8.2         In the event you wish to notify us of any misuse of content or breach of these terms please contact us at info@sinfinimusic.com including in the subject heading of your email “Misuse of Content”.  It would be helpful if you also set out details of the content that you claim is in breach of the terms and/or is being misused and sufficient information to allow us to investigate the claim effectively.

9.            SUSPENSION AND TERMINATION OF ACCESS

9.1         We will determine, in our reasonable discretion, whether there has been a breach of these terms or any Additional Terms.  When we believe a breach has occurred, we may take all or any of the following actions:

9.1.1      issue of a warning to you;

9.1.2      immediate, temporary or permanent withdrawal of your right to use our site;

9.1.3      immediate, temporary or permanent removal of any posting or material uploaded by you to our site;

9.1.4      legal action against you;

9.1.5      disclosure of information to law enforcement authorities as we reasonably feel is necessary.

            The responses described above are not limited, and we may take any        other action we reasonably deem appropriate.

10.       SECURITY

10.1       Whilst we use reasonable endeavours to maintain the security of the site community forums and consumer data through administrative, physical and electronic security measures and regularly update the security measures to ensure they continue to meet the changing needs of running online media, you acknowledge that the Internet may be subject to breaches of security and you should be aware that when you submit content it may not be secure, and you should consider this before submitting any information to us and/or this site.

11.       OUR LIABILITY TO YOU

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU

11.1       This site and the Content displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.  We do not warrant that this website is error free or up to date.  To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

11.1.1   all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

11.1.2   any liability for any direct or indirect loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(a)          loss of income or revenue;

(b)          loss of business;

(c)          loss of profits or contracts;

(d)          loss of anticipated savings;

(e)          loss of data;

(f)           loss of goodwill; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

11.2       We do not represent or warrant that the site or the features on it will be accurate, error-free or uninterrupted or that the site is free from harmful components including without limitation viruses.  Any download from this site is at your own risk and we recommend that you install security software on your computer to help block viruses and harmful materials.  We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

11.3       Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our site, or by anyone who may be informed of any of its contents.

11.4       In the event we cannot exclude our liability to you as set out above in clause 11 and we are liable to you under these terms of use in no event will our total liability to you exceed £50.

11.5       These terms of use are not intended to and do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

12.       TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by additional terms and conditions applicable to that product. Please click here for further information about transactions fulfilled by:

Universal Music Store - Universal Music Direct Limited

13.         LINKING TO OUR SITE

13.1       You may link to our home page only and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You agree you will not establish a link:

13.1.1   in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part where none exists; and/or 

13.1.2   from any website that is not owned by you.

13.2       Framing of this site is only permitted with our express written agreement which may include conditions on how the framing will be undertaken/displayed.

13.3       We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in our acceptable use policy.

14.         LINKS FROM OUR SITE

There may be links from the site, or in communications you receive from the site, to third party websites.  Accessing those third party websites requires you to leave the site. We do not control those third party websites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any loss or damage that may arise from your use of any of those third party websites.  We encourage you to review all policies, terms and regulations, including the privacy policies and terms of use of each and any third party website that you visit.

15.       JURISDICTION AND APPLICABLE LAW

15.1       The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

15.2       These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

16.       GENERAL

16.1       These terms and the documents referred to in them, constitute the entire agreement and understanding between us relating to the use of the site and supersede all prior written or oral understandings, arrangements, representations or agreements relating to such.

16.2       A person who is not a party to these terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms, but this clause does not affect a right or remedy of a third party which exists or is available apart from that Act.

16.3       If for any reason any part of these terms are deemed unenforceable by a competent authority, then that part of the terms will be deleted and this will not affect the validity or enforceability of the remaining terms.

16.4       Any waiver by us of the breach of the terms shall not be deemed to be a waiver of any subsequent breach of any provision.

17.       QUESTIONS OR QUERIES?

If you have any questions or concerns about our site, please contact info@sinfinimusic.com and include “Question” or “Query” in the subject heading of your email.

Thank you for visiting our site.