Terms of Service
Musichive.net (the "Web Site") is owned and maintained by Music Hive Limited (the "Company", "We"/"Us" or "Ours") a limited liability company registered in Scotland, reg. no. SC360755.
Last update: 20.06.2010
1.1 You (the "User") and the Company agree that your access to use Musichive.net Web Site is subject to your agreement to following terms and conditions, which will become a binding agreement between you and the Company (the "Agreement") once you start using the Web Site.
1.3 We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by contacting us through our support form. We also reserve the right, in our sole discretion, 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. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us.
1.5 If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Company's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
2.1 You need to register as a User to gain access to the services (the "Services") of this Web Site. Both you and the Company may terminate your user registration at any time. Upon termination of your registration as a "user", you will no longer be allowed access to the Web Site or the Services offered through the Web Site.
3. Age restrictions
3.1 In order to agree to and enter into a binding contract on your own behalf, and to register for use of the Services you MUST be 18 years old.
3.3 Children under the age of 13 may not register for the Services, and parents or legal guardians MAY NOT register on their behalf.
3.4 Parents/guardians allowing their child access to the Services are allowing their child access to all of the Services. It is therefore parents'/guardians' responsibility to determine which Services are appropriate for their child. They are fully responsible for child's use of the Web Site/Services, including all financial charges and legal liability that the child incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the Service.
4.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent.
4.2 By submitting material to the Service, you represent and warrant that: We, 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 materials, your licensors, unions or guilds.
4.3 You agree that he Company shall not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
4.4 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;
4.4 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 libelous, pornographic or obscene. 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;
4.5 By submitting sound recordings or musical compositions or other audio and/or audio-visual content to us, you grant us, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to:
(i) publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing your material, to users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote database accessible by users;
(ii) make your material accessible as audio and/or video streams;
(iii) 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.
4.6 If you believe that material you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. We will consider such requests individually.
5. Use of the Web Site/the Service and Web Site Content
5.1 The Content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright.
5.2 You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part. If the Service contains bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum.
5.3 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;
(viii) impersonate any person or entity for the purpose of misleading others;
(ix) restrict or inhibit any other user from using and enjoying the Web Site;
(x) collect or store personal information about others, including email addresses;
(xi) use the Web Site/Services in any manner that could damage, disable, overburden or impair the Web Site/Services;
(xii) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Web Site/Services through hacking, password mining or any other means.
5.4 We reserve the right to terminate your access to any or all Services 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 Web Site, deny you access to the Services, 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 Web Site, the Service or both.
5.5 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.
6. Intellectual Property Rights.
6.1 Intellectual Property
All rights including copyright in the content of Music Hive web pages including all Web site designs, text, graphics, their arrangement and all software compilations, underlying source code, software and all other material on this Web site are owned or controlled by Music Hive Limited, or their content and technology providers, and are protected by copyright, trade marks, patents and other intellectual property rights and laws. All rights reserved. Reproduction of those noted above, broadcasting, downloading, storage or playing in public, modification, distribution or republication is strictly forbidden without prior written permission of Music Hive Limited. This excludes the downloading, copying and printing of pages of the Web Site for personal, non-commercial home use only.
6.2 Posted Material
Music Hive Limited does not claim ownership of any materials you post.By accepting our terms and conditions, you grant us the license to present your materials to the wider public on site or through our promotional channels. It is strictly forbidden to post materials, including text, graphics, video or audio if you are not the copyright holder or hold a permission to distribute the content electronically, and it is forbidden to post any defamatory or illegal material of any nature on the Web Site.If you believe any material posted on site infringes your or other third party's copyright, contact Music Hive Limited immediately.
7.1 Information Gathering
When you create a User Account on Musichive.net, information including your email address, and physical IP Address are recorded and stored. This information is used internally by Musichive.net and is never distributed to any third parties. Musichive.net users may change their registration data and profile information at any time and can control how others communicate with them by altering their account settings (in order to do so, access "Control Panel" and click "Account Info"). If you are a registered user, you have certain rights under the 1998 Data Protection Act. You have the right to be told what personal information we hold about you on our database.
Music Hive Limited holds no liability for any indirect or consequential loss or damage which results from the disclosure of your username and/or password.
7.2 Web Site Cookies
When interacting with the Web Site, your Internet Browser and Our server communicate via a "session cookie" mechanism. This cookie contains an anonymous identifier that is used by the Musichive.net. A cookie is an element of data that the Web Site sends to your browser that is then stored on your system. You can set your browser to prevent this from happening, however this might break the experience or make the Web Site unusable. Any information collected in this way can be used to identify you unless you change your browser settings.
7.3 Payment Information
Payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by Us at the moment. In the future we might start doing so in order to facilitate the provision of Services to you (for example, storing your credit or debit card number for quick payment). You will be informed prior to any such event and you will always be able to remove any stored payment details.
Payments throughout the Web Site are facilitated by PayPal. You are not required to have a PayPal account to make a purchase, however you are still bound by the relevant PayPal Terms and Conditions (opens in a new window)
7.4 Communications from Music Hive Limited and Mailing Lists
In order to keep you informed about the operation of the Web Site/Services, we may send e-mails and announcements to your personal e-mail address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists. Any promotional e-mail from us will come with instructions on how to unsubscribe from the mailing list.
7.5 Information Disclosure
At no time is any account information shared with any outside parties, with the exception of law enforcement should the need arise, and only then to comply with a subpoena.
We employ strict internal guidelines to safeguard your personal information from unauthorised access and improper use, but no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
7.7 Password Security
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 password to anyone else and you may not use anyone else's password. You are responsible for maintaining the confidentiality of your account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law. You are fully responsible for any unauthorized person's use of the Web Site/Services, including all financial charges and legal liability that he/she may incur.
It is highly recommended by Music Hive Limited that users change their passwords periodically for extra security. In the event of an unauthorized person using your user name along with password, it is your responsibility to set up a new password. Should an unauthorized person use your password, you are responsible to notify Music Hive Limited. We hold no liability for any indirect or consequential loss or damage which results from the disclosure of your username and/or password.
8. Third party sites and content
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.
9. Refunds policy
Please note that any payment or part payment of the subscription fee (if applicable to your account) is non-refundable and we do not offer refunds in any circumstances. All transactions are final and therefore please ensure that you are familiar with the Web Site prior to signing up for an 'artist account'. Any part of the subscription fee which you may have paid will be non-refundable in the event that any part (or whole) of the Web Site is not available for any reason.
10. Limitation of Liability
10.1 Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected timeframe. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, war, civil disturbance or other cause beyond our reasonable control.
10.2 The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Web Site or the Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Web Site or any Content published on the Web Site.
10.3 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.YOU AGREE THAT YOUR USE OF WEB SITE IS ENTIRELY AT YOUR OWN RISK AND IT IS SOLELY YOUR RESPONSIBILTY TO INSTALL AND USE VIRUS CHECKING SOFTWARE AT ALL TIMES.
YOU AGREE THAT YOUR USE OF WEB SITE IS ENTIRELY AT YOUR OWN RISK AND IT IS SOLELY YOUR RESPONSIBILTY TO INSTALL AND USE VIRUS CHECKING SOFTWARE AT ALL TIMES.
You agree to fully indemnify and hold us harmless from and against any breach by you of these terms and conditions and any claim or demand brought against us by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these terms and conditions.
12. Governing Law
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.