MusoFinder Terms and Conditions
This Agreement is a legal document which sets out your rights and obligations, and those of MusoFinder ("MusoFinder", "we" or "us"), in relation to this site and the services offered by MusoFinder through it (the "MusoFinder Service"). You must take the time to read and understand it, before registering for the MusoFinder Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the MusoFinder Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the MusoFinder Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
2. Types of membership
People who register for the MusoFinder Service become "Members". They must be at least 16 years of age. The Membership divides between those who decide to pay the fee we charge to become what we call a "Access Member" or "Gold Member", and those who do not ("Free Members").
Free Members may:
- create a profile including a forum avatar
- the ability to post unlimited wanted muso ads
- use the forums
- upload music files
- receive emailed messages, which will be sent to the email address contained in their MusoFinder details, as editable in the 'My Details' area (which are provided during sign up and may be updated subsequently), notifying them of contacts sent by other Members which can be viewed in the Message Centre on the site;
- opt to receive emails selected in their MusoFinder details, as editable in the 'My Details' area such as the MusoFinder email newsletter.
- unlimited use of the site to contact other members
In addition to the facilities available to Free Members and Access Members, Gold Members have:
- a gold 'star' icon
- the option to link to a website from their profile
- their username listed in Gold, appearing at the top of searches in bold
- Gold Wanted Ads and Gold Events including the ability to bump them to the top of the listings
- use the forum dedicated for Gold Members
- the option of professional or music industry status; and
- any another benefits introduced for Gold members.
We are not an internet service provider, however. In order to avail of the MusoFinder Service, you must have internet access and all the software (and skills) required for email and web usage.
3. Important Note: Access Membership and Gold Membership
If you decide to become an Access Member or Gold Member, and therefore pay our Access Membership or Gold Membership fee, you are agreeing to take the Access Membership or Gold Membership we make available to you promptly after that fee is paid. This means that you do not have the right to cancel your Access Membership or Gold Membership during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000. Access Membership and Gold Membership fees have two components:
1. an "listing fee", which comprises all of the Access Membership or Gold Membership fee except the subscription fee. The access fee relates to your use of the MusoFinder Service to send messages; and
2. a "subscription fee" of £0.50 (or $1 for US and international Members). The subscription fee relates to the Gold Member's use of the other benefits of Gold Membership during the twelve month subscription period.
Thus, for example, if you pay a Gold Membership fee of £25.00, your listing fee is £24.50, and your subscription fee is £0.50.
Your Access Membership will be automatically cancelled at the end of the 90 day period. Your Gold Membership will automatically be renewed at the end of your subscription period.
Please note that we reserve the right to change the amount of the fee for Access Membership or Gold Membership, the period which they cover, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Access Membership or Gold Membership.
You undertake to register for the MusoFinder Service using accurate and current information about yourself. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the MusoFinder Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
6. MusoFinder's Role
You, whether you are a Member or just a non-Member who visits the MusoFinder Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the MusoFinder Service or outside of it. We only provide a venue where the MusoFinder Service may be accessed. In particular, you should be aware that MusoFinder does not pre-screen or monitor the material contributed by Members.
7. Additional services
MusoFinder or its affiliates may offer new or additional services through the MusoFinder Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the MusoFinder Service in an appropriate manner (as determined by MusoFinder in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
8. Operation of MusoFinder Services
MusoFinder reserves the right to withdraw or modify one or more aspects of the MusoFinder Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the MusoFinder Service becomes inaccessible as a result of technical difficulties experienced by MusoFinder or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Access Membership or Gold Membership fees for withdrawal, modification or unavailability of the MusoFinder Service, except as provided in Clause 11(ii) below. For security or other reasons, we may require you to change password or other information which facilitates access to the MusoFinder Service.
9. Misuse of MusoFinder Service
We reserve the right (a) to suspend or terminate any Member's access to the MusoFinder Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the MusoFinder Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the MusoFinder Service without our prior consent. You are responsible for everything which is done on or through the MusoFinder Service while your Membership account is logged on to the MusoFinder Service, or through your email address(es).
The MusoFinder Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
- include an email address, postal address, phone number, or any other information which is intended to facilitate direct communication, in material which is posted on the MusoFinder Service.
- place material on, or otherwise use, the MusoFinder Service for any business or commercial purpose unless otherwise authorised by MusoFinder; or
- use your access to the MusoFinder Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant MusoFinder Service.
(ii) Fees paid by an Access Member or Gold Member will not be rebated or refunded by MusoFinder, except as follows. If, under Clause 8 above, we entirely withdraw an aspect of the MusoFinder Service for which you have subscribed, or the entirety of the MusoFinder Service itself, then you may be entitled to a rebate of your subscription fee for the remainder of the twelve month period to which that fee relates; but no part of the listing fee (as described in Clause 3(1) above) will be rebated to a Gold Member under any circumstances if the Gold Member has been listed on the MusoFinder Service during the period to which the Gold Membership fee relates. No rebate of any part of the Gold Membership fee will be payable under any circumstances, other than as provided in this Clause 11(ii).
We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the MusoFinder Service, nor any activity or communication you make in connection with any MusoFinder Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
13. Alerting MusoFinder
If you see anything on the MusoFinder Service which appears to infringe this Agreement, then please contact us. We do not generally monitor material contributed by Members before it is placed on the MusoFinder Service, and so we are reliant upon users to point out any which infringes this Agreement.
14. Withdrawal of material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw any material on the MusoFinder Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the MusoFinder Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the MusoFinder Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the MusoFinder Service.
15. Disclaimer and Release
MusoFinder has no control over or responsibility for the truth or accuracy of any material available on the MusoFinder Service, whether provided by Members or others.
- If any third party sites are linked to from the MusoFinder Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the MusoFinder Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the MusoFinder Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release MusoFinder its directors, contractors and employees from all liability arising out of or in connection with the MusoFinder Service and the material included here by Members and other third parties.
16. Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the MusoFinder Service (including the material which is contributed by Members) are owned by MusoFinder. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the MusoFinder Service, or any of the material which is found on the MusoFinder Service unless properly licensed to do so by us.
By submitting any material to the content to the MusoFinder Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
17. Excluded loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). MusoFinder will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
18. Maximum liability
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of MusoFinder under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £10, or (b) an amount equal to the sums paid by you to us by way of Access Membership or Gold Membership fees during the relevant period of twelve months, regardless of the cause or form of action.
19. Non-excluded Liabilities
Nothing in this Agreement limits MusoFinder's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the MusoFinder Service.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of MusoFinder assign or dispose of this Agreement.
22. Entire Agreement
23. Changes to this Agreement
MusoFinder reserves the right to change this Agreement from time to time, and post the new version on the MusoFinder Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.musofinder.com) and the new version of these terms and conditions will take effect, and will govern all MusoFinder Services and your relationship with MusoFinder:
- commencing four weeks after the date of posting (or such later date as MusoFinder indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the MusoFinder Service; or
- immediately upon the date of posting (or such later date as MusoFinder indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of MusoFinder's addresses or email addresses referred to in this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
26. Keeping this Agreement
We don't separately file the individual Agreements entered into by members when they register for the MusoFinder. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
You can contact us by post at anytime. To request the address please contact us. Please make sure you include your email address with all correspondence.