Terms and Conditions
Introduction
By Using Our Site You Accept These Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, https://musiciansintune.com (“Our Site”).
These Terms and Conditions were last updated on 9th April 2022
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
The following documents also apply to your use of Our Site:
Part of our mission at Musicians In Tune is to present information in a way that is accessible and understandable, and we aim to do the same with our policies.
Please take some time to read through them as they form the basis of the legal relationship between us and they are there for our mutual protection.
Terms used
| term | meaning |
| We, Us, Musicians In Tune, the owner(s) | Musicians In Tune Limited – the owners and creators of this website and its services |
| You, user | This means you |
| Enrolled members | Individuals who have paid for access to the service |
| Service(s) | This is our website, blog and content that we post on social media |
| Content | This is anything that is available through our services such as video, text, audio, images, user-generated content (anything made by people using our services) |
Our agreement
When you use our services you agree to be bound by our terms and conditions.
If you do not want to accept these terms and conditions then please do not use our services.
Who can use our services
You must be 18 years or over to use our services.
If you are under 18 then no contract shall exist between us. Where there is any doubt about the age restriction being met then any invitation to buy our service will be cancelled and no sale will exist.
Your account
Unless otherwise specified, the terms of use in this section apply generally when using Musicians In Tune.
Additional conditions of use or access may apply in specific scenarios, and in such cases they are indicated within this document.
Account registration
To use the service users must register or create a user account and provide all required data or information fully and honestly. Failure to do this will cause the unavailability of the Service.
A user may create and register only one account and a user account may not be shared with other people.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
You agree to be fully responsible for all activities that occur under your account or password.
You should create a strong password and take all necessary steps to ensure that your password is kept confidential and safe, and you should inform us immediately if you have any reason to believe that your password has become known to someone else, or, if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update your information in the Your Account area of the website.
We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Accounts registered by bots or any other automated methods are not permitted.
Payment
Information related to accepted payment methods is made available during the purchasing process.
All payments are independently processed through third-party services and Musicians In Tune does not collect any payment information such as credit card details, but only receives a notification once the payment has been completed successfully.
Some payment methods may only be available subject to additional conditions or fees levied by the payment service provider.
If payment through the available methods fails or is refused by the payment service provider, the owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the user.
Prices
Our prices are displayed on our website and may be subject to variation from time to time, including special offers.
There are no hidden charges and the price shown on our website is the price that you will pay.
Duration
You initial subscription will give you access to the paid area of the site for three years, after which a renewal fee will be payable. We will give you reasonable notice before your subscription will expire.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
By using the tools provided for account termination on Musicians In Tune.
By directly contacting the owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Your right to withdraw
You may be eligible to withdraw from your contract with us within 14 days for any reason and without justification if you live in the UK or the European Union. EU users have a right to withdraw from contracts entered into online (distance contracts) within the specified period. Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising your right of withdrawal
To exercise your right of withdrawal, you must send us an unequivocal statement of your intention to withdraw from the contract. You can do this by sending us an email at this address: [email protected]
In order to meet the deadline within which you can exercise your withdrawal right, you must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
The withdrawal period expires 14 days after the day that the contract is entered into, unless you have waived your rights to withdrawal.
Effects of withdrawal
We will reimburse users who correctly withdraw from a contract including, if any, those covering the costs of delivery. Unless otherwise agreed with the user, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the user shall not incur any costs or fees as a result of such reimbursement.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the we are informed of your decision to withdraw from the contract.
Your privacy
We have a privacy policy that forms part of our terms and conditions, and our agreement with you. It is published in a separate document and can be accessed here
Your conduct
We welcome people to interact with our services and you can do this via our blog and on social media. We would like this to be a positive and supportive environment and we have a few rules of engagement which simply mean being nice, and respectful.
Content generated by users
Users of this website may:
post reviews, comments and other content
send communications; and submit suggestions, ideas, comments, questions, or other information
This content must not be illegal, obscene, racist, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable
It must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
Musicians In Tune reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you grant Musicians In Tune and it’s affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Musicians In Tune and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Musicians In Tune, including the execution of deeds and documents, at the request of Musicians In Tune.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Musicians In Tune:
(i) the content and material is accurate;
(ii) use of the content and material you supply does not breach any applicable Musicians In Tune policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
You agree to indemnify Musicians In Tune and its affiliates for all claims brought by a third party against Musicians In Tune or its affiliates arising out of or in connection with a breach of any of these warranties.
Copyright and intellectual property
There has been a lot of time, care, and cost put into preparing the content that we provide and we expect users to respect this.
Copying our content is theft of our intellectual property and we would expect musicians especially to respect this because they are also subject to earning an income from their creative work. This section explains what you can and cannot do with our content.
Our content
Musicians In Tune holds and reserves all intellectual property rights for all the content on this site users may not use our content in any way that is not necessary or implicit in the proper use of our service.
The Site and its original content, features, and functionality are owned by Musicians In Tune and are protected by international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Musicians In Tune its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database rights laws.
The compilation of all content on this website is the exclusive property of Musicians In Tune and its affiliates and is protected by United Kingdom and international copyright and database right laws.
All software used on this website is the property of Musicians In Tune, our affiliates, or our software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-use parts of the contents of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering or extraction tools to extract for re-use any substantial parts of this website, without our express written consent.
You also may not create and/or publish your own database that features substantial parts of this website without our express written consent.
In particular, and without limitation, users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer or assign to third parties, or create derivative works from the content available, nor allow any third party to do so through the user or their device, even without the user’s knowledge.
Any applicable statutory limitations or exceptions to copyright shall stay unaffected.
Sharing content
Content that we place on social media can be forwarded, copied, or shared as long as it is attributed to us and not modified in any way, or presented in a way that purports to belong to anyone else.
Interruption of service
We will do our best to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed and an interruption may be completely beyond our control (Force majeure).
Also, your access to the website may be suspended or restricted occasionally to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of this type of suspension or restriction of service.
Our liability
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
Note that the right to compensation or repair will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.
Viruses, malware and security
We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching these provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach
Acceptable usage of our site
You may only use Our Site in a lawful manner:
You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
If you fail to comply with the provisions of this Part , you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
- Suspend or terminate your right to use Our Site;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- Take further legal action against you, as appropriate;
- Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach
Governing law and jurisdiction
These conditions are governed by and construed under the laws of Scotland because that is where the owner is based. You agree, as we do, to submit to the non-exclusive jurisdiction of the Scottish courts.
Exception for European Users
If the user qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, those higher standards shall prevail. This relates to consumers in the European Union, Switzerland, Norway and Iceland.
Venue of jurisdiction
The exclusive competence to decide on any disagreement resulting from or connected to these terms lies with the courts of the place where the owner is based.
External links
We may sometimes link to other sites. Sometimes we put our services on them, for example, on social media.
Please be aware that:
a) We are not responsible for the content on external sites, or liable for anything that happens to you if you use them.
b) We do not endorse the sites that we link to.
c) If you or anyone else shares something containing a link, we are not responsible for anything on the site it links to.
d) External sites will usually have their own terms of use.
Updates and changes to our terms and conditions
We may change our terms and conditions from time to time and when we do, we will let you know.
Registered Office
Musicians In Tune Limited
109 Henderson Street
Bridge of Allan
Stirling
FK8 3DL
United Kingdom
Email: [email protected]
