Terms and conditions
In these Terms and Conditions “we, our, us, "music brick” Musicbrick.com refers to www.musicbrick.co.uk, www.musicbrick..com, www.musicbricks.co.uk, www.musicbricks.co.uk
ACCEPTANCE OF TERMSMusicbrick.com is a place to share your musical memories with the world. Start bringing the playlist of your life, to life… Please be aware when creating your Music Brick that we are a committed platform for music and memory only!
You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
Musicbrick.com reserves the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
musicbrick.com has complete discretion to modify or remove any part of this site without warning or liability arising from such action.
LIMITATION OF LIABILITY
Musicbrick.com will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website. Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of musicbrick.com; it’s employees or agents.
All intellectual property of musicbrick.com such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of musicbrick.com.
By using the Website you agree to respect the intellectual property rights of musicbrick.com and will refrain from copying, downloading, transmitting, reproducing, printing, and in doing so exploiting for commercial purpose any material contained within the Website.
CONTENT SUBMITTED MUSIBRICK.COM
musicbrick.com does not claim ownership of the Content you place in your account. musicbrick.com may quote or reproduce your content (if you have made it public) You retain all of your ownership rights in your submissions, but you are required to grant limited licence rights to musicbrick.com.
When you post a musicbrick, you grant: a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of the content within a musicbrick in connection with the provision of the Website and musicbrick.com’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. This will include editorial discretion by Musicbrick.com regarding the content a Musicbrick for purposes of promoting and re-distributing in any media format;
To each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your content within a musicbrick through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such content to the extent permitted by the functionality of the Website and under these Terms.
You acknowledge that musicbrick.com shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, musicbrick.com and its designees shall have the right to remove any content that violates our Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
If you require your account to be terminated please allow seven working days for the de-activation to be processed. Your profile and personal details along with the content of your musicbrick/s, will be deleted from our database. Musicbrick.com reserves the right to hold the song details and information on our database and stream the video; the title of the song or piece of music, name of artist and the video will remain fixed into the Musicwall, under the profile ‘Deleted Member’
You agree to indemnify and hold musicbrick.com, and its partners, and employees, harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the terms and conditions, or your violation of any rights of another.
Member acknowledges and agrees that musicbrick.com neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the musicbrick.com services. musicbrick.com reserves the right to investigate and take appropriate legal action against anyone who, in musicbrick.com sole discretion, violates this provision, including without limitation, removing the offending communication from the musicbrick.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of musicbrick.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
The information is provided on the understanding that the Website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
We do not guarantee uninterrupted availability of the www.musicbrick.com Website and cannot provide any representation that using the Website will be error free.
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
The laws of England will govern this Agreement and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
You agree that musicbrick.com, in its sole discretion, may terminate your password and use of the Service and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if musicbrick.com believes that you have violated or acted inconsistently with the spirit of our Terms and Conditions. Musicbrick.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that musicbrick.com may immediately deactivate or delete your account and all related information and files and bar any further access to such files or the Service. Further, you agree that musicbrick.com shall not be liable to you or any third-party for any termination of your access to the Service.
MEMBER ACCOUNT AND SECURITY
Once you become a member of musicbrick.com, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, contact customer support using the contact area within musicbrick.com. At this juncture you may also set up a new account and close an old one at your convenience.
Member agrees to immediately notify musicbrick.com of any unauthorized use of member's account or any other breach of security known to Member.
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not musicbrick.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. musicbrick.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to: upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; "stalk" or otherwise harass another; collect or store personal data about other users; promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MUSICBRICK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MUSICBRICK.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
MUSICBRICK.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY YOU CROSSED MY SKY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Just in case….
Please choose carefully the information you post on musicbrick.com and that you provide to other Users. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other musicbrick.com Members may contain inaccurate, inappropriate, offensive or products or services, and musicbrick.com assumes no responsibility or liability for this material. If you become aware of misuse please contact musicbrick.com or click on the "Report Inappropriate Content" link.
musicbrick.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the musicbrick.com services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility. Use of and Membership in the musicbrick.com services is void where prohibited. By using the musicbrick.com, you represent and warrant that (i) you will maintain the accuracy information; (ii) you are 14 years of age or older; and (iii) your use of the musicbrick.com does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
Term. This Agreement shall remain in full force and effect while you use musicbrick.com as a user or as a Member.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify musicbrick.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2. Non-commercial Use by Members.
The musicbrick.com services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by musicbrick.com. Illegal and/or unauthorized use of the musicbrick.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the musicbrick.com.
3. Proprietary Rights in Content on musicbrick.com.
Any attempt to conceal your identity under the guise of somebody famous or from the public domain ie politicians, world leaders, wannabees etc will be immediately asked to change their username. If this is not changed their account will be terminated without prior warning.
4. Proprietary Rights in Content on musicbrick.com.
musicbrick.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to musicbrick.com. After posting your content you continue to retain all ownership rights, and you continue to have the right to use your content in any way you choose. By displaying or publishing ("posting") any content on or through musicbrick.com, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute.
Without this license, musicbrick.com would be unable to provide musicbrick.com. For example, without the right to modify content, musicbrick.com would not be able to digitally compress music files that Members submit and without the right to publicly perform content, musicbrick.com could not allow Users to listen to music posted by members. The license you grant to musicbrick.com is non-exclusive, fully-paid and royalty-free, sub licensable, and worldwide.
musicbrick.com contains content of users and other musicbrick.com licensers. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through musicbrick.com.
5. Content Posted.
musicbrick.com may delete any Content that in the sole judgment of musicbrick.com violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. musicbrick.com assumes no responsibility for monitoring musicbrick.com for inappropriate content or conduct. If at any time musicbrick.com chooses to monitor musicbrick.com, musicbrick.com assumes no responsibility for the content, no obligation remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
You are solely responsible for the Content that you post on or through any of musicbrick.com, and any material or information that you transmit to other Members and for your interactions with other Users. musicbrick.com does not endorse and has no control over the Content. Content is not necessarily reviewed by musicbrick.com prior to posting and does not necessarily reflect the opinions or policies of musicbrick.com.
We may use a user's email address to send updates, a newsletter or news regarding the service. From time to time, musicbrick.com or a partner, may sponsor a promotion or contest on musicbrick.com. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
Communications to Non-members
musicbrick.com members can invite friends to join the service by sending invitation emails via our automated invitation system. musicbrick.com stores the email addresses that members provide so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations musicbrick.com does not sell these email addresses or use them to send any other communication besides invitations, invitation reminders (up to three (3) per email address). Recipients of invitations from musicbrick.com may contact musicbrick.com to request the removal of their information from our database.
Chat Rooms, Journals and WebLogs, Message Boards, Classifieds and Public Forums
Please be aware that whenever you voluntarily post public information to journals, webLogs, message boards, classifieds or any other public forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
Correcting/Updating or Removing Information
musicbrick.com users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.
Third Party Advertising
Please be very aware you cannot post the same or similar musicbrick over and over again. You will be given a warning (of posting the same or similar musicbrick for publicity, advertising etc purposes) and the particular musicbrick/s will be deleted. Any further attempt to submit the same or similar will receive no further correspondence from musicbrick.com and your account will be terminated.