Our website is operated by the Musicians’ Union ("we/us"). Our offices are at Musicians’ Union, 60—62 Clapham Road, London SW9 0JJ. Our VAT number is GB607 9078 22.
1. ACCESS TO OUR SITE
1.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the content of our Site without notice. From time to time, we may restrict access to some parts of our Site, or our entire Site. We will not be liable if for any reason our Site is unavailable at any time or for any period.
1.3 We may amend these terms at any time. Any amendments will be posted to the website and you shall be bound by such amended terms thirty days after the date of posting or earlier upon your use of the Site.
1.4 We shall be entitled at any time to:
1.4.1 alter the design or presentation of the Site without notice to you and without incurring any liability;
1.4.2 delete, remove or suspend the whole or any part of the Site, including any Content that you provide, without notice to you and without incurring any liability;
2.1 "Content” means any information on the Site including without limitation text, photographs or other images;
2.2 “Site” means the Work Not Play web site and each page of such website from time to time;
2.4 "User" means any person using our Site and "Users", "you" and "your" shall be construed accordingly;
2.5 “We” or “Us” means the Musicians’ Union, 60—62 Clapham Road, London SW9 0JJ.
3. PROHIBITED USES
3.1 You must use the Site in a positive and responsible way, respecting the rights and position of others and only for lawful purposes. In particular, but not limited to the following, you may not use our Site:
3.1.1 in breach of any applicable local, national or international law or regulation, whether criminal or otherwise; or in a manner which would involve Us or any other person in any breach of the local, national or international law or regulation;
3.1.2 in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under the Data Protection Act 1998;
3.1.3 for the purpose of harming or attempting to harm minors in any way;
3.1.4 in any way which contravenes the virus and hacking provisions as set out in Section 7 (Viruses, Hacking and Other Offences);
3.1.5 to upload, post, email or otherwise transmit any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, insulting, false, misleading, unreliable, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
3.1.6 to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
3.1.7 to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the system;
3.1.8 to upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
3.1.9 to upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
3.1.10 to interfere with or disrupt our Site’s system or servers or networks connected to our Site’s system, or disobey any requirements, procedures, policies or regulations of networks connected to our Site’s system;
3.1.11 to collect or store personal data about other Users without their knowledge
3.1.12 to upload files which contain an active hypertext link to another web site;
3.1.13 to frame or link to the Site or any part of it, or frame third party websites, without our express permission; or
3.1.14 to promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
4. INTELLECTUAL PROPERTY RIGHTS
4.2 Any Content you make available through the Site will continue to be owned by you or your third party licensors. Please note, however, that in relation to any of your Content you grant (or will procure that the owner of the intellectual property rights in your Content grants) to us a perpetual, irrevocable, world-wide, royalty-free, transferable, non-exclusive licence (with the right to sublicence) to use, edit, alter, adapt, translate, copy, distribute, publish, continue to publish or republish your Content in any way and for any purpose.
4.3 As the licence is irrevocable, this means, for example, that it exists whether or not you remain as a User and we do not have to remove your Content even if you would like us to.
4.4 By submitting your Content you warrant that you have the right to grant to us (or have procured the grant of) the non-exclusive licence described above. This means that if you have obtained your Content from a third party, you have obtained their permission to your grant of the non-exclusive licence described above to us. Please note that we have the right to disclose your identity to any third party who is claiming that any of your Content constitutes a violation of their intellectual property rights, or of their right to privacy.
4.5 When we make use of your Content, we will credit you as the author of your Content or if you are not the author of your Content, we will credit the actual author of your Content, provided that you make us aware of the identity of the author.
4.6 You are solely responsible for your Content. Any Content you post on or via our Site is done so entirely at your own risk. You warrant that all of your Content is accurate and complete and in posting your Content you are not in breach of any applicable laws or regulations.
5. RELIANCE ON INFORMATION POSTED
We are not responsible for commentary (for example User comments/stories) and other Content posted about our Site, or on our Site and we disclaim all liability and responsibility arising from any reliance placed on such materials by any User or visitor to our Site.
6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
7. VIRUSES, HACKING AND OTHER OFFENCES
7.1 You must not misuse our Site by knowingly introducing viruses, trojans, corrupted files, worms, logic bombs or other material which is malicious or technologically harmful.
7.2 You must not attempt to gain unauthorised access to, interfere with, damage or disrupt our Site, the server, equipment or network on which our Site is stored, any software used in the provision of our Site or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would 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.
7.3 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 material posted on it, or on any website linked to it.
8. SUSPENSION AND TERMINATION
8.1.1 immediate, temporary or permanent withdrawal of your right to use our Site;
8.1.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
8.1.3 issue of a warning to you;
8.1.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
8.1.5 further legal action against you; or
8.1.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9. OUR LIABILITY
9.1 The material (including all links and embedded material of third parties) displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy, quality or suitability for any particular purpose. Information contained on our Site has been compiled and obtained from sources believed to be reliable and credible but all such information is provided ‘as is’ without warranty of any kind either from us or contributors to the site (including Users). We do not control and are not responsible for any information posted by Users (including links and embedded material of third parties). We do not warrant the accuracy of this or any other information in any respect and we cannot be held liable for any use you may make of it or any reliance you may place on it.
9.2 We hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and make no representation or warranty, express or implied, as to the accuracy or completeness or satisfactory quality or fitness for a particular purpose of the information on our Site. To the extent permitted by law, and subject to Section 9.6, we hereby expressly exclude liability for:
9.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
9.2.2 any direct, indirect or consequential loss or damage incurred by you or 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 or embedded within 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;
(g) wasted management or office time; and
(h) 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 reasonably foreseeable, provided that this condition shall not prevent claims for loss of, or damage to, your tangible property.
9.3 Every effort is made to keep the Site up and running smoothly, however we take no responsibility for, and will not be liable for, the Site being unavailable.
9.4 Any recommendation or other information on any area of the Site is used by you at your own risk. The content of the Site is for general guidance only and should not be regarded as constituting legal or business advice or opinion. Legal and business advice should be sought and taken in relation to the specific circumstances of each case and nothing appearing on this Site is intended to be a substitute for obtaining specific legal and/or business advice from a competent professional.
9.5 Although we aim to update the Site regularly, and may change the Content at any time, please be aware that Content may be out of date and we make no commitment to update or remove Content.
9.6 The provisions of this Section 9 do not limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9.7 Notwithstanding Clause 9.6, our liability under or in relation to our Site in respect of all claims (whether for negligence, breach of contract or otherwise) will be limited to £50.
10. LINKS FROM OUR SITE
Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. A link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked web site. We have no control over the contents of those sites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.
We and our Users embed content from a variety of other websites. In accordance with Section 9, we hereby disclaim all liability in respect of such third party content, posted by us or by any User.
13. JURISDICTION AND APPLICABLE LAW
13.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
15. ENTIRE AGREEMENT
16. YOUR CONCERNS
If you have any concerns about material which appears on our Site, please contact firstname.lastname@example.org.
Thank you for visiting our Site.