As a visitor to www.nottsmusicnetwork.com, www.shop.nottsmusicnetwork.com and/or www.nottsmusicnetwork.com/nmnm (“NMN sites”), or a customer or member of Notts Music Network (“NMN”), or a vendor or buyer at Notts Music Centre (“NMC”), or a user of the Notts Music Network Magazine (“NMNM”), or as an advertiser advertising through any NMN service, you agree to the following Terms and Conditions.
1. Acceptance of Terms
1.1. The NMN sites and services are provided by NMN subject to the following Terms and Conditions (“TACS”), which may be updated by NMN from time to time without notice to you.
1.2. The NMN sites contain content, images, artwork, written works, photography and other data created and/or owned by NMN. You are not permitted to download or use any images, or other material from the NMN sites or use such material other than for display on those sites and third party websites where such items have been uploaded or published by NMN.
2. Description of Services
2.1. NMN currently provides a variety of services aimed at music related entities and individuals in and around the Nottinghamshire area in the United Kingdom. Services include but are not limited to: A niche, community magazine; a website membership; local music themed events; promotional YouTube Channel; an online marketplace for buyers and sellers of music related items; advertising; promotional activities for local musicians, bands and groups.
Unless explicitly stated otherwise, any new features that augment or enhance the NMN sites and services, including the release of new services, software tools or resources, shall be subject to the TACS. NMN may add, delete or change some or all of the services provided at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of the NMN sites, a Member, Magazine Subscriber, Customer, Vendor or other user.
3.1. General Notts Music Centre Terms:
- Only registered ‘Vendors’ may sell on NMC.
- Vendors receive a 90% Commission on each successful sale made in their own ‘Vendor Shop’. A Vendor account is accredited with a net revenue of 90% of the purchase amount upon the successful completion of a purchase. Vendor revenues are accumulated and paid to the Vendor on a weekly basis using PayPal.
- Vendors are 100% responsible for the postage, packaging or delivery of all physical products sold in their Vendor Shop. The Vendor may choose to incorporate this cost into the price of the product.
- Vendors are 100% responsible for any refunds associated with their own buyers.
- NMN cannot be held responsible for the failure of the Vendor to deliver on any promises made to buyers, or the level of customer support and interaction given by the Vendor. Any buyer complaints must be taken up with the Vendor in question. NMN may intervene in certain circumstances to help resolve matters amicably, but all Vendor/Buyer interactions are, finally, matters to be resolved between the Vendor and the buyer.
- Vendors may not offer items for sale that are not for sale via the shop.nottsmusicnetwork.com website; any and all items made available by the Vendor at the shop.nottsmusicnetwork.com website must be items that can be purchased at the shop.nottsmusicnetwork.com website.
- NMN retains the right to use any images and content published on the shop.nottsmusicnetwork.com website by Vendors or buyers for NMN marketing and promotion purposes.
- For security concerns, NMN may temporarily disable a Vendor’s Shop to prevent fraudulent or illicit activity. This may come as a result of security issues, or improper behavior reported by buyers.
- Vendor Shops or their individual products, may be removed by NMN for violations to these TACS, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent products/services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported to NMN
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Spam, Nonsense
- Shops/Products misleading to buyers
- Shops/Products that are removed for violations mentioned above, may result in the suspension of the Vendor’s account.
- Shops/Products may include website URLs contained within the Shop/Product description or other content areas. Shops/Products linking to websites promoting content which violates NMN’s TACS, will be removed.
- Images and videos included in a Shop’s or Product’s content areas are required to be appropriate and related to the products offered.
4. Proprietary Rights and Licenses
4.1. You acknowledge and agree that content, including but not limited to artworks, text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the NMN sites and services or information presented through the NMN sites and services by NMN, NMN members, NMC Vendors, or by advertisers is protected by NMN’s or their own copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that NMN can display images and text throughout the NMN sites and services, including the insertion of sponsor messages into messages distributed on NMN mailing lists or other forms of communication.
4.2. Except as expressly authorised by NMN, NMN members, NMC Vendors, advertisers, or other entity or individual, you agree not to copy, reproduce, republish, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from the NMN sites and services, in whole or in part.
5. External links
The NMN sites and NMNM may provide, or third parties on NMN sites or in NMNM may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by NMN of the contents on such third-party websites. As NMN has no control over the content or security of such sites and resources, you acknowledge and agree that NMN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that NMN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party websites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or webmaster.
6. Disclaimer of warranties
6.1. You expressly understand and agree that:
(a) Your use of the NMN sites and services is at your sole risk. NMN products and services are provided on an “as is” and “as available” basis and NMN and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. NMN and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, products, services, software, text, graphics, and links.
(b) NMN makes no warranty that (i) the NMN sites and services will meet your requirements, (ii) that the NMN sites and services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the NMN sites and services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the NMN sites will meet your expectations, and (v) any errors in the software or content will be corrected. Further, if your use of the website or the material results in the need for servicing or replacing equipment or data, NMN is not responsible for those costs.
(c) Any material downloaded or otherwise obtained through the use of the NMN sites and services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you through or from the NMN sites and services shall create any warranty not expressly stated in the TACS.
7.1. You agree to defend, indemnify, and hold harmless NMN and its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content, software, services or connection to the NMN sites and services or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of the NMN sites and services;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold through the medium of the NMN sites and services.
7.2. NMN shall provide notice to you promptly of any such claim, action or demand as described in paragraph 7.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
8. Limitation of Liability
8.1. Your use of the NMN sites and NMN’s products and services is at your own risk. If you are dissatisfied with any of the website’s content or NMN’s products and services or with these TACS, or any other rules or policies, your sole remedy is to discontinue use of the NMN sites and products or services and dealings with NMN.
8.2. You expressly understand and agree that NMN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NMN has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the NMN sites and services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the NMN sites and NMN; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to NMN.
8.3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 8 may not apply to you.
8.4. NMN Comment facilities, proprietary rights: Upon posting any comments at the NMN sites, you agree to grant NMN and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant NMN the right to authorise the downloading and printing in whole or in part of any material that you have posted to the website(s), by end-users for their personal use.
9. Modifications to the TACS or to the NMN sites and services
NMN reserves the right to change the TACS at any time without notice. NMN also reserves the right at any time and from time to time to modify or discontinue the NMN sites or NMN services temporarily or permanently, with or without notice to you. You agree that NMN shall not be liable to you or any third party for any modification, suspension or discontinuance of the NMN sites or NMN services.
10. Uses and Storage
You acknowledge that NMN may establish general practices and limits concerning use of the NMN sites and services. You agree that NMN has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the NMN sites and services. You further acknowledge that NMN reserves the right to change these general practices and limits at any time, in NMN’s sole discretion, with or without notice.
11.1. You agree that NMN, in the sole discretion of NMN, may terminate your password, account (or any part thereof) or use of the NMN sites or services run by NMN, and remove and archive or discard any content within the NMN sites or services run by NMN, without limitation, or take your account offline, if NMN believes that you have violated or acted inconsistently with the letter or spirit of the TACS, or you have failed to maintain ongoing/recurring payments for any NMN service. NMN may also, and at any time discontinue providing the NMN sites, services run by NMN, or any parts thereof, with or without notice. You agree that any termination of your access to the NMN sites or online services run by NMN under any provision of these TACS may be effected without prior notice, and acknowledge and agree that NMN may immediately deactivate, archive or delete your account and all related information and files in your account, and/or bar any further access to such files or the NMN sites or online services run by NMN. Further, you agree that NMN shall not be liable to you or any third-party for any termination of your access to the NMN sites or online services run by NMN.
11.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
12.1. The TACS constitute the entire agreement between you and NMN (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use certain services of NMN, third-party content, third party services or third-party software.
12.2. NMN makes no claims that the content of the NMN sites or NMNM is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access NMN sites or NMNM from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
12.3. NMN is headquartered in Nottingham, England. All legal issues arising from or related to the use of the NMN sites and services shall be construed in accordance with and determined by the laws of England. By using the NMN sites and services, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the NMN sites and the NMN services and products is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
12.4. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.