This Website is a new exciting music platform that is set to revolutionise the music scene by bringing fans, artists, venues and promoters together in one hub, and is, in respect of these Terms & Conditions for access by Users and use by Fans and is operated by Music Planet Live Limited whose registered office is at 198 Shirley Road, Southampton, Hampshire, United Kingdom, SO15 3FL. Music Planet Live Limited can be contacted at email@example.com.
In these Terms & Conditions, the following words shall have the following meanings:
|1.1||"Account"||Means the account created on registration of this Website by a User;|
|1.2||"Artist"||Means a User that has registered his or her details on this Website in accordance with the Artist terms & conditions;|
|1.3||"Content"||Means all photographs, text, comments, internet hyperlinks to music content or video content hosted or stored on any third party website, scripts, information, documents, graphics, digital files, mobile content, sounds, music, or audio-visual files, videos, and interactive features contained on this Website;|
|1.4||"Event"||Means a concert or performance of an Artist or a general event, concert or performance organised by MPL or a Venue/Promoter at a Venue;|
|1.5||"Fan"||Means a User that has registered his or her details on this Website in accordance with clause 3 below in order to Upload Materials onto this Website;|
|1.6||"Intellectual Property Rights"||Mean any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights), whether existing now or in the future, in any part of the world;|
|1.7||"Interactive Services"||Has the meaning set out in clause 4.7;|
|1.8||"Materials"||Mean any and all photographs, text, comments, or internet hyperlinks to music content or video content hosted or stored on any third party website, Content or other material submitted by the Fan;|
|1.9||"Media"||Means any and all multi media channels, videos, photographs, animations, sound and music contained on this Website;|
|1.10||"Membership"||Means when the Fan gains membership on registration with full access to or use of this Website;|
|1.11||"MPL"||Means Music Planet Live Limited;|
|1.12||"Music"||Means any audio files and/or sound recordings of any music, the Intellectual Property Rights in which are wholly owned by the Artist;|
|1.14||"Purchaser"||Means a Fan, Artist or Venue/Promoter that purchases Tickets;|
|1.15||"Rules"||Mean the basic rule to which Users and Fans must adhere, specifically, that all Users, Fans, Artists and Venue/Promoters must treat all other Users, Fans, Artists or Venue/Promoters with respect at all times when accessing and/or using this Website;|
|1.16||"Ticket"||Means a ticket for an Event available for purchase by Fans, Artists and Venues/Promoters;|
|1.17||"Upload"||Means uploading of Materials by Fans onto this Website;|
|1.18||"User"||Means a user accessing this Website via a computer or mobile device. The User's access to this Website will be limited to viewing Content only. In order to upload Materials to this Website, the User will have to register on this Website to become the Fan. The User may also represent a local organisation or community, in which case the User takes full responsibility for that representation;|
|1.19||"Venue"||Means a venue, including private venues, bars, nightclubs or concert halls, at which Events are hosted;|
|1.20||"Venue/Promoter"||Means a User that has registered his or her details on this Website in accordance with the Venue/Promoter terms & conditions; and|
|1.21||"Website"||Means the website with URL www.musicplanetlive.com.|
2.1. These Terms & Conditions are the legally binding Terms & Conditions on the User and the Fan in order to gain access to or use of this Website. The User or the Fan accessing or using this Website will be bound by the following:
2.1.1. The Terms & Conditions found at www.musicplanetlive.com/page/terms-and-conditions;
2.1.3. The Rules are also incorporated into these Terms & Conditions by reference.
2.2. The Fan will be required to accept these Terms & Conditions before the registration process is completed, thereby forming a valid contract with MPL.
2.4. The User may be of any age (or the legal age to accept these Terms & Conditions in the jurisdiction in which the User accesses the Website). Any User under the age of 16 (or the legal age to accept these Terms & Conditions in the jurisdiction from which the User accesses the Website) that wishes to register on this Website to become the Fan must have permission from a parent or legal guardian to be able to fully and competently enter into the conditions, obligations, affirmations and warranties set out in these Terms & Conditions. Users must at all times be honest about their age when registering. If it is proved that the User has given false information in order to become a Fan, that User will be barred for life from registering as a Fan of www.musicplanetlive.com.
2.5. Only Users and Fans that are permitted under the laws of the jurisdiction in which they access or use the Website shall be permitted to accept these Terms & Conditions and continue accessing or using this Website.
3. Membership Accounts
3.1. In order to Upload Materials onto this Website, the User will first have to become a Fan and create an Account. When registering, the User must provide accurate and complete information. In order to gain full access to or use of this Website a Fan will be able to choose a password that the Fan will need to enter on this Website along with the Fan's username. It is important that a Fan keeps the password secure and confidential. MPL will restrict the use of vulgar, inappropriate and offensive user names.
3.2. In order to gain access to such Materials, the User will first have to become a Fan, Artist or Venue/Promoter and create an Account in accordance with these Terms & Conditions, the Artist terms & conditions or the Venue/Promoter terms & conditions respectively.
3.3. In the event that the Fan becomes aware of any unauthorised access to the Fan's Account, the Fan must notify MPL immediately by sending an e-mail to: firstname.lastname@example.org.
3.4. The Fan will be solely accountable to MPL for all activities taking place in connection with the Fan's Account.
3.5. The Fan will not be entitled to use another Fan's Account without permission.
3.7. MPL will not be liable to the Fan for any losses incurred by the Fan as a result of unauthorised use of the Fan's Account. The Fan may be liable to MPL for any losses incurred by MPL due to such unauthorised use by the Fan.
4. How This Website Operates
4.1. The User may access this Website and view Content only.
4.2. The User may not search Content.
4.3. The Fan may access this Website and view Content.
4.4. The Fan may search Content by entering a global location.
4.5. The Fan will have to log onto this Website in order to use this Website to Upload Materials onto this Website.
4.6. The Fan may use this Website to:
4.6.1. Upload Materials onto this Website;
4.6.2. View Materials on this Website;
4.6.3. Update and comment on Materials already Uploaded to this Website;
4.6.4. Interact with Artists and Venue/Promoters via the Interactive Services;
4.6.5. Edit any interactions with Artists and Venue/Promoters via the Interactive Services; and
4.6.6. Purchase merchandise, CD units and digital content from third party suppliers via this Website.
4.7. Bulletin Boards, Blogs, Chatrooms & Communication Services. In respect of bulletin boards, blogs, chatrooms and communication services ("Interactive Services"), the following provisions apply to the Fan's use of this Website:
4.7.1. MPL may make Interactive Services available on this Website;
4.7.2. MPL is not obliged to monitor or moderate Materials Uploaded in connection with Interactive Services. Materials Uploaded to this Website are moderated in accordance with clause 8.7 and clause 13.1;
4.7.3. MPL may remove or edit any Materials Uploaded to any of the Interactive Services whether they are moderated or not;
4.7.4. Any Materials Uploaded by a Fan must comply with the submission standards as set out in clause 4.8.
4.8. Submission Standards. In respect of submission standards relating to Materials Uploaded and the Fan's use of the Interactive Services, the following provisions apply to the Fan's use of this Website:
4.8.1. Any Materials Uploaded or any communication between the Fan and an Artist or Venue/Promoter via the Interactive Services via this Website must conform to standards of accuracy, decency and lawfulness, which shall be applied at MPL's sole discretion, such discretion not to be applied unreasonably. In particular, the Fan warrants that any Materials Uploaded or any communication between the Fan and an Artist or Venue/Promoter via the Interactive Services via this Website is:
220.127.116.11. The Fan's own original work and lawfully submitted;
18.104.22.168. Factually accurate or the Fan's own genuinely held belief;
22.214.171.124. Provided with the necessary consent of any relevant third party;
126.96.36.199. Not defamatory or likely to give rise to an allegation of defamation;
188.8.131.52. Not offensive, obscene, sexually explicit, discriminatory or deceptive; or
184.108.40.206. Unlikely to cause offence, embarrassment or annoyance to others.
4.9. Third Party Services. In respect of the Fan's purchase of any third party services in accordance with clause 4.6.6 via this Website, the following provisions apply:
4.9.1. The Fan acknowledges and agrees that MPL is not a party to any transaction between the Fan and any third party service provider;
4.9.2. The Fan acknowledges and agrees that MPL is not responsible for the provision of the third party service and the Fan engages such third party service entirely at its own risk; and
4.9.3. MPL accepts no liability to the Fan whatsoever in respect of any third party service.
4.10. Tickets. In respect of Tickets, the following provisions apply:
4.10.1. In respect of Tickets purchased [via this Website] the Purchaser acknowledges and agrees that:
220.127.116.11. The Tickets are for personal use only;
18.104.22.168. The Tickets will not be resold or transferred to any third party;
22.214.171.124. The purchase of Tickets may be subject to a booking fee;
126.96.36.199. The purchase of Tickets may be subject to additional fees in respect of fees incurred by the [Venue/Promoter] selling the Tickets;
188.8.131.52. The Tickets may be subject to seat allocation, otherwise Tickets shall be offered for sale on a ?general admission' basis only;
184.108.40.206. The purchase of Tickets may be subject to a maximum number per order per Purchaser;
220.127.116.11. The Venue/Promoter may ask the Purchaser for evidence of the Purchaser's purchase of the Tickets when attending the Event;
18.104.22.168. The Purchaser shall provide accurate contact information to the Venue/Promoter when purchasing Tickets;
22.214.171.124. A purchase of Tickets is not considered complete until payment of the Ticket price has been made to MPL by the Purchaser;
126.96.36.199. Ticket prices are listed inclusive and exclusive of VAT;
188.8.131.52. Events may be recorded or filmed. Accordingly the Purchaser hereby consents to such recording or filming.
4.10.2. In the event that the Purchaser resells or transfers Tickets to any third party in breach of Clause 184.108.40.206, the Venue/Promoter may cancel the validity of the Tickets without prior notice, refund or liability.
4.10.3. In the event that MPL or the Venue/Promoter discovers an error in the advertised price of any Ticket, and such Ticket has been ordered by a Purchaser, MPL or the Venue/Promoter will use [its/their] reasonable endeavours to inform the Purchaser as soon as is reasonable practicable. For the avoidance of doubt, the Venue/Promoter may:
220.127.116.11. Cancel any such order of Tickets and provide the Purchaser with a full refund of the Ticket price, including any booking fee paid by the Purchaser in accordance with Clause 18.104.22.168 and any additional fees paid by the Purchaser in accordance with Clause 22.214.171.124; or
126.96.36.199. Provide the Purchaser the option of confirming the order for Tickets at the correct Ticket price.
4.10.4. Upon the purchase of Tickets by the Purchaser, Tickets may be dispatched to the Purchaser via e-mail or via [SMS/the MPL App].
4.10.5. Upon the purchase of Tickets by the Purchaser, MPL shall dispatch the Tickets to the Purchaser promptly and in accordance with Clause 4.10.4.
4.10.6. Upon the receipt of the Tickets, the Purchaser agrees to notify MPL or the Venue/Promoter immediately in the event the Tickets are erroneous, or contain any incorrect information. The Purchaser shall provide MPL or the Venue/Promoter with such notification within [24 hours] of the Purchaser's receipt of the Tickets. For the avoidance of doubt, the Venue/Promoter reserves the right to deny admittance to any Venue any Purchaser which presents a Ticket which is erroneous or contains any incorrect information.
4.10.7. For the avoidance of doubt, Events may be listed on this Website by MPL or by a Venue/Promoter.
4.11. Ticket Refunds. The Purchaser may seek a refund of the Ticket price subject to the following provisions:
4.11.1. The Purchaser may seek a refund for Tickets up to 7 days before the Event. Any refund provided to the Purchaser will be less the booking fee paid by the Purchaser.
4.11.2. In the event that an Event is cancelled as a result of circumstances outside of the control of MPL:
188.8.131.52. The Purchaser shall receive a full refund of the Ticket price;
184.108.40.206. MPL shall retain any booking fee paid by the Purchaser in accordance with Clause 220.127.116.11;
18.104.22.168. The Purchaser shall receive a full refund of any additional fees in respect of fees incurred by the [Venue/Promoter] in accordance with Clause 22.214.171.124.
4.11.3. For the avoidance of doubt, MPL does not have any control over the cancellation of any Event. In the event that an Event is cancelled, the Purchaser agrees to contact the Venue/Promoter responsible for such Event. MPL does not accept any liability whatsoever in respect of an Event.
4.12. Music & Nuu Radio. In respect of Music and Nuu Radio, the Fan acknowledges the following:
4.12.1. In order for Music to be played via the MPL Music player for the benefit of other Artists, Fans and Venue/Promoters, the Music must be Uploaded to this Website by the Artist as part of any Materials.
4.12.2. For the avoidance of doubt, any Music to be played via the MPL Music player shall be subject to these Terms & Conditions and the Artist Terms & Conditions.
4.12.3. Nuu Radio is a third party service provider and is not affiliated with MPL.
4.12.4. For the avoidance of doubt, any Music to be played via Nuu Radio as appearing on this Website shall be subject to the terms and conditions as provided by Nuu Radio.
4.12.5. For the avoidance of doubt, the Fan acknowledges and agrees that MPL is not liable to the Fan in respect of any Music played via Nuu Radio as appearing on this Website.
5. General Use Of This Website ? Permissions & Restrictions
5.1. MPL grants the User access to and the Fan access to and use of this Website provided that the User or the Fan agrees that:
5.1.1. The User or the Fan acts responsibly in using this Website and treats other Users, Fans, Artists and Venue/Promoters with respect and does not harm any other Users, Fans, Artists or Venue/Promoters or any third party, including minors;
5.1.2. The User or the Fan does not alter or modify any part of this Website, including any related technologies;
5.1.3. The User or the Fan does not access Content through any unauthorised means or technology;
5.1.4. The User or the Fan does not, in connection with this Website, commit any act of Fraud;
5.1.5. The User or the Fan does not, in connection with this Website, distribute viruses or malware or other similar harmful software code;
5.1.6. The User or the Fan does not to attempt to circumvent password or user authentication methods, including in respect of Accounts;
5.1.7. The Fan does not use this Website through any unauthorised means or technology;
5.1.8. The Fan does not use this Website to Upload Materials through any unauthorised means or technology;
5.1.9. The Fan does not use this Website to promote unsolicited advertising, or "spam";
5.1.10. The Fan does not use this Website to promote any unlawful activity;
5.1.11. The Fan does not use this Website to simulate communications from MPL or another service or third party entity in order to collect identity information, authentication credentials, or other information, or "phishing";
5.1.12. The Fan does not use this Website in any manner that disrupts the operation of this Website, MPL's business or the website or business of any other third party entity;
5.1.13. The Fan does not use this Website to represent or suggest that MPL endorses any other business, product or service unless MPL has separately agreed to do so in writing;
5.1.14. The Fan does not use this Website to gain unauthorised access to or use of computers, data, systems, Accounts or networks;
5.1.15. The Fan does not exploit this Website by Uploading Materials for any commercial activity, without the prior written authorisation of MPL. Commercial activity includes, but is not limited to:
126.96.36.199. Except as provided for in these Terms & Conditions, sale or access to this Website or its services on another website;
188.8.131.52. Except as provided for in these Terms & Conditions, sale of advertisements on any website targeted to the Materials Uploaded onto this Website or the Content;
184.108.40.206. Such other activities that MPL may specify from time to time.
5.2. For the avoidance of doubt, in respect of clause 5.1.15, commercial activity does not include:
5.2.1. Uploading original Materials to this Website to submit comments on Artists or Venue/Promoters; or
5.2.2. Uploading original Materials to this Website to submit messages to Artists or Venue/Promoters;
5.2.3. Any use that MPL expressly authorises in writing.
5.3. The User or the Fan must not impersonate another person's identity or misrepresent the User's or the Fan's own identity or affiliation including using another's personal details, password, Account name, photo, e-mail address or other such information held as part of the Fan's Account.
5.4. The Fan must not Upload any copyrighted Materials owned by a third party and all Materials Uploaded by the Fan must be original.
6. Use Of Content On This Website
6.1. In addition to these Terms & Conditions, the following restrictions and conditions apply directly to the User and the Fan accessing or using Content or this Website, or Uploading Materials on this Website respectively:
6.1.1. MPL owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, except Content arising out of or in connection with Materials uploaded by Fans;
6.1.2. The User or the Fan will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content on this Website whatsoever without the prior written consent of MPL, except where the Website is configured to enable a download, whereupon the Fan may download one copy to a single computer for home-usage. MPL is not responsible for the websites to which MPL is linked and does not assume any affiliation with any other websites unless otherwise stated;
6.1.3. The Fan will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Materials from this Website, except Materials owned by or licensed to such Fan;
6.1.4. The Fan will be prohibited from Uploading any Materials that are not original and owned or licensed to the Fan for use on this Website;
6.1.5. For the avoidance of doubt, any comments made and Uploaded to this Website by the Fan are made in the Fan's personal capacity and MPL shall not be liable in anyway whatsoever for the display, broadcast, sale, dissemination, reproduction or exploitation of any such comments;
6.1.6. For the avoidance of doubt, MPL does not own any Content on this Website which arises out of or in connection with Music uploaded by any Artist;
6.1.7. For the avoidance of doubt, Artists are prohibited from Uploading any Materials, including, but not limited to, any Music, that are not original and owned or licensed to the Artist for use on this Website.
7. Ownership Of Intellectual Property Rights
7.1. This Website and any and all Intellectual Property Rights are owned by MPL save in respect of any Intellectual Property Rights belonging to any licensor, advertisers, partners, investors, sponsors of this Website or any Fans, Artists or Venue/Promoters.
7.2. The User or the Fan may not use MPL's trade marks, logos or trade names except in accordance with these Terms & Conditions. Where MPL gives permission to use our trade marks, logos or trade names, the User or the Fan shall do so only in accordance with our brand guidelines, which are available upon request. Any such request should be made via e-mail to: email@example.com.
7.3. MPL does not own any Intellectual Property Rights arising out of or in connection with any Materials, including, but not limited to, any Music.
8. Use Of Materials Uploaded
8.1. The Fan may Upload Materials onto this Website. Once the Fan Uploads any Materials to this Website, the Fan will retain all ownership in the Intellectual Property Rights in the Content arising out of or in connection with such Materials, provided the Fan is the owner of such rights.
8.2. The Fan acknowledges, represents and warrants that:
8.2.1. The Fan has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable MPL and its successors or assigns to display, broadcast, use, reproduce, prepare derivative works of, perform any and all of the Materials Uploaded by the Fan in connection with this Website, in any Media or disseminate or distribute such Materials Uploaded by the Fan in connection with this Website.
8.2.2. The Fan will be solely responsible for the content of Materials Uploaded to this Website by the Fan and for any consequential losses including any loss of profit or loss of business by MPL that may arise from Uploading such Materials by the Fan. We shall not be liable to the Fan, or person claiming through any Fan for any disclosure or exploitation of the Materials being Uploaded onto the Website.
8.3. Prohibited Material. The Fan will not Upload or store on this Website any Materials which may violate any third party's or MPL's Intellectual Property Rights, which violates the laws of the United Kingdom or which is inaccurate, lewd, offensive, defamatory, harassing, derogatory or otherwise objectionable. The Fan will not Upload or store on this Website any Materials which may violate the laws of the country in which the Fan accesses or uses this Website or Uploads Materials onto this Website.
8.4. Licence, Representation and Warranty.
8.4.1. By Uploading Materials to this Website, the Fan hereby grants to MPL an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any and all of the Materials Uploaded by the Fan in connection with this Website, MPL and its successors' business or assigns, including without limitation, for promoting and redistributing part or all of this Website (and derivative works thereof) in any media format and through any Media without any requirement of prior permission from the Fan, with or without being attributed to the Fan.
8.4.2. For the avoidance of doubt, the Fan acknowledges that in the event that the Artist Uploads Music to this Website, the Artist hereby grants to MPL an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any and all of the Music Uploaded by the Artist via the MPL Music player.
8.4.3. The Fan hereby grants to each Fan, Artist or Venue/Promoter of this Website a non-exclusive licence to access the Materials through this Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of this Website and under these Terms & Conditions or the Artist terms & conditions or the Venue/Promoter terms & conditions respectively. The foregoing licence granted by the Fan will terminate once the Fan or MPL removes or deletes Materials or any part thereof from this Website.
8.4.4. For the avoidance of doubt, the Fan acknowledges that in the event that the Artist Uploads Music to this Website, the Artist hereby grants to each Artist, Fan or Venue/Promoter of this Website a non-exclusive licence to access the Music via the MPL Music player, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of this Website and under these Terms & Conditions or the Fan terms & conditions or the Venue/Promoter terms & conditions respectively. The foregoing licence granted by the Artist will terminate once the Artist or MPL removes or deletes Music from this Website.
8.5. Removal Right. All Materials that are Uploaded by Fans are subject to approval by MPL or the moderators of this Website from time to time. Content will be checked by MPL and moderators of this Website on a random basis. The Fan expressly agrees that MPL may remove, disable or restrict access to or the availability of any Materials from this Website (including, but not limited to, Materials which the Fan has Uploaded or posted or stored) which MPL believes, in good faith and in MPL's discretion, to violate MPL's Terms & Conditions. Prohibited Content includes but is not limited to Materials which are:
8.5.1. Patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.5.2. Harasses or advocates harassment of another individual(s);
8.5.3. Exploits people in a sexual or violent manner;
8.5.4. Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5.5. Solicits confidential or personal information from anyone under 18;
8.5.6. Publicly posts information that poses or creates a privacy or security risk to any person;
8.5.7. Constitutes or promotes information that the Fan knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.5.8. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging or "spamming" or "phishing";
8.5.9. Involves the use of MPL's domain name as a pseudonymous return e-mail address for any communications which the Fan transmits from another location or through another person, compromises any right of a third party such as copyright infringement, patent, trademarks, and other proprietary rights, or distributing another's personal information without their personal permission, or for publicity;
8.5.10. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.5.11. 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, theft, child pornography, sexual assault, violating someone's privacy, or providing or creating computer viruses;
8.5.12. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users, Fans, Artists or Venue/Promoters;
8.5.13. Involves commercial activities and/or sales without prior written consent from MPL;
8.5.14. In respect of any Music Uploaded to this Website, unoriginal to the Artist that has Uploaded such Music; or
8.5.15. In respect of any Music Uploaded to this Website, Uploaded without the permission of the owner of the Intellectual Property Rights arising out of or in connection with such Music.
8.6. MPL is under no obligation to any User or any Fan and therefore may refuse to remove any Materials from this Website.
8.7. For the avoidance of doubt, the presence of the moderators of this Website shall not place any obligation on MPL or the moderators to identify Materials that are prohibited in the country in which the Fan Uploads Materials or accesses the Website.
9. Termination Right
9.1. The licences granted by the Fan in clause 8.4 above, will terminate when the Fan removes or deletes Materials from this Website. In the event that the Fan elects to terminate the Fan's legal agreement with MPL, the above licences granted by the Fan in the Materials that are not removed or deleted by the Fan prior to the Fan closing the Fan's Account are perpetual and irrevocable, but are otherwise without prejudice to the Fan's ownerships rights.
10. Disclaimer Of Materials
10.1. MPL does not endorse the content of any Materials, opinion, recommendation or advice Uploaded onto this Website by the Fan and expressly excludes any and all liability in connection with the Uploading of such Materials by the Fan.
10.2. For the avoidance of doubt, MPL does not endorse any Music Uploaded onto this Website by the Artist, and expressly excludes any and all liability in connection with the Uploading of such Music by the Artist.
10.3. For the avoidance of doubt, MPL does not provide any warranty to any User, Artist, Fan or Venue/Promoter as to the origin and/or ownership of the Music uploaded to this Website by any Artist or the ownership of the Intellectual Property Rights arising out of or in connection with such Music. MPL accepts no liability to any User, Artist, Fan or Venue/Promoter or any other third party in connection with any Artist's Uploading of Music to this Website.
11. Limitation Of Liability
11.1. It is MPL's policy not to tolerate any acts involving the infringement of Intellectual Property Rights or violations of the laws of the United Kingdom or any other applicable laws. MPL will use all reasonable endeavours to remove, disable, or restrict access to or availability of Materials, including, but not limited to, any Music, that MPL considers to be subjective and view as infringing. The provisions of clause 7 are intended to implement these Terms & Conditions but do not impose a contractual obligation on MPL to undertake, or refrain from undertaking, any particular course of conduct.
12.1. Under no circumstances shall MPL, its officers, directors, employees, or agents be liable to Users or Fans in the event that any Content on this Website Uploaded by any Fan is held to infringe any third party's Intellectual Property Rights.
12.2. MPL, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Content or Materials Uploaded by any Fans on this Website.
12.3. Under no circumstances will MPL, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage.
12.4. Under no circumstances shall MPL, its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
12.5. The Fan agrees to indemnify and keep MPL indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Fan's use of this Website.
13. Complaint Procedures & Disputes
13.1.1. The nature of the right infringed or violated (including the registration numbers of any registered trade marks or patents allegedly infringed), or the user name of the false or inaccurate Account, or the nature of the general complaint;
13.1.2. All facts which lead the User or the Fan to believe that a right has been violated or infringed;
13.1.3. The precise location where any related offending Materials are located;
13.1.4. Any grounds on which the User or the Fan believes that the Fan that Uploaded the Materials was not authorised to do so or did not have a valid defence (including the defence of fair use); and
13.1.5. If known, the identity of the person or persons who Uploaded the infringing or offending Materials.
13.2. MPL reserves the right, but has no obligation to remove any Materials except where MPL is obligated under the law and reserves the right to remove any Materials, whenever, and for no reason whatsoever.
13.3. MPL will try to resolve any dispute between MPL and the User or Fan quickly and efficiently. If the dispute cannot be resolved using MPL's complaint handling procedure, MPL will:
13.3.1. Inform the User or the Fan that the complaint cannot be resolved internally;
13.3.2. Inform the User or the Fan of any relevant information required by law about MPL's alternative dispute resolution provider.
14.1. Subject to clause 12.5 and clause 12.6, the Fan agrees to defend, indemnify and hold harmless MPL, its officers, directors, employees, and agents from and against all claims which may be asserted against MPL, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
14.1.1. The Fan's use of this Website; and
14.1.2. The Fan's violations of these Terms & Conditions.
15. Data Protection & Confidentiality
15.1. MPL has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions.
16. Links & Third Party Websites
16.1. This Website provides links to other third party sites on the internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of MPL, and by continuing to access or use this Website the User or the Fan acknowledges and agrees that MPL is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by MPL or any association with their operators.
16.2. By using a third party website, the User or the Fan expressly relieves MPL of any and all liabilities arising from such use.
16.3. The User or the Fan acknowledges and agrees that MPL is not responsible for the availability of any third party websites. Furthermore, MPL does not endorse any advertising, products or other materials available from any third party websites.
16.4. The User or the Fan acknowledges and agrees that MPL is not liable for any loss or damage which may be incurred by Users or Fans as a result of the availability of any third party websites, or as a result of any reliance placed by Users or Fans on the completeness or accuracy of any advertising, products or other materials available from any third party websites.
16.5. The Fan may create a link to this Website from another third party website without MPL's prior written consent provided no such link:
16.5.1. Creates a frame or any other browser or border environment around the content of this Website;
16.5.2. Implies that MPL endorses any third party products or services or any of the products or services of, or available through, the website on which the Fan places a link to this Website;
16.5.3. Displays any of the trade marks or logos used on this Website without MPL's permission or that of the owner of such trade marks or logos; or
16.5.4. Is placed on a website that itself does not meet the acceptable use requirements of these Terms & Conditions.
16.6. For the avoidance of doubt, MPL reserves the right to require the Fan to immediately remove any link to this Website that may have been created by the Fan on another third party website at any time, and the Fan agrees to immediately comply with any request by MPL to remove any such link.
17. Website Availability
17.1. MPL will endeavour to have this Website running efficiently and accessible at all times. However, Users or Fans will be notified on the homepage of this Website of any times when the Website may be unavailable due to scheduled maintenance work.
17.2. MPL will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
17.3. Neither MPL nor any other party has control over the internet which is a global decentralised network of computer systems. Interruptions to this Website's availability may occur due to causes beyond the control of MPL, such as system malfunction or failures of third parties. In these circumstances, MPL will use its reasonable endeavours to restore the service as soon as reasonably practicable.
18.1. These Terms & Conditions will apply until terminated by either the Fan or MPL in accordance with clauses 18.2 or 18.3 below.
18.2. In the event that the Fan wishes to terminate the legal agreement with MPL, the Fan may do so at any time by notifying MPL and closing the Fan's Account. The Fan's notice should be sent via e-mail to firstname.lastname@example.org.
18.3. MPL may terminate its legal agreement with the Fan immediately if:
18.3.2. MPL is required to do so by law;
18.3.3. MPL elects to terminate access to this Website to Fans situated in the country in which the Fan is resident or from which the Fan wishes to access this Website;
18.3.4. The Fan Uploads any unlawful or offensive Materials or any Materials containing any libellous statements;
18.3.5. The Fan is found to be manipulating this Website by carrying out activities including, but not limited to, hacking, using Trojan programmes, attempting to launch automated systems, spiders or offline readers;
18.3.6. The Fan attempts to harvest personal information located on this Website;
18.3.7. The Fan uses the Website for non-agreed commercial purposes;
18.3.8. The Fan exhibits any other unreasonable behaviour that threatens this website; or
18.3.9. The Fan requests to be de-registered.
18.4. For the avoidance of doubt, termination in accordance with clause 18.3.1, by MPL may result in legal action being brought against the Fan.
18.5. For the avoidance of doubt, if the Fan de-registers in accordance with clause 18.3.9, MPL, its directors, staff or, agents will not be responsible for the accuracy of any Materials Uploaded to this Website by the Fan which remain on this Website.
18.6. Upon termination, all of the legal rights, obligations and liabilities that the Fan and MPL have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of clause 13.1 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.
19. Website Disclaimer
19.1. MPL makes no representations that Materials on this Website are appropriate in locations outside of the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Users and Fans of this Website who choose to access or use this Website from other locations will be doing so on their own initiative and will be responsible for compliance with domestic laws.
19.2. MPL disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title and non-infringement. This Website is made available to Users or Fans "as is" without any warranties whatsoever about the nature, accuracy (either when posted or as a result of the passage of time) of any Materials on this Website.
19.3. MPL shall not be responsible for any comments made by Fans, Artists or Venue/Promoters on this Website, whether general or specific, and the Fan agrees to indemnify MPL in accordance with clause 12.6 and clause 14.1 in respect of any actions or claims against MPL arising in accordance with this clause.
20. Entire Agreement & Severability
20.2. If any clause of these Terms & Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the User or the Fan breaches these Terms & Conditions and MPL takes no action against the User or the Fan, MPL will not be considered to have given up its rights to pursue in relation to the alleged or actual breach according to these Terms & Conditions.
21. Force Majeure
21.1. MPL shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
21.1.1. Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
21.1.2. War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
21.1.3. Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of any third party utility service.
22.1. These Terms & Conditions shall be governed by the laws of England and Wales and the User or the Fan agrees to submit to the exclusive jurisdiction of the English courts. The User or the Fan accepts that nothing in this clause shall prevent MPL from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.
Date of latest amendment: 17/11/17.