Any person or entity (“User”) visiting, using or otherwise accessing the site at www.yourlocalmusician.com (the “Site”) or any of the information contained in the site agrees to and is bound by the following terms and conditions of this visitor agreement (“Agreement”):
1. www.yourlocalmusician.com together with all products, data and other materials contained in the Site (“Content”) is owned or licensed to YOUR LOCAL MUSICIAN Ltd,. YOUR LOCAL MUSICIAN Limited is referred to in this Visitor Agreement as “we”, “us”, “our” or “YOUR LOCAL MUSICIAN”.
2. Use of the Site. This Site is intended only for the purposes specified on the Site. Use of the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law and is not intended as specific commercial or legal advice. Specifically, YOUR LOCAL MUSICIAN does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. YOUR LOCAL MUSICIAN recommends that you activate a virus scan on downloaded files and that you keep a backup copy of your hard drive contents at all times.
3. Personal Data and Registration. Any personal information provided by you will be treated with appropriate care and security in accordance with our Privacy Policy. You must be register with the Site before you purchase or download any products. To register with the Site, you must agree to the terms of the Registered User Agreement the Privacy Policy, agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User.
4. Ownership of Content. YOUR LOCAL MUSICIAN, unless otherwise stated, owns or controls all relevant rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by Hong Kong or local law. All products obtained from or through YOUR LOCAL MUSICIAN are for personal use only and must not be shared with any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. Automated or other electronically-assisted downloading software (other than as provided by YOUR LOCAL MUSICIAN) may not be used in conjunction with the Site in any way and use of any such software is expressly prohibited. The Content is subject to change at any time and YOUR LOCAL MUSICIAN gives no warranty or guarantee that any particular item of Content will be available at any given time (or at all).
5. Featured Links. The Site may display or refer to links to other websites from time to time. YOUR LOCAL MUSICIAN: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk. Any other website may link to our Site, provided it links only to the homepage, does not imply any endorsement of its products or services by YOUR LOCAL MUSICIAN, does not misrepresent its relationship with or present false information about YOUR LOCAL MUSICIAN, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that YOUR LOCAL MUSICIAN reserves the right to withdraw such permission at any time and to take any other appropriate action.
6. Hacking. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by YOUR LOCAL MUSICIAN. YOUR LOCAL MUSICIAN will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud YOUR LOCAL MUSICIAN or any other parties through User’s use of the Site or services provided via the Site. YOUR LOCAL MUSICIAN reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
7. Complaints. If you believe that you are the owner of the copyright or other rights in any material(s) appearing on YOUR LOCAL MUSICIAN, and/or that ownership of the copyright or other rights in any material has been incorrectly used or represented on YOUR LOCAL MUSICIAN, please contact us via email or by post at the address written above.
8. Trade Marks. The brands, products and service names used in this Site (including without limitation, “YOUR LOCAL MUSICIAN”) are the trade marks or trade names of YOUR LOCAL MUSICIAN or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of YOUR LOCAL MUSICIAN.
9. Limitation of Liability. User agrees that the liability of YOUR LOCAL MUSICIAN to User under this Agreement shall be limited to the amount User has actually paid to YOUR LOCAL MUSICIAN for its services. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of YOUR LOCAL MUSICIAN.
10. Indemnity. User agrees to indemnify YOUR LOCAL MUSICIAN for any loss or damage that may be incurred by YOUR LOCAL MUSICIAN, including without limitation legal fees, arising from User’s use of the Site or User’s use of
any information obtained through the Site.
11. Sever-ability. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
12. Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
13. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of the United Kingdom. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of the United Kingdom.
14. Your Information. If you provide any information to the Site, you agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security. By registering with the Site and accepting this Agreement, you are also accepting and agreeing to our Privacy Policy.
15. Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. Please note that YOUR LOCAL MUSICIAN does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Whilst we always do our best to avoid it, some products may sometimes remain advertised on the Site even when no longer available. If you encounter or become aware of any objectionable content posted anywhere on the Site, please report such material (and the specific page on which it is found) to store@Your Local Musiciansounds.com.
16. Purchasing Products from YOUR LOCAL MUSICIAN. All loops, samples, sounds, tutorials and other products purchased from or through YOUR LOCAL MUSICIAN (“Products”) are for your own personal use only and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. The contract between you and YOUR LOCAL MUSICIAN for the purchase of Products is formed in each case only when we accept your payment and make such Products(s) available for you to download and/or delivery.YOUR LOCAL MUSICIAN offers a streaming service to allow you to preview certain Products. You may not record, store or otherwise use any such streamed Content other than to listen to and preview the selections offered from time to time. Due to unavoidable technical limitations, you agree that the number of individual sounds within a product description and the size of the downloaded file is based upon the highest-quality “.wav” format version of the relevant Product. Any other formats downloaded may vary in file size and number or volume of sounds contained (and in such cases, the “.wav” version may be provided free of charge with a different chosen format. In every case, YOUR LOCAL MUSICIAN will provide as many files as possible regardless of the overall size of the pack.
17. Your Use of Products. All Products (including audio packs, sample packs, sound libraries, samples libraries and other sound suites) are sold subject to the terms of the licence for use granted by us (“User Licence”). The User Licence grants you the right to use and integrate the purchased loops and/or samples within your original mixed music productions (and no additional fee or royalty is required for such integrated use). You agree and acknowledge that YOUR LOCAL MUSICIAN has a proprietary interest in all sound recordings on or within the Site and that any use by you that frustrates the purpose of this Agreement or circumvents the revenue model of YOUR LOCAL MUSICIAN (including without limitation selling, renting, or otherwise using or distributing un-integrated Content) would likely cause irreparable loss to YOUR LOCAL MUSICIAN in a way that could not be adequately compensated by damages.
18. Payment and Pricing. You may pay for any purchased items using any of our approved debit or credit cards or one of our approved e-money providers. All prices are stated in pounds sterling and are valid until altered by YOUR LOCAL MUSICIAN by posting new or varied prices on the Site. Prices are inclusive of VAT. In the event that you order Products and the price published on the Site was incorrect we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at the correct price. You agree and acknowledge that currency rates change daily and that any exchange rate quoted on the Site is merely a representation of a recent currency rate and that you will be charged according to the actual rate at the applicable time.
19. Liability. User agrees that the liability of YOUR LOCAL MUSICIAN to User under this Agreement shall be limited to the amount User has actually paid to YOUR LOCAL MUSICIAN for its products or services. Except as set out herein, we do not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of YOUR LOCAL MUSICIAN.
20. Disclaimer. All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements. YOUR LOCAL MUSICIAN cannot be held responsible for damage to any equipment, hardware or software arising from the use of any sounds or any type of data files downloaded from the YOUR LOCAL MUSICIAN web site. YOUR LOCAL MUSICIAN cannot be held responsible for any such injury or damage resulting from sounds downloaded from the YOUR LOCAL MUSICIAN web site. Playing sounds at excessive volumes could cause damage to your ears. Whilst we make all possible efforts to ensure all our files are virus free, YOUR LOCAL MUSICIAN recommends that customers activate a virus scan on files downloaded onto their computers. YOUR LOCAL MUSICIAN also recommends that you keep a backup copy of your hard drive contents at all times.
21. No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
22. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
