SHORT SUMMARY OF KEY INFORMATION FOR ALL VISITORS TO WWW.MUSICIANSUNION.ORG.UK
Your data: If you are a member of the Musicians' Union you are able to use the services on this website (for example using the Pinboard and the Members' Directory within the Members' Zone) but you will need to register with us to create an online account. If you are not already a member of the Musicians' Union, you can register your new membership and online account with us here. We will collect and store any data you provide to us when registering as an online user (for example your name, email address and membership number) for the purpose of administering your account and for publishing in the Members' Directory. If you are registering as a new member we will collect some additional information (for example, telephone contact number, address, payment details and musical background). We also store any additional information you choose to post in the course of using the Site's services (for example, in your public profile or via the Pinboard and Member to Member Forums). Apart from other users of the internet, who can view any information you choose to share via your public profile (should you decide to create one) and other members of the Musicians' Union who have registered for our Site and can access the information that you choose to post using the other interactive features of our Site, we will only share your data with third parties in very limited circumstances, including our service providers, third party business partners, and to industry agents and collecting societies in the event that royalty payments are due to you.
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 (including, should you choose to create one, your public profile) 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 your public profile (should you choose to create one) and any Content that you provide (whether or not included in your profile), without notice to you and without incurring any liability; and/or
2.1 "Content" means any information on the Site including without limitation text, photographs or other images;
2.2 "Member" means an individual who is a member of the Musicians' Union;
2.3 "Registration" means registration for the Members' login area of the Site;
2.4 "Site" means the Musicians' Union web site and each page of such website from time to time;
2.6 "User" means any person using our Site and "Users", "you" and "your" shall be construed accordingly; and
2.7 "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. Please see our User Guidelines for more information on what this means. In particular, but not limited to the following, you may not use our Site:
3.1.1 if you are under 18 years of age;
3.1.2 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;
3.1.3 in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under the Data Protection Act 1998;
3.1.4 for the purpose of harming or attempting to harm minors in any way;
3.1.5 in any way which contravenes the virus and hacking provisions as set out in Section 8 (Viruses, Hacking and Other Offences);
3.1.6 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;
3.1.7 to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
3.1.8 to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the system;
3.1.9 to upload, post, link to, frame, email or otherwise transmit any content that infringes any patent, trade secret, copyright or other proprietary rights of any party (including, for example, music videos or recordings which you do not have permission to distribute);
3.1.10 to upload, post, link to, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
3.1.11 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;
3.1.12 to collect or store personal data about other Users without their knowledge;
3.1.13 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;
3.1.14 to carry out MU election campaigning; or
3.1.15 aside from posting links to SoundCloud or YouTube as set out in Section 3.2 below:
(a) to upload files which contain an active hypertext link to another website; or
(b) to frame or link to the Site or any part of it, or frame third party websites.
3.2 You may post links in your personal profile to content contained on the SoundCloud (https://soundcloud.com) and YouTube (http://www.youtube.com) websites. However, such links and/or frames (and any other links or frames contained in your profile) must still comply with the other provisions of these Terms and Conditions and the applicable SoundCloud or YouTube terms and conditions. Please see our User Guidelines for further guidance as to which links and/or frames are appropriate.
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 sublicense) 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 registered 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
5.1 We are not responsible for commentary (for example User comments, forum posts and for the content of Members' public profiles) 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 or information by any User or visitor to our Site. In particular, we provide no warranty and accept no liability in respect of any specimen agreements (whether labelled as 'specimen' or otherwise) or guidance available on the Site.
5.2 Please note that we are not an employment agency and the purpose of the Site is not in any way to assist in the creation of a relationship of employment. In particular, no Content (including of any public profile) shall constitute an endorsement of any Member. Any employment or similar relationships are entered into entirely on your own terms and we are not in any way responsible for such relationships.
6.1 You may access the Site without registering. However, in order to further interact with the Site you may register with us. In order to register you must be a current Member. We will need to validate your e-mail address, register your account and create a user profile for you. You will be required to choose a username and password.
6.2 You are responsible for all actions taken under that username and password and shall only use the Site using your own username and password. You must use every effort to keep your password safe and should not disclose it to any other person. Except as provided in Section 6.3 below you shall not transfer your username to any other person and shall not permit, either directly or indirectly, any other person to use your username and password.
6.3 If you are unable to use or have difficulties accessing the Site of your own accord (for example by way of illness or disability), please let us know by contacting your Regional Office. We would be happy to work with you to facilitate your use and enjoyment of the Site.
6.4 You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
8. VIRUSES, HACKING AND OTHER OFFENCES
8.1 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.
8.2 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.
8.3 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.
9. SUSPENSION AND TERMINATION
9.1.1 immediate, temporary or permanent withdrawal of your right to use our Site;
9.1.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
9.1.3 immediate, temporary or permanent suspension of your public profile or deletion of the same;
9.1.4 issue of a warning to you;
9.1.5 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;
9.1.6 further legal action against you; or
9.1.7 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10. OUR LIABILITY
10.1 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, including in particular any specimen agreements or guidance, 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 our 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), nor do we control or accept responsibility for any information included in the public profiles of Members. 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.
10.2 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 10.6, we hereby expressly exclude liability for:
10.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
10.2.2 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.
10.3 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.
10.4 Any recommendation or other information on any area of the Site is used by you at your own risk. Specimen agreements (whether labelled as 'specimen' or otherwise) are strictly for information purposes only and not intended for use. 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.
10.5 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.
10.6 The provisions of this Section 10 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.
10.7 Notwithstanding Clause 10.6, 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.
11. LINKS FROM OUR SITE
11.1 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.
11.2 In particular, where links or frames have been posted by Users (including by Members in their public profiles) we shall not be responsible or liable in any way for their content or in relation to your use of the same.
We and our Users embed content from a variety of other websites. In accordance with Section 10, we hereby disclaim all liability in respect of such third party content, posted by us or by any User.
14. JURISDICTION AND APPLICABLE LAW
14.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
16. ENTIRE AGREEMENT
17. YOUR CONCERNS
17.1 If you have any concerns about material which appears on our Site, please contact Musicians' Union, 60—62 Clapham Road, London, SW9 0JJ.
17.2 If you have a specific membership enquiry or a matter specific to your career which needs to be addressed by the Musicians' Union, please contact your Regional Office.
Thank you for visiting our Site.