Terms & Conditions
Website terms of use
About the terms
Access to Soundandmusic.org and thesampler.org (referred to below collectively as the “website”) is provided by The Organisation for New Music and Sound trading as Sound and Music (company limited by guarantee, no. 6581022) on the following terms:
1. By accessing or using the website you agree to be legally bound by these terms and the Privacy Policy, which shall take effect immediately on your first use of the website. If you do not agree to be bound by all of the following terms and the Privacy Policy you may not access, use or contribute to either website.
2. Sound and Music may change these terms and/or our Privacy Policy from time to time so you should check them regularly. Your continued use of the website will be deemed acceptance of any changes made. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on the website (including house rules) then the latter shall prevail.
Use of the website
3. You agree to use the website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the website.
Intellectual Property
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the website and all content (including all applications) located on the website shall remain vested in Sound and Music or its licensors (which includes other users). The website content is exclusively made available to you for research, perusal, and non-commercial promotion and publicity. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the website content in any way except for your own personal, non-commercial use. You may not use the website content for performance or recording. You also agree not to adapt, alter or create a derivative work from any the website content except for your own personal, non-commercial use. Any other use of the website content requires the prior written permission of Sound and Music and any relevant licensor.
5. The names, images and logos identifying Sound and Music or third parties and their products and services are subject to copyright, design rights and trade marks of Sound and Music and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Sound and Music or any other third party.
Contributions to Sound and Music
6. By sharing any contribution (including any text, photographs, graphics, video or audio) with Sound and Music you agree to grant to Sound and Music, free of charge, irrevocable permission to use the material in any way it wants (including publishing, reproducing and distributing it, modifying and adapting it for operational and editorial reasons) for Sound and Music services in any media worldwide (including on Sound and Music's site accessed by international users). This will only be for promotional purposes rather than commercial purposes.
7. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it. However, you waive and agree not to assert any so-called moral or similar rights (whether arising under the Copyright Designs and Patents Act 1988 or otherwise) you may have in any contributions that you make. This includes waiving the rights to be identified as the author of and to prevent derogatory treatment of its contribution.
8. In order that Sound and Music can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Sound and Music permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
9. We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. Sound and Music may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects. For full details of when and how we may contact you please see Sound and Music's Privacy Policy plus any local terms where applicable.
10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Sound and Music.
11. If you do not want to grant Sound and Music the permission set out above on these terms, please do not submit or share your contribution to or with the website.
12. If you have any questions about contributing content to Sound and Music, please email info@soundandmusic.org
The website communities
13. In order to participate in and contribute to selected website communities you may be required to register with the website. Any personal information supplied to the website as part of this registration process and/or any other interaction with the website will be collected, stored and used in accordance with Sound and Music'sPrivacy Policy.
14. You agree to use the website communities in accordance with the following Community Rules. These apply across all the website community sites and services. You should, however, read the local house rules of the particular site or service you're using, as there may be some local variations to these Community Rules.
(i) About your contributions:
• Contributions must be civil and tasteful.
• No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
• No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
• Be patient: users of all ages and abilities may be taking part in the relevant the website community.
• No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
• Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
• No impersonation.
• No inappropriate (e.g. vulgar, offensive etc) user names.
• Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
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(ii) No Monitoring:
Sound and Music assumes no responsibility for monitoring contributions or any part of the website for inappropriate content or conduct. If any at time Sound and Music chooses, in its sole discretion, to monitor contributions, Sound and Music nonetheless assumes no responsibility for any contributions made by users, no obligation to modify or remove any inappropriate contributions, and no responsibility for the conduct of the user submitting any such contributions.
You are solely responsible for your contributions to the website. We do not endorse and have no control over them, they are not necessarily reviewed by us prior to publication and do not necessarily reflect our opinions or polices. We make no warranties, express or implied, as to any contribution or as to the inaccuracy and reliability and expressly disclaim any and all liability in connection with them.
If you become aware of any contributions on the website which contain materials which breach any of these terms and conditions or are objectionable in any way please contact us by email to [info@soundandmusc.org].
(iii)Your Sound and Music Account:
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
Sound and Music reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Sound and Music accounts, or if an non UK user pretends to be a UK user, or disrupts any of our services in any way.
(iii) Safety:
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any Sound and Music community.
(iv) Legal requirements:
• You may not submit or share any defamatory or illegal material of any nature in the website communities. This includes text, graphics, video or audio.
• Contributing material to a the website community with the intention of committing or promoting an illegal act is strictly prohibited.
• You agree to submit to or share with the website communities only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of Sound and Music or third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
(v) If you are under 18:
• Please get a parent's or guardian's permission before taking part in any the website community.
• Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
(vi) If you breach these Community Rules:
If you fail to abide by these Community Rules (and/or any variations in relevant local house rules) when taking part in a website community, you will be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the website or a temporary or permanent suspension of your ability to participate in any or all of the website community areas.
If you submit or share offensive or inappropriate content to or with any the website communities or anywhere else on the website or otherwise engage in any disruptive behaviour on the website, and Sound and Music considers such behaviour to be serious and/or repeated, Sound and Music may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
We reserve the right to review, store, copy, edit, reject, block, delay, suspend, remove or delete any contribution, take down any part of the website at any time and in our sole discretion or take action against any Sound and Music account, at any time, for any reason.
Disclaimers and Limitation of Liability
15. The majority of content posted in the website communities is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Sound and Music. Sound and Music are not responsible for any content posted by members of the public on the website or for the availability or content of any third party sites that are accessible through the website. Any links to third party websites from the website do not amount to any endorsement of that site by Sound and Music and any use of that site by you is at your own risk. Sound and Music shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
16. You assume total responsibility and risk for any purchases you make, or any arrangements you enter into, in connection with any products, services or events offered or advertised on the website. All such purchases or arrangements are transactions solely between you and that third party business or individual. We are not a party to any such transaction and do not endorse or recommend any such products, services of events. We accept no liability whatsoever for any loss, whether direct or indirect, arising in connection with the transaction.
17. The website content, including (but not limited to) the information, names, images, pictures, logos and icons regarding or relating to Sound and Music, its products and services (or to third party products, services, events or other information), is provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, Sound and Music excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy in respect of such content. Sound and Music does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Sound and Music is correct at the time of publication no responsibility is accepted by or on behalf of Sound and Music for any errors, omissions or inaccurate content on the website.
18. Nothing in these terms limits or excludes Sound and Music's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Sound and Music shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the website regardless of the form of action.
19. Sound and Music do not warrant that functions available on the website will be uninterrupted or error free, that defects will be corrected, or that the website, the server or any material for downloading that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
General
20. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
21. You must not attempt to interfere with the proper working of the website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
22. These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
23. If would like to contact us, please email us at [info@soundandmusic.org] or by post at [Sound and Music, 3rd Floor South Wing Somerset House, Strand, London WC2R 1LA]. If we need to contact you, we will use any of the contact details (including any email or postal address) which you have provided during any registration process. Notice will be deemed received when an email is received in full (or else on the next business days if it is received on a weekend or a public holiday in the place of receipt), or three days after the date of posting.
24. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the website or the content or services available through them, including your access to them. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.
25. The failure or delay of Sound and Music to exercise or enforce any right in these terms does not waive Sound and Music's right to enforce that right.
26. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
Contacting Sound and Music about these terms of use
Sound and Music
Oxford House
Derbyshire Street
London
E2 6HG
The Organisation for New Music and Sound
(trading as Sound and Music)
A company limited by guarantee registered in England under number 6581022
Registered office: Oxford House, Derbyshire Street, London, E2 6HG
Privacy Policy
Sound and Music is committed to protecting you and your family's personal information. We want our services to be safe and enjoyable environments for everyone. This page answers some important questions about how we can collect, use and protect your personal details.
What information does Sound and Music collect about me?
When you interact with Sound and Music we sometimes receive personal information about you.
For example, if you write to us or sign up to a newsletter, you might tell us who you are, how we can contact you and what you think of us.
How do we use your information?
You authorise us to use your personal information for the following purposes:
• To the extent reasonably necessary to provide the services which are available through the website by us or our partners
• To enable us to review, develop and improve our services and provide you and other users with relevant information about our services (eg through a newsletter or a news alert)
• To personalise the way Sound and Music content is presented to you (eg if you tell us your post code we may use this information to customise your view of the The Sampler so you get events relevant to your region.)
Your data protection choices
You can manage all your subscription options including your email notification preferences easily within your account. For example, should you wish, you can opt in or out of receiving direct marketing from us at any stage by deselecting the relevant box on your options page and saving the changes. We won't disclose your personal information to third parties for advertising or marketing purposes unless you specifically agree.
Security
We have security measures in place to ensure as far as is reasonably possible that your personal information is protected and kept confidential. However, by submitting your personal information to us, you acknowledge that we cannot guarantee the security or confidentiality of your personal information as it may be compromised by unauthorised access, hardware or software failure or other relevant factors. If you would like to find out more about our security measures, please drop us a line at [info@soundandmusc.org].
Cookies
We use cookies (see definition below) for collecting user information from the website to allow us to assess the level of use of the website at any time and use in generating website statistics to enable us to review and develop our services.
We may collect or store users’ Internet Protocol addresses (see definition below), which are automatically recognised by the webserver (see definition below), and session information such as the duration of the visit and the type of browser (see definition below) used. Such information is only used where we use cookies and for system administration of the website and to compile statistics which we use to review use of the website.
Acknowledgement
By using the website you acknowledge that you have read the terms of this privacy policy and that you consent to the collection of information from you and use of such information as described in this policy.
Definitions
“Cookies” are information files created when you visit a site and contain a unique, anonymous number. They are stored in the cookie directory of your hard drive and do not expire at the end of your session.
A “Browser” is a program used to search for and display web pages;
An “Internet Protocol address” is a technical standard which allows data to be transmitted between two devices;
A “Webserver” delivers web pages to a computer, in response to a request from a Browser;
Please address requests and questions about this or any other question about this Privacy Policy to:
The Data Protection Officer
Sound and Music, Somerset House
Strand, London
WC2R 1LA
(Email: info@soundandmusc.org).
The Organisation for New Music and Sound
(trading as Sound and Music)
A company limited by guarantee registered in England under number 6581022
Registered office: 3rd Floor South Wing Somerset House, Strand, London WC2R 1LA