Terms and Conditions

1 Terms and conditions of use

1.1

You must only use Scottish Music Centre’s – Youth Music Forums Scotland online portal: (http://www.ymfs.org.uk) (the “Portal”) in accordance with these terms and conditions (”Conditions of Use”). If you do not agree to these Conditions of Use you should stop using the Portal immediately.

1.2

If you choose to register to become a member by completing the sign up form on the Portal (the “Sign Up Form”), when you tick the box on the Sign Up Form to confirm that you “have read and agree to the Terms and Conditions of Use”, you are confirming to us that:

1.2.1

you are 18 or over, and that you agree to be legally bound by these Conditions of Use;


2 Registration

2.1

To register with the Portal you must complete the Sign Up Form.

2.2

If you choose to register with the Portal, you will be asked to supply certain information on the Sign Up Form. The details which you provide on the Sign Up Form must be true, complete and accurate. You agree to tell the Scottish Music Centre of any changes to your personal details by sending an email to info@ymfs.org.uk.


3 Information you provide

3.1

Where you provide information about yourself in the course of using the Portal, you allow Scottish Music Centre to use, store or disclose any such personal information in accordance with the Scottish Music Centre’s Privacy Policy (which you can view on the Portal) (“Privacy Policy”), including so that the Scottish Music Centre can provide you with access to any and all of the content of the Portal from time to time (the “On-line Information”). Any information about yourself which you provide to Scottish Music Centre either in the course of using the Portal, or by sending Scottish Music Centre e-mails, letters or messages in any other form, may be held by Scottish Music Centre in a file specific to you. The purposes for which Scottish Music Centre is permitted to use your personal information, as set out or referred to in this clause 3.1, will be called the “Purposes” in these Conditions of Use. The personal information which you provide to Scottish Music Centre will be called “Personal Information” in these Conditions of Use.

3.2

By accepting these Conditions of Use, you agree that the Personal Information may be used for the Purposes. If you would like to see what Personal Information Scottish Music Centre holds about you, or if you would like to inform Scottish Music Centre of any changes to your Personal Information, then you should send an email to info@ymfs.org.uk


4 Use of On-line Information

4.1

You are allowed to access the On-line Information, and to download, store, use and copy it for your own personal purposes, but you must not:

4.1.1

download, store, reproduce, transmit, display, copy, distribute or use the On-line Information for any other purpose; or

4.1.2

sub-license, rent, lease, transfer or attempt to assign the rights in the On-line Information to any other person; or

4.1.3

make the On-line Information available on a network; or

4.1.4

allow any other person to use the On-line Information, other than another individual, in accordance with these Conditions of Use, or

4.1.5

to be clear, and without affecting any of the other terms of this clause 4.1, use or allow any other person to use the On-line Information for commercial purposes.


5 Copyright and monitoring

5.1

The property and any copyright or other intellectual property rights in the On-line Information belong to Scottish Music Centre or other people who have allowed Scottish Music Centre use that information.

5.2

Unauthorised use of the On-line Information may breach copyright, trademark or other laws. You must keep all copyright notices and trade mark notices contained in the original On-line Information on any copy you make of that On-line Information.

5.3

You must not copy or adapt the HTML code that Scottish Music Centre creates and/or uses to generate the pages of the Portal as this is also protected by Scottish Music Centre copyright.

5.4

You must not use the Portal:
5.4.1

to transmit, distribute, store or destroy material which will be in breach of any law or regulation; or
5.4.2

in a way which will infringe the copyright, trade mark, trade secret or other intellectual property rights of others, or the privacy, confidentiality or other rights of others.


6 Content provided by you on the Portal

6.1

Although Scottish Music Centre will only use your Personal Information in accordance with clause 3, by submitting any other information to either the public or non-public areas of the Portal, including the Group, Events and Discussion features:

6.1.1

you grant Scottish Music Centre and its successors a right for no money and anywhere in the world to use, reproduce, change, adapt, publish, translate, create other works from, distribute, communicate to the public, perform and display what you have put on the Portal and/or to incorporate it in other works in any form, media or technology now known or later developed; and

6.1.2.

you permit any other user of the Portal to access, display, view, store and reproduce what you have put on the Portal for personal use only, and otherwise in accordance with these Conditions of Use. Apart from that, the owner of anything put on the Portal keeps all rights in that content, for the entire period during which these rights may exist; and

6.1.3

you guarantee that the holder of any rights in any such information which you submit to the Portal has completely and effectively given up all these rights and has validly granted to you the right to grant the rights mentioned in clauses 6.1.1 and 6.1.2.

6.2

When submitting any information to the Portal, or using the Portal in any other way:

6.2.1

you must not send any mass communications of any nature;

6.2.2

you must not use any mailbombs, trojan horses, viruses or other disruptive programs or devices;

6.2.3

you must not breach or attempt to breach the security of the Portal, and you must not engage or attempt to engage in unauthorised decryption of material owned, or made available on or through the Portal, by Scottish Music Centre.

6.3

You agree not to post on the Portal anything which is obscene, defamatory, indecent, lewd, pornographic, violent, abusive, insulting, threatening, discriminatory or harassing and you accept that in the event that any material that you post or allow to be posted onto the Portal can reasonably be considered to fall within any such category (or similar category), Scottish Music Centre will have the right to remove it from the Portal.

6.4

You understand and agree that Scottish Music Centre is entitled at any time to prevent access by you (or any other person) to the Portal in the event of any breach or alleged or suspected breach of these Conditions of Use, or of Scottish Music Centre’s policies, or in the event that Scottish Music Centre is allowed or required to do so by a law enforcement agency.

6.5

You understand that unless required by law and as specified in these Conditions of Use, Scottish Music Centre has no obligation to screen communications or information in advance and is not responsible for the screening or monitoring of any material posted by users on the Portal.

6.6

You understand that Scottish Music Centre does not guarantee the truthfulness, accuracy or reliability of communications posted by users of the Portal, or approve of any opinions expressed by any such users. You understand that any reliance on material posted by other users of the Portal will be entirely at your own risk.


7 Specific prohibited uses of the Portal

7.1

The Portal may be used only for lawful purposes and only by individuals who wish to use the On-line Information for their own personal use. Scottish Music Centre specifically prohibits any use of the Portal, and you agree not to use the Portal, for any of the following reasons:

7.1.1

deleting or changing anything posted by any other person on the Portal; or

7.1.2

taking any action which places an unreasonable or large load on the Portal’s infrastructure (e.g targeting of the portal by hackers using software to automatically bombard the site for thousands of pages soaking up bandwidth and placing a load on the server); or

7.1.3

using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Portal, other than the search engine and search agents available from Scottish Music Centre on the Portal, and other than generally available third party web browsers; or

7.1.4

attempting to decipher, decompile, disassemble or reverse engineer any of the software which makes up the Portal.


8 Scottish Music Centre’s Guarantees

Scottish Music Centre guarantees that it has the right to let you use the On-line Information in accordance with these Conditions of Use.


9 Scottish Music Centre’s Liability

9.1

You accept the Portal and the On-line Information “as is” with any faults that may be present or may develop, and where you suffer any loss or damage by using the Portal, or by viewing or using the On-line Information, to the extent permitted by law Scottish Music Centre accepts no responsibility for such loss or damage, whether due to inaccuracy, error, omission or any other cause, and whether this has been caused by Scottish Music Centre or its employees, agents or any other persons. Without affecting the generality of the first sentence of this clause 9.1, Scottish Music Centre makes no representations and gives no guarantees that any of the On-line Information is accurate, up-to-date or complete, and to the extent permitted by law Scottish Music Centre accepts no liability for any loss or damage caused by the inaccuracy or incompleteness of any of the On-line Information.

9.2

The On-line Information is not intended to address your particular requirements, or to constitute any form of advice or recommendation by Scottish Music Centre. It is therefore not intended to be relied upon by you in making any specific decisions.

9.3

Without affecting the generality of clauses 9.1 or 9.2, Scottish Music Centre makes no representations and gives no guarantees that the On-line Information is appropriate or relevant for use in locations outside the United Kingdom.

9.4

You accept that you are solely responsible for all risks associated with dealing with other users whom you contact through the Portal.

9.5

You are responsible for ensuring that your computer system will let you use the Portal and meets all relevant technical requirements to allow you to use the On-line Information.

9.6

You understand that Scottish Music Centre does not guarantee that any material available for downloading from the On-line Information will be free from infection, viruses and/or other code that may contaminate or destroy property. You are responsible for putting in place and maintaining adequate procedures and virus checks (including anti-virus, firewall and other security checks).

9.7

You understand that Scottish Music Centre may change, suspend or discontinue any part of the On-line Information, including your access to it. Unless explicitly stated otherwise, access to and use of any new features on the Portal will be subject to these Conditions of Use.

9.8

Scottish Music Centre does not guarantee that the Portal will be continuously available 24 hours per day, 7 days per week, 365 days per year but will try to keep downtime to a minimum.


10 Linked websites

When you access any other website from the Portal you understand that Scottish Music Centre has no control over the content or availability of that website. In addition, a link to any other website does not mean that Scottish Music Centre endorses or accepts any responsibility for what is on, or the use of, such a website and Scottish Music Centre will not be liable for any loss or damage caused or said to have been caused by using or relying on any content, goods or services available on or through any other website. Any concerns regarding any external link should be directed to that website’s administrator or web master.


11 Notices

11.1

All notices which are due to be given in terms of these Conditions of Use will be given by email, fax or first class mail, as follows:

11.1.1

to Scottish Music Centre at the following address: Scottish Music Centre, City Halls, Candleriggs, Glasgow, G1 1NQ.

11.1.2

to you at either the e-mail or postal address that you provide when you register to use the Portal.

11.2

Any notice will be treated as having been received when an e-mail or fax is received in full (or else on the next business day thereafter, if it is received on a weekend or a public holiday in the place of receipt), or on the third day after the date of posting in the case of notices sent by first class mail (or else on the next business day thereafter, if such third day falls on a weekend or a public holiday in the place of receipt).


12 Termination

You understand and agree that if you do not keep to these Conditions of Use, or if Scottish Music Centre is unable to verify or authenticate any information that you submit to the Portal, then Scottish Music Centre may delete your postings at any time from the Portal and may immediately suspend or terminate your registration and/or your use of the Portal.


13 General

13.1

Scottish Music Centre may transfer any or all of its rights and obligations under these Conditions of Use to any other party at any time, and is not required to inform you that it has done so or intends to do so.

13.2

Nothing in these Conditions of Use creates or will be treated as having created a partnership between you and Scottish Music Centre.

13.3

Scottish Music Centre may alter these Conditions of Use from time to time and post a new version on the Portal. Any amended version of these Conditions of Use will take effect immediately on being posted on the Portal.

13.4

These Conditions of Use, as amended from time to time in accordance with clause 13.3 (including, to be clear, the Privacy Policy and the Web Safety rules), together with your Registration Form, constitute the whole agreement between you and Scottish Music Centre.

13.5

If any provision or term of these Conditions of Use (or any part of any such provision or term) is or becomes or is declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision (or the relevant part of it) will be cut out from these Conditions of Use, but the remaining Conditions of Use will remain unaffected.

13.6

Failure by either party to exercise any right or remedy under these Conditions of Use does not mean that that party cannot rely on that right or remedy in the future, or on any other provision of these Conditions of Use.

13.7

These Conditions of Use are governed by Scots law and any dispute under or in connection with these Conditions of Use must be brought in the Scottish courts.


© 2010 Youth Music Forum Scotland


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