Terms of Service
TERMS & CONDITIONS
This Website is provided by IN THE NAME OF LIMITED [for and on behalf of IN THE NAME OF RECORDINGS and IN THE NAME OF MUSIC Ltd] (together, “we/us”).
You may only use this Website in accordance with these Terms & Conditions (which include the Privacy Policy) (“T&C”). They form a legal agreement applying to all your use of this Website.
By visiting this Website you are deemed to have accepted these T&C. If you do not agree to be bound by them you must not use this Website.
TO BEGIN WITH
This Website is intended to provide information pertaining to the music, activities, artists, writers and performers featured on it and associated subjects and content.
We may update and amend these T&C from time to time at our discretion on notice to you which shall be deemed given by posting updated T&C here. We recommend you regularly check for updates to these T&C.
You will be bound by the version of the Terms and Conditions and Privacy Policy that are posted on the Website from time to time.
REGISTERING YOUR INTEREST
This Website allows you to register your contact details so that we can use them to keep you informed of content and services available here.
Your contact details will be stored in accordance with our Privacy Policy (Click Here to read our Privacy Policy).
CONTENT PROVIDED BY YOU
As you are aware, one of the key features of our Website is user generated content such as audio and audio-visual recordings, writing or “blogs”, images, reviews, gig listings, lists etc.
Although we moderate content provided by users of this Website (such as comments on blogs) we do not accept liability for any such content. If you provide content to this Website you shall ensure it is not offensive, discriminatory, inciting, defamatory, in contempt of court or infringing of any other party’s rights.
In terms of copyright content provided by users for posting on the Website, we adhere to the Creative Commons Licensing regime which provides for 6 main licenses in terms of what we and/or third party users of the Website can do with such copyright content and we leave it to the discretion of you, the provider to determine how you want your copyrights to be treated.
PLEASE NOTE THAT YOU MUST ONLY POST COPYRIGHT CONTENT ON THE WEBSITE THAT YOU OWN AND CONTROL – NOT ANY THIRD PARTY COPYRIGHT CONTENT.
Creative Commons License
There are six main licences, a very simple tool is provided on the Creative Commons website that may help in choosing what licence will be applicable http://creativecommons.org/choose/
These licences are intended to be effective on a worldwide basis, there are “ported” versions for specific countries including England and Wales which are the version(s) we recommend to content providers resident in the UK.
1. Attribution
This licence lets others distribute, remix, tweak and build upon your original work, even commercially, as long as they credit the owner for the original creation. This is the most accommodating of licences offered, in terms of what others can do with the works licensed under Attribution.
Link to England and Wales ported licence http://creativecommons.org/licenses/by/2.0/uk/
2. Attribution Share Alike
This licence lets others remix, tweak and building upon the original work even for commercial reasons, as long as they credit the owner and licence their new creations under the identical terms. This licence is often compare to open source software licences. All new works based on the original will carry the same licence, so any derivatives will also allow commercial use.
Link to England and Wales ported licence
http://creativecommons.org/licenses/by-sa/2.0/uk/
3. Attribution No Derivatives
This licence allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to the original owner.
Link to England and Wales ported licence
http://creativecommons.org/licenses/by-nd/2.0/uk/
4. Attribution Non-Commercial
This licence lets others remix, tweak and build upon the work non-commercially and although their works must also acknowledge the owner and be non-commercial, they don’t have to licence their derivative works on the same terms.
Link to England and Wales ported licence
http://creativecommons.org/licenses/by-nc/2.0/uk/
5. Attribution Non-Commercial Share Alike
This licence lets others remix, tweak and build upon the work non-commercially, as long as they credit the original owner and licence their creations under the identical terms. Others can download and redistribute the work just like the Attribution Non-Commercial No Derivatives licence, but they can also translate, make remixes, and produce new stories based on the work. All new work based on the original will carry the same licence, so any derivatives will also be non-commercial in nature.
Link to England and Wales ported licence http://creativecommons.org/licenses/by-nc-sa/2.0/uk/
6. Attribution Non-Commercial No Derivatives
This licence is the most restrictive of the six, allowing redistribution. This licence is often called the “free advertising” licence because it allows others to download the works and share them with others as long as they mention the owner and link back to him, but they can’t change them in any way or use them commercially.
Link to England and Wales ported licence
http://creativecommons.org/licenses/by-nc-nd/2.0/uk/
WE RECOMMEND THAT YOU USE THE ATTRIBUTION NON-COMMERCIAL NO DERIVATIVES LICENSE COMPETITIONS & PRIZE DRAWS, GOODS & SERVICES, THIRD PARTY WEBSITES
We disclaim liability for any third party websites accessed via this Website. Any competitions and prize draws and goods and services offered via this Website shall be subject to the terms and conditions of the relevant promoter or provider.
LIMIT OF LIABILITY
WHILE WE ENDEAVOUR TO PROVIDE ACCURATE AND UP TO DATE CONTENT AND INFORMATION, WE DISCLAIM LIABILITY FOR (WITHOUT LIMITATION) ACCURACY, COMPLETENESS, RELEVANCE, LEGALITY, OPERABILITY, AVAILABILITY, INTEGRITY, QUALITY OF INFORMATION, CONTENT, RELIABILITY OF ANY MATERIALS, PRODUCTS OR SERVICES.
INFORMATION, MATERIALS, CONTENT OR PRODUCTS ACCESSED ON OR THROUGH THIS WEBSITE ARE MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER INCLUDING, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES SUCH AS WARRANTIES RELATING TO FITNESS FOR PURPOSE, SATISFACTORY QUALITY AND REASONABLE CARE AND SKILL WHICH BUT FOR THESE T&C MIGHT HAVE HAD EFFECT.
YOU USE THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, NETWORK, MOBILE PHONE, HARDWARE OR STORED DATA OF ANY FORM THAT RESULTS FROM YOUR USE OF THE WEBSITE AND ASSOCIATED SERVICES.
YOU INDEMNIFY US AND AGREE TO KEEP US INDEMNIFIED FULLY ON DEMAND FROM ANY LIABILITY ARISING OUT OF DELETION, CORRUPTION, FAILURE TO STORE OR MIS-DELIVERY OF ANY INFORMATION OR MATERIAL OR ANY OTHER ASPECT OF THIS WEBSITE.
WE AND OUR RESPECTIVE GROUP COMPANIES, LICENSORS, AGENTS, PARTNERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES OR CONTENT SUPPLIERS AND THE INDIVIDUALS FEATURED ON THIS WEBSITE EXPRESSLY EXCLUDE LIABILITY FOR ANY CLAIM RELATING TO THIS WEBSITE OR ANY USE OR MISUSE OF OR RELIANCE ON THIS WEBSITE OR ANY ASSOCIATED SERVICE, SUCH LIMITATION OF LIABILITY SHALL APPLY, WITHOUT LIMITATION, TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), OR OTHERWISE (EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES). THE TOTAL LIABILITY TO YOU SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR SERVICES VIA THIS WEBSITE.
LINKING
This Website is provided for individual personal use only. Unless expressly agreed otherwise in writing, you may link to this Website so long as:
- you do not purport or imply that any individual or group of artists or music or other material featured on this Website endorses any products, services, organisations or persons
- you do not present any false or misleading information relating to us or any individual or group of artists or music featured on this Website.
- you do not link to the Website from a website that contains any unsuitable material (as determined by us in our sole discretion) or provide a link from the Website to any other websites which contain unsuitable material.
If you do link to or from the Website you thereby indemnify us and/or the individuals and/or group of artists featured on this Website and shall keep us and the individuals featured on this Website indemnified fully on demand from any loss or damage suffered by us or them or any of our respective group of companies, agents, partners, shareholders, directors, employees or content suppliers for any losses claims and expenses howsoever arising in connection with any breach by you of these T&C.
Ultimately, we reserve the right to revoke any express or implied right to link, and remove any link to or from this Website for any reason whatsoever, without notice.
NON-ALTERATION
If you provide a link to the Website for the purpose of easier navigation, as a favourite site or, any other reason relating to genuine personal use, then you do so subject to the following conditions:
- you do not attempt to re-present this Website or any aspect of its size, appearance, colours, text, format, structure, architecture, content or any element for any reason whatsoever
- you do not create a link to an archived version of this Website or part of it other than those archived by us and provided to the general public.
JURISDICTION
Any claims arising out of use of this Website or associated services will be governed under the Law of England and Wales.
OTHER
Any failure or delay to enforce any provision of these T&C shall not be a waiver of that provision or any other provision or remedy.
If any provision of these T&C is deemed by a regulatory authority to be unfair, unenforceable or void, it shall be deemed severable and the remainder shall remain fully enforceable.
PRIVACY POLICY
Personal Information
Personal Information is information that identifies you as an individual.
Use and storage of Personal Information
Personal Information that you provide to us during registration will be used for the purpose of informing you about the individuals and/or group of artists and/or music and/or activities featured on this website and the content and services available here.
Personal Information posted by you to this Website may be used as visible content and stored for our record-keeping and to ensure compliance with applicable laws.
We protect your Personal Information in every reasonable way. [We use industry leading database solutions, SSL certificated systems and 128bit encryption to ensure all data transfers are as secure as possible.]
If you wish to stop receiving communications from us please send an email with the subject heading “Stop communications” to [ears@itno.co.uk]. If you want to receive information about selected individuals only, please let us know and we will endeavour to accommodate your request.
Personal Information will be stored in the UK.
PLEASE NOTE
In The Name of Limited is a company registered in England with number [988 9527 30 ] at [c/o OJK Ltd, 19 Portland Place, London W1B 1PX]