Terms

(The Small Print!)

This Agreement is between You and The Music Site Ltd a UK Registered Company (formerly PitchMyStuff Ltd) By creating an account on TheMusicSite.com website you are deemed to accept and agree and be bound by the terms and conditions herein.

Definitions.
The terms “You” and “Your” shall mean the individual or entity that has registered as a user of TheMusicSite.com website.

The terms “We” “Us” “Our” “the Company” “TheMusicSite.com” “TheMusicSite” and “The Music Site” shall mean the company The Music Site Ltd as owner and provider of the website www.TheMusicSite.com

The term “Agreement” shall mean this document and all details contained within and shall constitute the contract between You and The Music Site Ltd.

The term “Website” refers to the website www.TheMusicSite.com and includes all/any such URL’s that The Music Site Ltd may from time to time designate TheMusicSite.com  through the use of this website along with any other works or data necessary for TheMusicSite.com to publish, distribute, license or sell or copyright such Works which includes though not limited to, musical works, written works, spoken word works and artwork such as album covers and designs.

The term “Retailer” shall mean any entity to whom TheMusicSite.com provides copies of the Works for the license or sale.

 

Term.
This Agreement shall commence on the date you first join as a registered member on the TheMusicSite.com website and shall remain in effect until terminated by one of the parties according to its terms.

By using any of the TheMusicSite.com Tools, Features and Services and/or adding any content/contributing to the site, you are agreeing that you have read, accept and willing to abide by the Terms & Conditions of The Music Site Ltd.

 

Ownership of Works.
Subject to the Terms and Conditions within this and any other Agreement between You and Us, TheMusicSite.com acknowledges that all rights, titles and interests in and to the Works remain with You.

TheMusicSite.com protects and enforces copyright of its own creative material and respects the copyright properties of others. Materials may be made available on or via the website by users and third parties not within the control of the Company. The company will not permit materials known by us to be infringing to remain on this website. You should notify us promptly if you legitimately believe any materials on the website infringes your copyright or that of a third party. Upon receiving such notification of alleged infringement we will respond expeditiously to remove content or disable access to the alleged infringing material, or as a minimum make contact with the alleged infringing party, and will work to support a resolution of the claim between the notifying party and the alleged infringer.

 

Copyright Registration.
In order to register Work onto the Copyright Registration facility you are required to be a subscribed member of TheMusicSite.com. Work may be submitted for registration at a charge per entry or by purchasing credits for multiple entries/submissions, details of which are specified below and/or on the relevant pages on the website.

The Copyright Registration service provides unbiased, independent and verifiable evidence of the Work itself, the registered creator(s) and the date and time of registration with the TheMusicSite.com Copyright registration. It does not itself provide proof of creative copyright, but provides a means by which, in the event of an alleged infringement, you as the registered creator are able to serve independent evidence to substantiate your claim.

TheMusicSite.com Copyright registration service is a chargeable service for which We will charge You a fee relevant to the package You choose as follows unless made free of charge for promotional or other purposes for any period at the discretion of TheMusicSite.com:

Payment is required prior to submission of Copyright and to facilitate this you will be asked to choose how many copyright submissions you require. Charges vary according to the number of copyright submission credits purchased as outlined below.

If choosing multiple copyright credits We will charge You a single fee for the full amount on the date of purchase relevant to the number of credits You purchased. Any credits not used immediately will be available for subsequent submission at any time suit your own requirements.

Charges are subject to change from time to time details of which are specified in the relevant section above and/or on the relevant pages on the site.

Copyright submissions once paid for and accepted will be held on file for a period of seventy (70) years with no further charge.

Upon accepted payment your copyright submission(s) will proceed to completion and an email confirmation will be sent to your registered email address with secure details of each individual Copyright registration. Subsequent submission(s) will follow the same procedure without further payment until all credits are used.

You agree not to register work which is the intellectual property of someone else and so must represent that you are the legitimate claimant for the work for which you are to register copyright. Work submitted for Copyright Registration is accepted by Us in good faith to be the legitimate work of the registering member.

TheMusicSite.com claims no ownership, intellectual property rights, or any other rights over material submitted for Copyright Registration.

By submitting work for Copyright Registration with TheMusicSite.com, you are agreeing that you have read, accept and willing to abide by the Terms & Conditions of The Music Site Ltd.

 

Digital Distribution.
In order to register Work for Digital Distribution you are required to be a subscribed member of  TheMusicSite.com. You will be granting TheMusicSite.com non-exclusive rights in and to the content to publish and promote your Work on the Website and for the distribution, license and sale of your Works through means deemed reasonable and appropriate by Us including making portions or the whole of your Works available for performance on the Website.

TheMusicSite.com Digital Distribution is a chargeable subscribed service for which We will charge You an annual fee relevant to the distribution package You choose as follows unless made free of charge for promotional or other purposes for any period at the discretion of TheMusicSite.com.

Charges are subject to change from time to time, details of which are on the relevant pages on the site. Changes to the pricing of any chargeable service will be advertised on the website and in some circumstances may be emailed to relevant members.

By submitting work for Digital Distribution through TheMusicSite.com, you are agreeing that you have read, accept and willing to abide by the Terms & Conditions of The Music Site Ltd.

 

Fees and Payments.
You may use the Website without charge or monetary obligation to interact and access all public facilities, upload Your Works and other social network content as applicable to Your membership onto the main TheMusicSite.com website via the profile Pages and make use of all non-subscribed/non-chargeable services and facilities.

Use of Artist Tools and facilities on TheMusicSite.com.com and/or any partner sites including, but not limited to Collaboration Suite, Copyright Service , Digital Distribution, Events and Contracts, may require subscribed membership. Use of charged Artist Tools will be valid only for the period paid for. If You cancel your premium membership payment or subscription, or if You fail to renew any Premium Membership payment or subscription where necessary, the relevant Premium Service(s) to which Your payment or subscription remains outstanding will be suspended at Our discretion.

Payments made, where applicable monthly, annually or any other subscription period should be completed on time and in full. If You cancel or fail to pay the recurring payments before the end of the period You have agreed, the service to which the payment relates may be suspended at Our discretion.

If after a period of one month any payment or subscription remains unpaid, Your files may, at Our discretion, be deleted and We shall not be obliged to provide any proof that You were the owner of any content lodged with the company, including but not limited to music, text, data, links, photographs, pictures, graphics, video, and any other materials, not withstanding any obligation we maintain to retain information for any period beyond this such as Copyright registrations.

We will not undertake to provide any Artist Tools until you provide Us with the appropriate billing information and make suitable commitment to pay to Us the fees outlined in these Terms & Conditions or on the relevant pages on the site, as amended from time to time, which may be viewed in the relevant sections below.

You can cancel your premium subscriptions at any time by giving the specified period of notice where applicable via the designated methods specific to the subscription service or facility, details of which can be viewed in the relevant sections below and/or via the relevant pages on the site.

Please note that the deletion or deactivation of your TheMusicSite.com member account does not, and will not, terminate any ongoing subscriptions to any Artist Tools you are subscribed to with TheMusicSite.com and/or any partner sites. Details for terminating these subscriptions are found in the relevant sections within these Terms & Conditions or on the relevant pages on the site.

You agree to keep your email address, personal details, contact information and bank information (where relevant) up-to-date, so We can always contact You when necessary and make and/or take payments when applicable.

TheMusicSite.com may change its fee schedules upon 30 days notice of such intention, declaration of which may be given by e-mail notification to the address You provide within your account details or by posting any proposed changes on the website. If You do not terminate this Agreement before the new fees take effect You will be deemed to have agreed to the new changes. You should refer to these Terms & Conditions regularly.

 

Representations, Warranties & Restrictions of Use.

You hereby represent and warrant that You:

are at least 14 years of age and have full authority to enter into and fully perform Your obligations detailed within this Agreement

in the process of registration and usage of the website, services and facilities all information provided by You is true, accurate, complete and current and that you will promptly update your registration information as necessary such that it remains true, accurate, complete and current

own or have the worldwide rights necessary to enter into this Agreement in connection with the Works including that You have the necessary and full authority to act on behalf of any and all owners of any right, title or interest in and to the Works licenses and authorizations that You are granting pursuant to this Agreement do not infringe or violate any third party’s intellectual property or other rights

will obtain and pay for any and all clearances and licenses that may be required for the authorizations or licenses You grant in this Agreement, including without limitation royalties or other amounts due to third parties such as other performers, authors or co-authors, owners or co-owners, artists or producers, license fees, wages and consulting fees

acknowledge and agree that you are solely responsible for all materials that you post or publish on the Website including without limitation information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials

have obtained all necessary third-party consents licenses and permissions necessary to enter into and fully perform Your obligations detailed within this Agreement

will not harvest or collect email addresses or other contact information by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications or to use automated scripts to collect information from the Website

will not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website

will not falsely identify yourself as any other person or entity to or on TheMusicSite.com or otherwise misrepresent your affiliation with a person or entity, impersonate another user, forge headers or otherwise manipulate identifiers, including URLs, or disguise the source or origin of any information. If requested by TheMusicSite.com You will provide proof such as a copy of a driver’s license passport identification card or other document deemed acceptable to TheMusicSite.com to verify Your identity

will not use the Website to upload, post, email, transmit or otherwise make available any Work that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable

will not use the Website to upload, post, email, transmit or otherwise make available any unacceptable, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation

will not use the Website to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

will not use the Website to use or attempt to use another user’s account without authorization from the TheMusicSite.com or create a false identity using the Services or the Website

 

Furthermore You hereby represent and warrant that You:

will use any music files that you download and copy in compliance with the following Usage Rules…

shall be authorised to use the music files only for personal, non-commercial use

may not combine a music file with any video or image file to create a multimedia work

may not use a music file as a musical ring tone, alert or alarm in connection with a phone or phone calls

do understand and accept that the download and copy of a music file does not transfer to you any commercial or promotional use rights in the music file

do agree that your download and copy of music files constitutes your acceptance of and agreement to these Terms and Conditions and that any use of the music files other than in accordance with these Usage Rules may constitute a copyright infringement

do agree that TheMusicSite.com may use any material uploaded at any time to the site including music, lyrics, photographs and videos past or current for use at our discretion for the purposes of promoting TheMusicSite.com.

Exposure Remuneration (host free of charge) appearance, do agree, as an artist / creative talent,  if so requested in writing (email included) by Us, to provide TheMusicSite.com with no less than one exclusive interview (of a period minimum one hour) and /or photo-shoot (of a period minimum two hours) at our expense, at a suitable and mutually agreed location.

agree that the content of  said exclusive interview and/or photo-shoot, once released by Us may be used by You for your own purposes provided that any distribution or presentation in any form shall always include attribution to TheMusicSite.com

will comply with all applicable laws, rules and regulations detailed within this Agreement

TheMusicSite.com provides this website together with its services and facilities on an ‘As Is’ basis and cannot make representation or warranty that:

the website services and facilities are appropriate or continuously available for use in all locations

access to or use of the website services and facilities will be at all times uninterrupted timely secure or error free

the website services and facilities will at all times be free of viruses worms Trojan horses or other items of a damaging or destructive nature

the website services and facilities will at all times be free of errors technical problems or inaccuracies or that these will or can be repaired or corrected

the website services and facilities will at all times remain merchantable and fit for purpose

the website services and facilities will remain unchanged not least but not limited to the context of content functionality or facility

TheMusicSite.com makes no representations whatsoever about any other Internet site that you may access through our website service or facilities. By accessing a non-TheMusicSite.com Web site you acknowledge that it is independent from TheMusicSite.com and that we have no control over the content on that site

Any link to a non-TheMusicSite.com site does not mean that We endorse or accept any responsibility for the content or the us, of that site. You must take appropriate precautions to ensure that whatever you select for your use is free of items such as viruses worms Trojan horses and other items of a destructive nature

You assume all risk for any damage to Your computer system or loss of data that results from access to TheMusicSite.com or any other website including but not restricted to damage resulting from worms Trojan horses and other items of a damaging or destructive nature

 

Content
You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the Web Site including but not limited to music, text, data, links, photographs, pictures, graphics, video, and any other materials.

You hereby acknowledge and agree that any Content submitted by you or through your account will not violate or infringe upon the rights of any third party including but not limited to copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libellous, defamatory, racist or otherwise unlawful material

You represent and warrant that you have all legal rights necessary to publish any Content on the Web Site, or that you own such Content

You hereby acknowledge and agree that the Company shall at all times, at its sole discretion, possess the right to refuse to include and/or to remove or disable access to any or all of your Content.

Upon receiving such notification of alleged infringement we will respond expeditiously to remove content or disable access to the alleged infringing material and will work to support a resolution of the claim between the notifying party and the alleged infringer. TheMusicSite.com reserves the right to suspend publication and/or distribution of the Work and forwarding of any sales data or payments received from Retailers pending resolution of the claim.

You agree to cooperate fully in the defence of any such claim and We will work to support a resolution of the claim between the parties. In the event of Us becoming involved in any claim and/or litigation we reserve the right to charge costs and fees.

You hereby acknowledge and agree that The Music Site Ltd may at its sole discretion disclose any Content in order to:

a)   comply with law enforcement legal process and / or court orders

b)   settle intellectual property disputes

c)   protect the rights and safety of individuals.

 

Limitation of Liability.
TheMusicSite.com shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages including without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted records or documents, or other economic advantage, arising out of or in connection with the website, even if TheMusicSite.com has previously been advised of or reasonably could have foreseen the possibility of such damages however they arise, whether in breach of contract or in tort (including negligence) including without limitation damages due to:

1.   the use or misuse of or the inability to use this website

1.  statements or conduct of any third party on the website including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behaviour or false or fraudulent transactions

1.  content or information entered by any user or member or that you may download, use, modify or distribute and any other matter relating to the services offered through this site

 

Indemnity
You agree to defend, indemnify and hold TheMusicSite.com and its subsidiaries, affiliates, officers, directors, agents, employees, contractors and representatives harmless from any claim or demand including reasonable legal costs and fees made by any third party due to or arising out of your access to or use of the website, services and facilities including but not limited to any claim or allegation that Your Works infringed the intellectual property or other rights of a third party and similarly any claim made by You against a third party for allegedly infringing Your copyright

 

Age Restrictions
Due to the possible explicit nature of some of the content of the Website and in accordance with the Childrens Online Privacy Protection Act 1998 individuals of the age 13 and younger are prohibited from accessing the Website, services and facilities without verifiable parental consent which must be provided in hardcopy to TheMusicSite.com before any such access can be authorized.

 

Dispute Resolution
In the event of any controversy complaint or dispute by any party arising in connection with this agreement notification must be sent promptly by email to the registered email address for all parties involved detailing the full nature of such controversy complaint or dispute. Any dispute which cannot be resolved by negotiation shall be passed for mediation in accordance with Model Mediation Procedure of the Centre for Effective Dispute Resolution. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, shall be private, and shall not have preclusive effect in any proceeding involving other parties. All parties consent to venue and jurisdiction in the English courts for purposes of such action.

 

Notices
Any notice required or permitted by this Agreement shall be given to TheMusicSite.com at TheMusicSite.com support@themusicsite.com. Upon registration You will provide TheMusicSite.com with a valid e-mail address at which We can provide you with any such notice(s) required or permitted by this Agreement. In addition You agree that TheMusicSite.com can communicate all matters related to Your business relationship with Us by email to the email address provided at registration. You may change Your e-mail address for notices by updating your online user account. We may change our e-mail address for notices by sending you an e-mail or posting the new e-mail address on the Website

Amendments
TheMusicSite.com reserves the right to revise or modify the website services and facilities offered through Agreement at any time without notice. TheMusicSite.com may attempt to notify you when major changes are made to this Agreement however you should periodically review these Terms & Conditions. Your continued use of this Website following any modification or revisions to this Website or this Agreement will be deemed your acceptance of and agreement to the modifications or revisions

 

Third Party Rights.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits

 

Non-Transfer.
This agreement remains exclusively between the parties detailed and is not transferrable in full or part without the prior written agreement of both parties

 

Relationship.
Nothing in this Agreement shall create or be deemed to create a partnership or joint venture or relationship of employer and employee or principal and agent between the Parties. You and TheMusicSite.com are independent parties and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

Non-Solicitation.
During the term of this agreement and for a period of 24 months after termination neither party shall solicit any employee engaged in connection with the provision of the service(s) under this agreement without the other party’s prior written consent.

 

Force Majeure.
TheMusicSite.com shall not be held in breach of this agreement for failure to performance the duties and obligations under this agreement when occasioned by an event of force majeure including but not exclusively an act of God, fire, act of government or state, war, terrorism, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw materials energy or other supplies, labour disputes of third parties of whatever nature and any other reason beyond its control.

 

Applicable Law.
This agreement shall be governed and construed according to English Law

 

Miscellaneous.
If any provision of this Agreement is held to be invalid or unenforceable it shall be struck and the remaining provisions shall be enforced. TheMusicSite.com’s failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

This Agreement sets forth the entire understanding and agreement between the parties with respect to its subject matter.

Our website TheMusicSite.com.com is wholly owned by The Music Site Ltd a private limited company registered in England.