COPYRIGHT AND TERMS AND CONDITIONS
All material situated on the PrimaryMusic.org.uk website remains under copyright solely owned by Steven Hall, 11 Butley
Street, Hazel Grove, Stockport, Cheshire SK7 4BL.
SERVICE LICENCES
The following sets out the licenses which PrimaryMusic.org.uk is granting you in order to use download service as set out
below.
Content Licence
PrimaryMusic.org.uk grants you a limited, revocable, non-exclusive, non-transferable licence ("Content Licence") to
download or stream digital music, sheet music and lyric content ("Content") to your personal computer or Portable
Device (as defined in paragraph 5 below and subject to your rights under these terms and conditions) solely for your
personal non-commercial use. You shall not (without limitation) copy, reproduce, "rip", distribute or use the Content in
any other manner, save as permitted by these terms and conditions.
You shall not sell, transfer, sub licence, assign, lease, modify or distribute the Content in any manner and you shall
not exploit it commercially. In addition you should not (without limitation) decompile, disassemble, or reverse engineer
the Content or modify the Content or create any derivate works of the same.
The Content Licence will continue for as long as your copy of the Content exists pursuant to and in accordance
with these terms and conditions.
In addition please note that from time to time our Content providers might amend their Content usage rules which
govern what you can and cannot do with the PrimaryMusic.org.uk service and PrimaryMusic.org.uk requests that you
act in accordance with these amended rules. You will be notified of these changes via these terms and conditions.
Any unauthorised use of the Content shall automatically terminate your rights to use any material purchased from
PrimaryMusic.org.uk and the Content Licence granted to you.
Website Access Licence
PrimaryMusic.org.uk grants you a limited, revocable, non-exclusive, non-transferable licence to access and make
personal non-commercial use of the Website ("Website Access Licence"). You shall not download (other than page
caching) or modify all or any part of the Website, with the sole exception of purchased audio or visual content.
The Web Access Licence does not permit any resale or commercial use of the Website or any part of its contents.
In addition, you are not permitted to collect or use any Content listing, descriptions or prices for any purpose, or make
any derivative use of the Website or its contents; download or copy any PrimaryMusic.org.uk Account information for
the benefit of a third party; or use data mining, robots, or similar gathering and extraction tools in relation to the
Website.
The Website and/or any portion of it may not be reproduced, duplicated, copied, sold or otherwise exploited for
commercial purposes without PrimaryMusic.org.uk express written consent. You shall not frame or utilise framing
techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form)
of the Website, its Content providers or any other affiliates from time to time without the express written consent of
PrimaryMusic.org.uk.
You shall not use any meta tags or other hidden text utilising our name or trademarks or those of PrimaryMusic.org.uk
without our express written consent.
Any unauthorised use of the Website automatically terminates the permissions and/or licences granted by us to you.
No other licence or rights except as expressly stated herein are granted.
SERVICE DESCRIPTION AND USAGE
The PrimaryMusic.org.uk service affords you the opportunity to access and experience audio and printed music/
lyrics in digital formats. PrimaryMusic.org.uk downloads maybe performed in public up to ten (10) times in total. After
which, a licence must be obtained from PrimaryMusic.org.uk, allowing a further ten (10) performances. These licences
are equal in price to the current value of the desired track available at PrimaryMusic.org.uk
"Purchased Download" A Track downloaded
to the hard drive of your computer which can either be burned to a CD or transferred to a portable device subject to the
following usage rules:
(a) Purchased Downloads may be transferred to portable devices, which shall mean a hardware device with software
(including embedded software) ("Portable Device") which enables you to export Permitted Downloads from a personal
computer for play back on a Portable Device in accordance with the provisions of these terms and conditions.
(b) You can make up to seven (7) burns per individual playlist (i.e. your chosen selection of Tracks in one (1) particular
order).
(c) You can transfer any single Purchased Download to up to five (5) secure portable devices an unlimited number of
times.
PLEASE NOTE that any attempt to circumvent any controls that we have in place to prevent additional burning and/or
transfers outside of your permitted rights will be a breach of these terms and conditions and may result in the immediate
termination of your usage of PrimaryMusic.org.uk material and may also subject you to civil and/or criminal liability.
1. "Track" a full length digital sound recording which is subject to the Content License.
2. Each Purchased Download can be licensed up to five (5) times e.g. on the same personal computer or different
personal computers.
3. The Services must be used in accordance with the usage rules and licences which are subject to change.
4. PrimaryMusic.org.uk reserves the right to monitor the number of streams, downloads and purchases that you
use/make for the purposes of calculating royalty payments, purchasing
analysis, recommendations and audit purposes.
PRICING, PAYMENT AND FREE TRIALS
1. Prices for all Subscriptions, Downloads and Streams are at the price prevailing at the time you place your
order for a Subscription, Download or Stream. Prices on the Website are inclusive of VAT and any other applicable taxes
which are charged at the prevailing rate at the time of purchase.
2. Whilst we make every effort to ensure that all prices on our Website are accurate and up to date, errors may
occur. We will make every effort to pick up any pricing errors. However, if you discover an error please do not hesitate
to contact our user support team whose contact details are set out in paragraph 16.
3. Payment can be made by Paypal.
Your Account will either be debited at the time at which you purchase the Download or Stream or shortly afterwards.
4. Moneys taken from your credit or debit card will be listed as PrimaryMusic on your credit card or bank statement.
5. Prices of all Downloads, Streams and Subscriptions are subject to change upon notice from us. Such notice may
be provided at any time by posting the changes to the PrimaryMusic.org.uk Website.
TERMINATION
1. If you fail to comply with any of the provisions of these terms and conditions, including, but not limited to
where we suspect that you have failed to comply with any of the provisions of these terms and conditions,
PrimaryMusic.org.uk may, at its sole discretion preclude access to the Services (or any part thereof), the
PrimaryMusic.org.uk Website.
We will notify you if we take any of the above actions. Details surrounding the cancellation or suspension of your
PrimaryMusic.org.uk access are contained in paragraph 8 below.
2. Preclude access to the Services (or any part thereof), the PrimaryMusic.org.uk Website.
We will notify you if we take any of the above actions. Details surrounding the cancellation or suspension of your
PrimaryMusic.org.uk access are contained in paragraph 8 below.
CANCELLING OR SUSPENDING YOUR THE PRIMARYMUSIC.ORG.UK SERVICE
PrimaryMusic.org.uk reserves the right to cancel or suspend the Services or any part thereof without notice to you. In
the event that we do cancel or suspend the Services we will use our reasonable efforts to give you at least thirty (30)
days’ prior notice by email to your most recent email address which you have provided. In the event that
cancellation is as a result of you breaching these terms and conditions, we reserve the right to terminate your Account
without notice.
WARRANTY
Usage of the PrimaryMusic.org.uk Website and/or any Service is at your own risk. The PrimaryMusic.org.uk Services and
the Website are provided on an "as is" and "as available" basis. There is no warranty, express or implied, as to the
content, quality, availability, fitness (including but not limited to technical compatibility) for a particular purpose of the
PrimaryMusic.org.uk Website or its services.
LIMITATION ON LIABILITY
We hope that you are happy with your purchases and the Services which we provide. In the unlikely event any
Download or Stream we deliver is not what you ordered or is defective, please let our customer service team know as
soon as possible, so that we can assist you with your problem.
INTELLECTUAL PROPERTY
All copyright and other intellectual property rights in any material contained in this Website is either owned by us
or has been licensed to us.
You may not remove any copyright, trademark or intellectual property notices contained on the Website or which
forms part of any Download or Stream.
MISCELLANEOUS
1. Save as expressly provided these terms and conditions are not intended to confer any benefit on a party
other than us and you. Any rights not expressly granted herein are reserved to us.
2. These terms and conditions constitute the entire agreement between you and PrimaryMusic.org.uk, and
supersedes any prior agreements between you and PrimaryMusic.org.uk, written or oral. Any
additional or different terms in any order or written communications from you to us are void.
You acknowledge and agree that you have not entered into these terms and conditions in reliance
of or to any oral or written representations made by PrimaryMusic.org.uk.
3. In the event of a direct conflict or inconsistency between these terms and conditions and other terms and
conditions that may be applicable to the Website or the Services these terms and conditions
shall prevail to the extent that such conflict relates to your use of the Services and/or Website.
4. The failure of PrimaryMusic.org.uk to exercise or enforce any right or provision of these terms and conditions will
not constitute a waiver of such right or provision.
5. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, it shall
be deemed to be severed and the other provisions will remain in full force and effect.
6. PrimaryMusic.org.uk will not be deemed to be in breach of its contract with you and will not be responsible for
failures to fulfil any obligations due to any event of force majeure including (without
limitation) acts of God, civil commotion, riots, flood, drought, fire and legislation or any other
causes beyond its control.
7. Headings are for convenience only and will not be used to alter the meaning of any provision.
GOVERNING LAW
These terms and conditions shall be governed and construed in accordance with the laws of England and you
submit to exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.
Date of Issue January 2007. (© 2007 Steven Hall)
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