Terms & Conditions
About the terms
Access to The Sampler / www.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:
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.
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the website and all content located on the website shall remain vested in Sound and Music or its licensors (which includes other users).
The content of the Website is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content on the Website on a computer screen, store such content in electronic form on disk (but not on a server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from the Company.
You will remain the owner of the copyright in any original Materials that you submit or upload. The permission you have granted to us is not exclusive. You may continue to use the Materials in any way, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
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.
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 The Sampler
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, you irrevocably and unconditionally grant us a non-exclusive, worldwide, royalty-free licence free of charge, 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 [and granting licences to third parties to reproduce it]) for Sound and Music services in any media worldwide (including on Sound and Music’s site accessed by international users).
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.
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 and on this site.
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: firstname.lastname@example.org
The website communities
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
• No unlawful or objectionable content
• Be patient
• No spamming or off-topic material
• No impersonation.
• No inappropriate (e.g. vulgar, offensive etc) user names.
• Deliberate misuse of the complaints facility is not permitted
(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: email@example.com
(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 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) 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.
(iv) If you’re under 16:
• 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.
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 via email: firstname.lastname@example.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.
Sound and Music
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
Last updated – October 2016