WEBSITE TERMS AND CONDITIONS (Online Store, Registered Users and Forum) MUSE (www.muse.mu)
Version 1 260510
ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.muse.mu (Site) OR ANY INFORMATION CONTAINED WITHIN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").
1. Contracting parties. When you register with the Site, you are contracting with MUSE, c/o Torpack Limited, 110 Clerkenwell Workshops, 27-31 Clerkenwell Close, London EC1R 0AT. MUSE is referred to in these terms and conditions as "we", "us", "our" or MUSE. You must be at least 13 years old to register with the Site and if you are under 18 years old then you will need the permission of your parent/guardian to purchase products.
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to MUSE and to others for all activity that occurs under your registration account.
3. Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (Content) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. MUSE, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
5. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
6. Submitting Material. If you upload any material to the Site (including, without limitation, text, photographs and/or written comments) you hereby grant to us a worldwide, perpetual, non-exclusive licence to use that material in any media. You further agree to waive your moral rights for the purposes of this licence. You warrant and represent that you personally created, wrote and produced such content and all materials contained within such content. We reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site.
PURCHASING THROUGH THE ONLINE STORE
7. The Online Store. Using the Sites Online Store, you may purchase some or all of the following (individually and collectively defined as Products): (A) downloadable music, videos and other materials such as wallpaper, screensavers and logos; (B) streaming services designed to enable you to preview and/or listen to and/or watch music and videos online; and/or (C) physical CDs, DVDs, merchandise and/or tickets. Please note that we may withdraw Products from the Site at any time, sometimes at short notice.
8. Downloads. You can download each purchased downloadable Product by clicking on the download link displayed on the Order Receipt Confirmation screen. You may only transfer downloads to portable devices (e.g. mp3 players) and burn downloads to CDs for your personal and non-commercial use only. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for or in the Products, or any other Content or materials, including any rights for uses that require a synchronisation or public performance licence with respect to the underlying musical composition. You are permitted two (2) re-deliveries (i.e. 3 total downloads) of each download order previously downloaded by you. (though only the whole download order can be redelivered and individual items within that order can not be selected for re-delivery). To initiate re-delivery, either (i) click on your original download link, or (ii) contact customer services at the email address provided below, and a download link will be re-issued to you. You may not burn any audio-visual Products (e.g. video downloads) to DVDs or other storage devices. Each purchased audio-visual Product may be activated on up to three (3) PCs, in each case, for your personal use. You may transfer audio-visual Products from PCs to up to three (3) portable devices with security set at a level no less than 1000.
9. Prices and Payment. Prices (and any delivery costs) are as set out on the relevant pages of the Site. Prices are subject to change at any time. The credit and/or debit cards which we can accept for payment are as set out at the point of payment on the Site. We may change the prices for Products at any time by posting new prices on the Site. All prices are inclusive of VAT unless otherwise stated. You are responsible for payment of VAT and, if you are based outside the UK, any other applicable import duties and taxes that are levied once the Products reach your country.
10. Credit Cards. We do not store your credit card details on the Site after your order has been processed. Once your details are passed to the payments authoriser PSL, a PSL Transaction ID is issued and stored against your order which enables us to track your purchase if we need to issue a refund. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear on your credit card or bank statement under the merchant name Warner and you may receive separate order references if you purchase a mixed basket of digital and physical Products. Your credit or debit card will be charged when you confirm your order on the Site. We use encryption technologies to protect the security of your payment details and log in information whilst we process your order. Please note that downloads may be subject to data charges imposed by your internet or mobile phone provider. You are responsible for payment of such charges. For mobile downloads, we strongly recommend that you use a 3G service and that you have a mobile data tariff.
11. Making a Website Order. To order a Product:
Click on the Add To Basket icon next to the relevant Product icon;
You will then be taken to the Basket popup screen displaying the selected Product(s);
To view your full basket, click on the View Basket icon;
Once you have selected your delivery options, click on the Checkout icon and enter your billing and delivery address, and any additional notes for your order;
Click on the Proceed icon and you will be taken to the Order Summary screen, which contains a summary of your order.
If you are happy to confirm your order, click on the Confirm Purchase icon
Once your payment has been processed, the information of the Order Receipt Confirmation screen will be emailed to you at the email address you provided to us.
12. Acceptance. Your order represents an offer to us which is accepted by us only when we confirm payment from you in respect of such Product. We reserve the right to reject your order for any reason prior to acceptance.
13. Right of Cancellation. With the exception of downloads and tickets, you have the right to cancel your purchase of Product(s) from the Site and receive a full refund if you retain such Product(s) unopened and undamaged in the original sealed packaging, and notify us at the customer service email address below within seven (7) working days. In the event of cancellation, you must return the Product(s) to us unopened and undamaged within seven (7) working days of our receiving your valid cancellation notice. The date upon which the package is post-marked will determine whether you have returned the Product(s) within this time period and Products will be deemed received two days after the date of the post-mark (not including Sundays and public holidays). We will not be responsible for the costs of such return. Failure to comply with the return obligations under this clause will result in a deduction by us of the direct cost of recovering the unreturned Product(s). All refunds will be processed at our sole discretion according to the condition of the returned Product(s). Tickets and downloads purchased are non-refundable and non-exchangeable. We will not be liable to you for failures, defects or delays in delivery caused by: (a) your provision of incorrect information; (b) your mailbox being full and unable to receive Content; (c) your failure to comply with instructions for use of the Service; and/or (d) an event which is outside of our reasonable control.
14. Delivery. We will endeavour to process your order within 24 hours from receipt of payment from you. You should receive your Product within 5 working days of placing of your order. Please note that Pre-Ordered Products will be dispatched on (or no later than 3 days after) the stated release date. If there is going to be a further delay, we will notify you by email of the estimated delivery dates, whereupon you will be given the option to continue with your order or request a full refund. We are not responsible for non-delivery if you have entered your address incorrectly or if you have used foreign alphabet or non-English characters.
15. Technical Problems and Defective Products. Occasionally, technical problems may delay or prevent delivery of a purchased Product, in which case your sole remedy will be either a replacement Product or a refund, as determined by us in our sole discretion. Your statutory rights are not affected. In the event that you receive a defective physical Product, provided that you return such defective physical Product to us within seven working days of receipt, we will (on your election) either send you a replacement physical Product, or provide you with a refund. We will cover the cost of any defective physical Product returned by you up to the value of standard Royal Mail first class postage.
16. Liability. You agree that the liability of MUSE to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to MUSE for its products or services; and (2) one hundred pounds (£100). Except as set out herein, MUSE shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of MUSE.
17. Indemnity. You agree to indemnify MUSE for any loss or damage that may be incurred by MUSE, including without limitation legal fees, arising from any breach by you of any warranty herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify MUSE for all loss or damage incurred by MUSE in relation to any third party claim against MUSE for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
18. Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, MUSE") are the trade marks or trade names of MUSE or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of MUSE.
19. Termination of this Agreement. You may close your registration account at any time in accordance with the account closing procedures set out on the Site. MUSE may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
20. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by MUSE. MUSE will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud MUSE or any other parties through your use of the Site or services provided via the Site. MUSE reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
21. No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
22. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
23. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
24. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
25. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
26. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
27. Contacting Us. For enquires regarding the Online Store and returns, please view the Help & Support Centre
28. Muse Messageboard. Although the administrators and moderators of Muse Messageboard use reasonable endevaours to keep all objectionable messages off this forum, it is impossible to review all messages. Messages posted in the Forum express the views of the author and is not necessarily the views of MUSE. Neither the owners of Muse Messageboard, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.
29. Code of Conduct for User Content. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):
1. not to post content or participate in any form of online activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or which otherwise includes objectionable material;
2. not to post content which you do not have the right to use;
3. not to abuse other Users;
4. not to spam other Users or anyone else;
5. not to publish your own contact details or those of anyone else;
6. not to register more than one account for yourself or anyone else;
You acknowledge and accept that when you participate in the Forum and/or upload material to the Site, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.