Terms and conditions

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH SCOTTISHMUSICIANS.CO.UK OFFERS YOU USE OF ITS INTERACTIVE SERVICES AS DEFINED IN CLAUSE 1.1 OF THIS AGREEMENT AND ITS WEB SITES ("THE SITES"). BY USING ANY OF THE INTERACTIVE SERVICES AND/OR THE SITES YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.

1. Interactive Services

1.1 ScottishMusicians.co.uk may make available to you forums and/or other means by which communications may be made available and/or disseminated publicly; and/or competitions and/or prize draws (all together the "Interactive Services").
1.2 Sections of the Interactive Services may be operated by third parties (general public). Where such Interactive Services are operated by a third party you may be asked to supply information and/or data, where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without scottishmusicians.co.uk as a party and scottishmusicians.co.uk cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).

2. Use of the Sites and the Interactive Services The Sites and the Interactive Services are for personal and non-commercial use only. You may copy electronically and print portions of the Sites and/or the Interactive Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by any Site and/or the Interactive Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Sites and/or the Interactive Services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of scottishmusicians.co.uk is strictly prohibited. You also agree not to deep-link and/or frame to any of the Sites for any purpose, unless specifically authorised by scottishmusicians.co.uk to do so.

2.1 You agree that:
a) you shall not use the Sites or the Interactive Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm scottishmusicians.co.uk computer systems or any third party computer system; and
b) you will keep your passwords relevant to the Sites and/or the Interactive Services secure and not let them become public knowledge.
2.2 If you publish any text or graphics via the Interactive Services by way of contributions to forums, news pages or reviews, you automatically and hereby grant to scottishmusicians.co.uk a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such text or graphics into any form, medium or technology now known or hereafter developed. In addition, as between you and scottishmusicians.co.uk , you assert and waive any and all moral rights in such text or graphics.
2.3 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Sites and/or the Interactive Services is owned by scottishmusicians.co.uk and/or its respective licensors.
2.4 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Sites and/or the Interactive Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Sites, the Interactive Services and/or in any directory or other listings or information retrieval service made available on or by the Sites and/or the Interactive Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of scottishmusicians.co.uk, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Sites and/or the Interactive Services is expressly excluded to the fullest extent permitted by law.
2.5 The Sites and/or the Interactive Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and scottishmusicians.co.uk is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
2.6 In view of the vast flow of information transmitted by an Internet service provider and/or web site operator (as applicable) each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system (including, without limitation, all views and/or comments therein). Scottishmusicians.co.uk believes that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified that it is illegal. Notwithstanding, scottishmusicians.co.uk shall have the right to remove any items it believes may be illegal.
2.7 scottishmusicians.co.uk is the owner of:
a) those trade mark(s) indicated as such throughout the Sites from time to time; and
b) all other trade marks used in the Sites and/or the Interactive Service which are not licensed to it by any third party. All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
2.8 The provisions in clause 5 on Data Protection and Use of Personal Information apply in respect of your use of the Sites and/or the Interactive Services.

3. Availability and Security of the Sites and the Interactive Service 3.1 Due to the nature of the Internet, scottishmusicians.co.uk does not promise full and error free operation of the Sites and/or the Interactive Services at all times. All liability of, scottishmusicians.co.uk its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Sites and/or the Interactive Services is excluded, insofar as it is possible to do so in law. 3.2 Scottishmusicians.co.uk shall use reasonable endeavours to ensure that the Sites, the Interactive Services and any information it holds on you are kept secure. However, due to the nature of the Internet, scottishmusicians.co.uk cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that scottishmusicians.co.uk is unable to exclude such liability by law).

4. Registration Where you are asked to complete a scottishmusicians.co.uk registration form the personal details that you provide must be true, accurate and complete .

5. Data Protection and Use of Personal Information
5.1 Scottishmusicians.co.uk may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Sites and/or the Interactive Services. Where it is lawful and necessary scottishmusicians.co.uk may also monitor e-mails you send and receive.
5.2 Other than as set out elsewhere in this clause 5, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 5 by your agreement to the terms and conditions of this Agreement.

6. Payment You are responsible for all telephone charges necessary to access and use the Sites and the Interactive Services which are made available.

7. Termination Scottishmusicians.co.uk may permanently terminate your access to the Interactive Services immediately for any reason.

8. Claims Where a claim is brought against scottishmusicians.co.uk by a third party in relation to your use of the Sites and/or the Interactive Services you agree to fully reimburse scottishmusicians.co.uk for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by scottishmusicians.co.uk in or as a consequence of your breach of this Agreement and/or your use of the Sites and/or Interactive Services.

9. Force Majeure Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.

10. Notices Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.

11. Assignment
11.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without scottishmusicians.co.uk prior written consent.

12. No Waiver Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

13. Variation of Terms Scottishmusicians.co.uk reserves the right to vary this Agreement from time to time. Changes in this manner shall be deemed to have been accepted if you continue to use the Sites and/or the Interactive Services after a period of two weeks from the date of transmission 14. Law and Jurisdiction Where the Sites and/or the Interactive Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Sites and/or the Interactive Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.
15. Unfortunately,Scottishmusicians.co.uk cannot offer membership refunds once purchased.
16. For legal reasons this site is unavailable to people under the age of sixteen. Scottishmusicians.co.uk cannot accept any responsibility for anyone under sixteen years of age and will terminate any membership found to be to being operated by this age group.
17. Scottishmusicians.co.uk reserve the right to terminate any membership if there are instances of harassment towards other members or for any breach of these terms and conditions.
18. Members uploading music samples to Scottishmusicians.co.uk do so at their own risk Scottishmusicians.co.uk cannot be held responsible for any alleged piracy resulting from any music that is played within this site.

19 No part of this site may be reproduced without the prior consent of scottishmusicians.co.uk

Launch Competition Entry

ELIGIBILITY:
This competition is open to any person resident in the UK who has either a Fan, Band or Musician membership with Scottishmusicians.co.uk at the time of entry. Employees of Scottishmusicians.co.uk or its affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees’ families (defined as parents, children, siblings, spouse and life partners).

TO ENTER:
Send a blank e-mail to launchcomp@scottishmusicians.co.uk. Entries will not be returned. No purchase entry. Entry constitutes full and unconditional acceptance of these Terms and Conditions. Scottishmusicians.co.uk reserve the right to disqualify anyone in breach of these Terms and Conditions.

TIMING:
This competition runs from now until the closing date 15th May 2012. Entry e-mails must reach Scottishmusicians.co.uk no later than the closing date.

USE OF DATA:
Personal data which you provide when you enter this competition will not be used for future Scottishmusicians.co.uk marketing activity.

SELECTION OF WINNERS:
The winners will be determined by randomly selecting e-mails from our entry pool on the closing date.

PRIZE:

First prize 1 x £200 Ticketmaster Gift Voucher.
Second prizes 2 x £100 Ticketmaster Gift Vouchers.
Third prizes 4 x £25 Ticketmaster Gift Vouchers.

No cash or other alternatives available. Scottishmusicians.co.uk reserve the right to substitute a prize of equal or greater value. The prize will be sent immediately after winners have been informed.

WINNERS LIST:
The winner consents to their username being made publicly available. The winners’ names will be available for a period of 2 months after the closing date by email request.

OTHER:
No correspondence will be entered into regarding either this competition or these Terms and Conditions. In the unlikely event of a dispute, Scottishmusicians.co.uk's decision shall be final. Scottishmusicians.co.uk reserve the right to amend, modify, cancel or withdraw this competition at any time without notice.