Terms and Conditions

Website Terms and Conditions for www.dontstopthemusic.com (“Site”)

This Site is the Incorporated Society of Musician’s (“ISM”) and James Rhodes’ platform for the Don’t Stop The Music Campaign – a nationwide campaign to improve music education in the UK. The Campaign includes, but not in limitation, this Site, and a Change.org petition (more details below). The Site is operated by ISM 4-5, Inverness Mews, London W2 3JQ. Please read these Terms carefully as they set the terms on which we make the Site available to you and your related rights and obligations.

Change.org Petition

If you’d like to add your voice to the Campaign, you can sign the Change.org petition that we have set up on Change.org and embedded from Change.org onto the Site.

Change.org power the petition for the Campaign and their terms and conditions, guidelines and privacy policy apply when you sign up to the petition so please make sure you read and are happy to accept these before you sign the petition. Any information you give as part of the petition process will be dealt with in accordance with Change.org’s privacy policy. Please note that Change.org is a US based website. Where you elect to publicly show your name, location or petition message on the change.org website, we may use and publish this information for the purposes of the Campaign, and we shall process such data in accordance with our privacy policy

Accessing the Site

  1. By accessing the Site, you agree to do so only for your own personal, non-commercial use and in accordance with these Terms and we may terminate or block your use of the Site for any conduct that we reasonably consider to be inappropriate, including for your breach of these Terms.
  2. Any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of these Terms and accordingly they take effect the moment you first use the Site. You should stop using the Site immediately if these Terms are not acceptable to you in full.
  3. You may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site's material or content, remove any copyright, trademark or other proprietary rights notices from the Site or materials originating from the Site, frame or mirror any part of the Site without our express prior written consent or permit or assist any third party to do the same.
  4. You agree to only use the Site for lawful purposes and in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is fraudulent, libellous, in breach of anyone's privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site. We reserve the right to screen, filter and/or monitor and/or remove content (if any) for this purpose.
  5. You must not: (i) knowingly introduce viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful onto the Site, (ii) gain or attempt to gain unauthorised access to the Site or tamper with, or use non-public areas of the Site, our servers, computer systems or databases, or our technical delivery systems or those of our providers; (iii) probe, scan, hack, or test the vulnerability of any system or network forming part of or connected to the Site or breach or circumvent any security or authentication measures; (iv) access or search or attempt to access or search the Site by any means (automated or otherwise) except through the search functionality provided on the Site; (v) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (vi) attack the Site with a denial of service attack or distributed denial of service attack or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site. By breaching this provision you would be committing a criminal offence. We will report any such breach to the relevant authorities and will co-operate by disclosing your identity to them. In the event of such breach, your right to use the Site will cease.

General

  1. We reserve the right to modify these Terms at any time. Any changes will be published on the Site and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
  2. We reserve the right not to proceed with the Campaign for any reason.
  3. These Terms, our Privacy Policy and Cookies Policy shall be governed by English law and any disputes will be decided only by the English courts who shall have exclusive jurisdiction.
  4. We can transfer our rights and obligations under these Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under these Terms to anyone else.
  5. You agree to indemnify us and keep us indemnified us from and against all claims, damages, demands, expenses, costs and liabilities (including legal fees) relating to or arising from any breach or suspected breach by you of the Terms or any of Change.org’s terms in respect of the petition, or your violation of any law or the rights of any third party.
  6. If you become aware of any misuse of the Site or wish to complain about any material on the Site you can email us at dontstopthemusic@ism.org or write to us at ISM, 4-5, Inverness Mews, London W2 3JQ.
  7. If any of these Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

Cookies and links to third party sites

  1. Please see our Cookies Policy here for details of the cookies that we use on the Site.
  2. The Site may include links to websites owned and/or controlled by third parties ("Third Party Sites") from time to time. You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk. These Third Party Sites may have their own terms and conditions of use which you may be required to comply with. Please read such terms and conditions of use to ensure you are willing and able to comply with them.

Intellectual Property Rights Including Copyright

  1. The names, still and audio-visual images and logos identifying James Rhodes and the Campaign on the Site, including without limitation, the Campaign Video on the Site, are the copyright of Fresh One Productions Limited. All other content on the Site is the copyright of ISM and/or our associated companies and organisations or third party partners. Nothing in the Terms shall be construed as conferring to you any licence or right under any intellectual property right of any of the above parties unless expressly stated otherwise.
  2. All copyright, trademarks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site (other than your Data (as defined in our Privacy Policy below)) shall remain at all times our property or the property of our associated partners and licensors and is protected by intellectual property law.

Availability and use of the Site

  1. We make no representation that content on the Site is appropriate or available for use at locations other than the United Kingdom and Republic of Ireland. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.
  2. The Site, information, images, logos and content relating to the Site, and/or any of our associated companies, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  3. We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any communication to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
  4. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control (b) your negligence, your breach of the Terms or failure to follow our reasonable instructions (c) any incompatibility of the Site with any other software or material on your equipment (d) any unauthorised use of the Site or (e) any other factor that is outside our reasonable control.
  5. Information, videos and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or that information is up to date, or the reliability of any information displayed or distributed through the Site. You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site at any time without notice.
  6. We do not accept any responsibility for any damage, loss, injury or disappointment suffered through your use of the Site. In no event will we or any of our third party affiliates be personally liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall we or any licensors or third party affiliates be liable for any unauthorised use of the Site.
  7. The exclusions and limitations in this section do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect your statutory rights.

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