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TERMS OF USE

Metropolismusic.com is operated by Metropolis Music Ltd ("our", "us" and "we") We're a company registered in England and Wales with registration number 10486267. Our registered office is 30 St John Street, London EC1M 4AY and our VAT number is 255639086. Our postal address is 30 St John Street, London EC1M 4AY. info@metropolismusic.com is our email address. Metropolis Music Limited is our trading name. 

These are the Metropolismusic.com terms and conditions (the "Conditions"), which apply to the use of the Metropolismusic.com by end users. By accessing Metropolismusic.com, you agree to be bound by the Conditions. Metropolismusic.com is provided for the benefit of residents of the United Kingdom who are over the age of 18.If you are not a UK resident, over the age of 18 or do not agree to be bound by the Conditions, you may not use or access Metropolismusic.com and we will have the right to restrict or prevent your access to Metropolismusic.com. If there is anything that you do not understand please feel free to email any enquiry to us at info@Metropolismusic.com

 

1 YOUR OBLIGATIONS

1.1 You will not:

  • (a) use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
  • (b) upload or transmit through the Website (whether by way of User Submission (as defined below) or otherwise)
    • (i) any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or
    • (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
  • (c) use the Website in a manner which
    • (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or
    • (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
  • (d) create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website;
  • (e) copy or distribute any part of the Website in any medium without our prior written consent; and
  • (f) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

1.2 You agree that in the event that you have any right, claim or action against any end user of the Website arising out of that end user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

1.3 You may only use the Website for your personal and non-commercial use.

 

2 OUR RIGHTS

2.1 We reserve the right to:

  • (a) modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  • (b) change these Terms from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or
  • (c) monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

2.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.

 

3 YOUR PERSONAL DATA 

We respect your Personal Data and shall deal with it in accordance with our Privacy Statement and applicable UK Data Protection legislation in place from time to time. Please click here to review our Privacy Statement.

 

4 LINKS TO OTHER WEBSITES 

We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

 

5 ACCOUNTS

In order to use some parts of the Website, you may need to create an account. You must never use another Website user's account without obtaining their prior consent. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorised use of your account.

 

6 USER SUBMISSIONS 

6.1 We may now or in the future allow the submission to the Website of videos and/or other communications or materials by users of the Website (collectively "User Submissions"). User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.

6.2 By submitting User Submissions to the Website you hereby grant:

  • (a) to us, an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide right and licence (with the right to grant sub-licences) to use, copy, modify, host, aggregate, share, prepare derivative works of, syndicate, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Submissions (and otherwise communicate such User Submissions to the public) through any media now known, or hereafter developed (including, without limitation, websites other than the Website), for any purpose whether commercial, advertising or otherwise; and
  • (b) to each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the Website.

6.3 By submitting User Submissions to the Website you warrant, represent and undertake to us that:

  • (a) you have full power and authority to grant the rights and licences relating to the User Submissions set out in this Agreement; and
  • (b) the User Submissions you submit:
    • (i) do not infringe any third party's intellectual property rights (including without limitation copyright and/or trade marks), other proprietary rights or rights of publicity or privacy;
    • (ii) do not violate any law, statute, ordinance or regulation;
    • (iii) are not defamatory, libellous, unlawfully threatening or unlawfully harassing;
    • (iv) are not obscene or pornographic; and
    • (v) do not violate any laws regarding unfair competition, anti-discrimination or false advertising.

6.4 We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and, subject to clause 8 below, we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights/

6.5 You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto (subject to clause 8 below).

6.6 If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us here

 

7 ACCESSIBILITY

We take our responsibility for making accessible web content and software seriously. We are committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards. Many Internet users with disabilities find websites difficult to use simply because of the way they are designed. We are in the process of reviewing and redesigning our websites to be as accessible as possible and to be compatible with the types of adaptive technology used by people with disabilities, including screen readers.

 

8 LIMITATION OF LIABILITY

8.1 WHILST WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.

8.2 The Website is provided on an "as is" and "as available" basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

8.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

8.4 Notwithstanding any other provision in the Terms, nothing shall limit your rights as a consumer under English law.

8.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

8.6 We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:

  • (a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • (b) any loss of goodwill or reputation; or
  • (c) loss of data or use of data; or
  • (d) any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.

8.7 Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.

 

9 INDEMNITY

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE TERMS BY YOU OR ANY OTHER LIABILITIES INCURRED BY US ARISING OUT OF YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION, IN RELATION TO USER SUBMISSIONS), OR USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.

 

10 INTELLECTUAL PROPERTY AND RIGHT TO USE 

10.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.

10.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Website for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.

10.3 Except for Personal Data (as defined in our privacy statement), any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms.

10.4 We reserve all rights not expressly granted in and to the Website and the content in the Website.

 

11 NOTICES

11.1 You may send us notices under or in connection with these Terms by email to info@metropolismusic.com

11.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within 5 working days of our receipt and should be retained by you.

 

12 GENERAL

12.1 If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

12.2 These Terms (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms. However, nothing in these Terms purport to exclude liability for any fraudulent statement or act.

12.3 The Terms will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. The Website is controlled and offered by us from England. We make no representations that the Website is appropriate or available for use in other countries.

TERMS AND CONDITIONS – PRIZE PROMOTIONS

COMPETITIONS AND PRIZE DRAWS

1: INTRODUCTION

1.1               The following are the terms and conditions (“Terms and Conditions”) for competitions (“Competitions”) and prize draws (“Prize Draws”) which are operated by Metropolis Music Limited, company number 10486267, whose registered office is 30 St John Street, London EC1M 4AY (“Our”, "Us" and "We”).

1.2               For the purposes of these Terms and Conditions a “Prize Promotion” shall mean a Competition or a Prize Draw, as the context so requires.

1.3               Whether the Prize Promotion is a Competition or Prize Draw will be stated in or apparent from the Prize Promotion Notice (as defined below). 

1.4               The Prize Promotions may be run on any of Our Prize Promotion pages as follows: (i) Our website, https://www.metropolismusic.com/ (“Website”); (ii) Our Facebook page accessible at https://www.facebook.com/MetropolisMusic/  (“Facebook Page”); (iii) Our Twitter page accessible at https://twitter.com/metropolismusic ("Twitter Page"); and/or (iv) Our Instagram Page accessible at https://www.instagram.com/metropolismusic ("Instagram Page"), (the “Prize Promotion Pages”).

1.5               Additional terms and conditions applicable to a Prize Promotion can be found, prior to you entering that Prize Promotion, on the post on the Prize Promotion Page relating to the Prize Promotion (“Prize Promotion Notice”). For any Prize Promotion, the Prize Promotion Notice relating to that Prize Promotion shall be deemed incorporated into these Terms and Conditions and in the event of any conflict, the terms of the relevant Prize Promotion Notice shall prevail.

1.6               These Terms and Conditions are in addition to our privacy policy, accessible at https://www.metropolismusic.com/privacy-policy/, which governs how we may use the data we collect from you.

1.7               In addition to these Terms and Conditions, you hereby agree to comply with the following policies of Facebook, Twitter and Instagram (as applicable): https://www.facebook.com/legal/terms; https://twitter.com/tos; http://instagram.com/legal/terms/.

https://www.facebook.com/legal/terms

https://twitter.com/tos

http://instagram.com/legal/terms/

1.8               A Prize Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram and if you enter a Prize Promotion, You release Facebook, Twitter and Instagram from any and all liabilities in connection therewith (if and as applicable).

1.9               Please read these Terms and Conditions carefully.  These Terms and Conditions set out who can enter a Prize Promotion, how a Prize Promotion will be run and the circumstances in which we may withhold all or part of any Prize and/or disqualify you.  By submitting an entry for a Prize Promotion, you agree to be bound by these Terms and Conditions.  Any amendments or cancellations to these Terms and Conditions will be posted on the relevant Prize Promotion Page. 

1.10           We reserve the right to disqualify you from a Prize Promotion and/or report, remove or block you from (or remove your entry or comment from) the relevant Facebook Page/Twitter Page/Instagram Page if your entry or any comment from you is, or may reasonably be considered to be, defamatory, offensive, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, corporation or entity or if We have reasonable grounds to believe that you have breached any of these Terms and Conditions.

2: ELIGIBILITY

2.1               To enter a Prize Promotion you must:

(a)                be resident in the United Kingdom;

(b)               be able to comply with all the Terms and Conditions; and

(c)                be at least 14 years old, unless expressly stated otherwise in the relevant Prize Promotion Notice (under 16s must have parental consent to enter a Prize Promotion and proof of consent may be requested by Us).

You must not be an employee, agent or a director of, or a member of the family of an employee, agent or director of:

(a)           Us or any of Our associated companies or subsidiaries; or

(b)          any advertising agency or web company connected with Us.

2.2               Unless stated otherwise in the relevant Prize Promotion Notice, you can only enter a Prize Promotion once. No third party entries, bulk entries or entries submitted by agents will be accepted.              

3: PRIZE PROMOTION AND ENTRY REQUIREMENTS

3.1               Entries to a Prize Promotion must be received by Us between the dates and times specified on the relevant Prize Promotion Notice.  If no start date is stated in the relevant Prize Promotion Notice, the default start date shall be the date on which the Prize Promotion Notice goes live. Any entries which are received outside this period shall not be considered regardless of the reason.

3.2               To enter a Prize Promotion, you need to follow the instructions set out in the relevant Prize Promotion Notice.

3.3               If entering via Our Twitter Page, please do not tweet or re-tweet more than once. We reserve the right to disqualify any entrant who tweets or re-tweets more than once.

3.4               There is no charge to enter a Prize Promotion; however, standard mobile data and internet connection charges may apply.

3.5               We shall be entitled to disqualify any entry which We believe (i) has been copied from elsewhere; (ii) is defamatory, indecent or violates any third party’s rights, is offensive, unlawful, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, promotes political positions or actions, encourages conduct that would be considered a criminal offence, gives rise to civil liability, violates any law or is otherwise inappropriate, or contains advertisements or solicitations of business;  (iii) includes false or misleading information; or (iv) otherwise breaches these Terms and Conditions. In particular, if we have grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsmanlike conduct of any kind (including, without limitation, manipulating the promotion, choice of prize winner(s) or any entry or establishing multiple accounts in order to gain multiple entries where the number of entries is limited or purchasing votes directly or indirectly where there is a voting mechanism), We reserve the right (in Our sole discretion) to disqualify any entrant, entry or person We reasonably believe to be responsible for, or associated with, such activity. 

3.6               We cannot be held responsible for entries which are lost or corrupted or for any entries to a Prize Promotion which We do not receive as a result of any technical error, however caused.  In addition We cannot accept any liability for any difficulties experienced in submitting an entry.  Proof of entry or submission will not be proof of receipt by Us.

4: JUDGING/SELECTION OF WINNER

4.1               In respect of Competitions, We will review all entries received by Us which comply with these Terms and Conditions and an independent person will either:

(a)                select the best entry/entries, in his/her opinion, as the winner/winners if a Prize Promotion requires a judgment. Any judging criteria specified in the relevant Prize Promotion Notice shall apply; or

(b)               select the winner/winners at random from a ballot of all entries with the correct answer.

4.2               In respect of Prize Draws, an independent person will select the winner/winners at random from:

(a)                all entries received by Us; or

(b)               in the case of where a simple question is asked (but the Prize Promotion is considered to be a Prize Draw and not a Competition) a ballot of entries with the correct answer,

which comply with these Terms and Conditions.

4.3               Any person selected pursuant to condition 4.1 or condition 4.2 shall be a “Winner”.

4.4               The Winner/s will be notified within a reasonable time after the closing date via at least one of the following methods: via the relevant social network site, by email; by telephone; in writing; or as otherwise set out in the relevant Prize Promotion Notice.

4.5               If We notify you that you have been selected as a Winner and you do not acknowledge such notification within five (5) days or such other time as stated in the relevant Prize Promotion Notice, We shall be entitled to withdraw your selection as a Winner and We shall have the right to select an alternative Winner in Our absolute discretion.  

4.6               We reserve the right to verify the eligibility of entrants.  We may request such information as we consider reasonably necessary for the purpose of verifying the eligibility of an entrant and prizes may be withheld unless and until We are satisfied with the verification.

5: PRIZE

5.1               Subject to these Terms and Conditions, each Prize Promotion prize will be specified in the relevant Prize Promotion Notice ("Prize").

5.2               At Our option, We may either send the Prize to the Winner/s by first class post or make the Prize available for the Winner/s to collect at a place reasonably selected by Us (upon presentation of valid identification), provided that that Winner has complied with his/her obligations under these Terms and Conditions.

5.3               There are no Prize substitutions or cash alternatives and the Prize is not transferable.

5.4               Third party terms and conditions apply to parts of the Prizes where applicable.

5.5               Where for reasons outside of Our reasonable control We are unable to deliver to a Winner the whole or any part of the Prize We shall have the right to decide on and substitute all or part of the Prize offered for an alternative prize which We reasonably nominate.

5.6               In relation to Prizes in the form of tickets for an event, the details of the Prize shall be as printed on the tickets and the Winner of that Prize shall (along with any permitted companion), in addition to these Terms and Conditions, be bound by any terms and conditions applicable to such tickets (including, without limitation, the ticket terms and conditions and venue rules).

5.7               Unless otherwise expressly stated in the relevant Prize Promotion Notice, the Winner/s (and any permitted companion/s) will be solely responsible for their own accommodation and travel and any and all other expenses incurred in connection with that Winner’s Prize. We assume no responsibility and are not liable for any costs, charges or expenses which the Winner/s (and any permitted companion/s) may be required to pay at any time in connection with their Prize.

6: WINNER

You agree that if you are a Winner:

(a)                you consent to Us using your name and/or image in Our publicity for the Prize Promotion and in such promotional materials as We see fit whether now or in the future, anywhere in the world;

(b)               you agree that We will be the owner of any intellectual property rights in your entry and to this end you will assign to Us, with full title guarantee, all intellectual property rights in your entry (if applicable);

(c)                you will waive all moral rights in your entry;

(d)               you consent to the exploitation by Us (or any third parties We authorise) of your entry in any way We see fit and in any media;

(e)               you agree that you will not be entitled to any payment for such use; and

(f)                 you will sign such documents as We reasonably request to confirm this.

7: FINAL DECISION

7.1               In all matters Our decision will be final and no correspondence or discussion shall be entered into with you or any other party on your behalf regarding the process or details of such decision.

8: LIMITATION OF LIABILITY

8.1               We cannot be held responsible for any costs incurred by you in entering a Prize Promotion (whether or not such entry is successful) or in relation to you taking part in a Prize Promotion. 

8.2               We shall not be responsible for any losses you suffer as a result of Our breach of these Terms and Conditions unless those losses were reasonably foreseeable to both you and Us at the date you enter a Prize Promotion. 

8.3               For the avoidance of doubt, We shall not be liable to you, in contract, tort (including, without limitation, negligence) or otherwise in connection with a Prize Promotion for:

(a)                loss of revenues, profits, contracts, business or anticipated savings or loss of data; or

(b)               any loss of goodwill or reputation; or

(c)                any special or indirect or consequential losses,

however caused.

8.4               Nothing in these Terms and Conditions shall exclude or limit Our liability:

(a)                for death or personal injury resulting from Our negligence or a deliberate act or omission of Us or any of Our officers, employees or agents;

(b)               for fraud or fraudulent misrepresentation; or

(c)                to the extent that liability cannot by law be excluded or limited.

8.5               We shall not be liable for any damages or losses as a result of failure by Us to deliver a Prize Promotion, Prize or any other prizes as a result of any circumstances outside of Our direct and reasonable control including, but not limited to, as a result of a server failure (including but not limited to access delays or interruptions, data non-delivery or mis-delivery), any act(s) of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile telephone networks.

9: YOUR LIABILITY TO US AND YOUR STATUTORY RIGHTS

9.1               You agree to fully indemnify Us in respect of all liabilities, damages, claims, actions, expenses (including reasonable legal fees), demands or costs incurred by Us as a result of any breach by You of the Terms and Conditions.

9.2               Nothing contained in these Terms and Conditions shall affect any statutory rights which you may be entitled to as a consumer.

10: YOUR DATA

10.1               Your personal data shall be used solely in accordance with the current data protection legislation and in accordance with Our privacy policy (available via the hyperlink at condition 1.6 above) which governs Our use of the personal data We collect from you.

11: GOVERNING LAW

11.1           These Terms and Conditions are governed by and construed in accordance with English Law and any dispute arising from them shall be subject to the exclusive jurisdiction of the English Courts.

12: ENQUIRIES

12.1           For all enquiries, comments, feedback or further information please contact [info@metropolismusic.com].

12.2           The name/s of the Winner/s will be made available on receipt of a stamped self-addressed envelope by Us.

12.3           All enquiries regarding a Prize Promotion (including requests for a list of Winner/s) must be received by Us within 28 days of the closing date of the Prize Promotion as set out in the relevant Prize Promotion Notice.