Music Circles Website and Membership Terms of Use
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.music-circles.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to Third Party Advertising from our “Partner Sponsored Advertisements”. Please refer to our Partners Terms of Sale for more information.
1. Definitions and Interpretation
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Membership” | means a specific membership account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4; |
“Advertiser” | means a User that posts a Classifieds Ad on Our Site; |
“Content” | means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; |
“Classifieds Ad” | means a free advertisement posted on Our Site by an Advertiser, providing details of the item or service offered by the Advertiser; |
“Featured Classifieds Ad” | means a premium advertisement posted on Our Site by an Advertiser, in exchange for a fee, providing details of the item or service offered by the Advertiser; |
“Third Party Advertiser” | means a party responsible for Third Party Advertising displayed on Our Site; |
“Third Party Advertising” | means advertising displayed on Our Site in addition to Free Ads and Paid Ads, as detailed in Clause 9; |
“User” | means a user of Our Site; and |
“We/Us/Our” | means Music Circles operations and employees acting on behalf of Music Circles |
2. Information About Us
2.1 Our Site, www.music-circles.com, is owned and operated by Music Circles
2.2 Music Circles is a trading name of the websites, apps and 3rd party platforms that we operate our services from
3. Access to Our Site
3.1 General access to Our Site is free of charge. Unless where protected by membership account level access only.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Membership Accounts
4.1 Certain parts of Our Site may require one level or other Membership Account in order to access them (including but not limited to the ability to; create a Member Profile, Ask and Answer questions within the Q/A pages, post Classifieds Ads, Create and/or Join Groups).
4.2 You may not create a Membership Account if you are under 16 years of age. If you are under 16 years of age and wish to use the parts of Our Site that require a Membership Account, a parent or guardian should create the Membership Account for you and you must only use the Account with their supervision.
4.3 When creating a Membership Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Membership Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Membership Account, consisting of a combination of lower and uppercase letters, special characters and numbers. It is your responsibility to keep your password safe. You must not share your Membership Account with anyone else. If you believe your Membership Account is being used without your permission, please contact Us immediately at support@music-circles.com. We will not be liable for any unauthorised use of your Membership Account.
4.5 You must not use anyone else’s Membership Account.
4.6 Any personal information provided in your Membership Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 18.
4.7 A Pro level Membership Account is needed when placing and during the duration of all Classifieds Ads posted by you.
4.8 Specific required Membership Level is required when entering and at time of any Prize Draw to be eligible for that draw. Prize Draw Terms and Conditions can be read here: https://music-circles.com/prize-draws-terms-and-conditions
4.9 If you wish to close your Membership Account, you may do so at any time. Closing your Membership Account will result in the removal of your information including any Member Profile information including but not limited to: Group’s Discussions and Posts, Q/A posts and posts to your or other members feed, within Our Site will also be deleted and the licence granted to Us under Section 6 will be terminated.
4.10 Closing your Membership Account will also remove access to any areas of Our Site requiring one Membership Account level or other for access.
4.11 If you close and delete your Account or change your level of Membership Account from Pro Membership to Free Membership any Classifieds Ad(s), will be deleted.
4.12 If you close and delete your Account or change your level of Membership Account from Pro Membership to Free Membership, any groups that you have created and/or have “Organizer” level access for, will remain active ONLY if there is at least one other “Organizer” with a Pro level Membership Account.
4.13 To close and fully delete your membership, you must request this in writing to support@cmusic-circles.com and allow 28 days.
4.14 Alternatively, to closing an account, you can move up and down Membership Plans at any time whilst maintaining your membership account profile and other content data.
5. Intellectual Property Rights
5.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us, Our Members or Our Partners. All Content (including that in Classifieds Ads, Q/As and Groups) is protected by applicable international intellectual property laws and treaties.
5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us or relevant Member or partner.
5.3 You may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print page(s) from Our Site for reference;
5.3.4 Download extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.
5.4 Our status as the owner, author or custodian of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged
5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6. Member Access Privileges
6.1 Member Profile
6.1.1 A Free or higher Membership Account is required to have a Member Profile within the Community of the website. Please refer to Clause 4 for more information.
6.1.2 All Members are automatically applied a Profile as part of their membership. Each member is able to set their own privacy to suit their needs and each member is responsible for their own settings.
6.1.3 Member Profiles must not impersonate or falsely represent a brand, entity, or public figure. Where a Profile is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation.
6.1.4 We reserve the right to reject or remove any Members and their Profile from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Member or Profile in question should be removed as a result.
6.2 Q/As
6.2.1 A Free or higher Membership Account is required if you wish to post a Question, Answer or Comment within the Q/As section of the website. Please refer to Clause 4 for more information.
6.2.2 Questions must be relevant in part or in whole to the music industry, the making and creation of music (live and recorded) or the learning and supporting of music and the industry around it.
6.2.3 You agree that any Questions, Answer or Comments in the Q/As is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that your Questions, Answer or Comments will comply with Our Acceptable Usage Policy, detailed below in Clause 13
6.2.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.2.5 You (or your licensors, as appropriate) retain ownership of the content of your Questions, Answers or Comments within the Q/A section of the website and all intellectual property rights subsisting therein. By creating a Q/A post, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Q/A post for the purposes of operating and promoting Our Site.
6.2.6 If you wish to delete your Q/A post from Our Site, you may do so within 24 hours of posting it by clicking the Gear Cog icon in the footer section of the Question or Answer (Comment has an Edit and Delete text next to it). Then click the Delete button. “Delete” will remove the Question or Answer completely and all of its content including any Answers or Comments connected to it. Removing a Q/A post also revokes the licence granted to Us to use that Q/A post under sub-Clause 6.2.5. Please note, however, that caching or references to your Q/A post may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.2.7 We may reject, reclassify, or remove any Questions or Answers in the Q/As from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Group in question should be removed as a result.
6.3 Groups
6.3.1 A Business Membership Account is required if you wish to create a Group, whether that group is Public, Private or Hidden. Please refer to Clause 4 for more information.
6.3.2 A Free or higher Membership Account is needed to join any Groups. Group Organizers are responsible and liable for followers of their groups. Group Organizers may add their own terms in addition to (but not to replace) the terms here.
6.3.3 Any Groups that are created, whether they be Public, Private or Hidden must be relevant in part or in whole to the music industry, the making and creation of music (live and recorded) or the learning and supporting of music and the industry around it.
6.3.4 Groups must not impersonate or falsely represent a brand, entity, or public figure. Where a Group is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation.
6.3.5 You agree that you will be solely responsible for your Group/s. Specifically, you agree, represent and warrant that you have the right to submit that all information in the Group is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that your Group/s will comply with Our Acceptable Usage Policy, detailed below in Clause 13
6.3.6 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.5. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.3.7 You (or your licensors, as appropriate) retain ownership of the content of your Group/s and all intellectual property rights subsisting therein. By creating a Group, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Group for the purposes of operating and promoting Our Site.
6.3.8 If you wish to delete your Group/s from Our Site, you may do so by Clicking “Manage” in Group settings, then click the Delete tab. You will be offered a warning and the final “Delete Group” option. “Delete Group” will remove the Group completely and all of its content. There is no restoring of a group once it has been deleted. Removing a Classifieds Ad also revokes the licence granted to Us to use that Classifieds Ad under sub-Clause 6.3.7. Please note, however, that caching or references to your Classifieds Ad may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.3.9 We may reject, reclassify, or remove any Groups from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Group in question should be removed as a result.
6.4 Classifieds Ads
6.4.1 A Pro or Business Membership Account is required if you wish to post a Classified or Featured Classifieds Ad. Please refer to Clause 4 for more information.
6.4.2 A Free or higher Membership account is needed to read and respond to any Classifieds Ads. You are responsible and liable for responses, reviews and any sales and deliveries of items or services offered in any Classifieds Ads you create.
6.4.3 Any Classifieds Ads that are posted must be relevant in part or in whole to the music industry, the making and creation of music (live and recorded) or the learning and supporting of music and the industry around it.
6.4.4 Any Classifieds Ads must not impersonate or falsely represent a brand, entity, or public figure. Where a Classifieds Ad is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation.
6.4.5 You agree that you will be solely responsible for your Classifieds Ad. Specifically, you agree, represent and warrant that you have the right to submit the Classifieds Ad and that all information in the Classifieds Ad is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that your Classifieds Ad will comply with Our Acceptable Usage Policy, detailed below in Clause 13.
6.4.6 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.4.5. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4.7 You (or your licensors, as appropriate) retain ownership of the content of your Classifieds Ad and all intellectual property rights subsisting therein. By submitting a Classifieds Ad, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Classifieds Ad for the purposes of operating and promoting Our Site.
6.4.8 If you wish to remove a Classifieds Ad from Our Site, you may do so by Clicking “Edit Ad” found either at the bottom of the Ad itself or within any of the Classified Ad email notifications sent. In the Edit Ad page, there is a button to “Delete Ad” or “Mark As Sold”. “Delete Ad” will remove the Ad completely. “Mark As Sold” will keep the Ad active but is now marked as sold. Removing a Classifieds Ad also revokes the licence granted to Us to use that Classifieds Ad under sub-Clause 6.4.7. Please note, however, that caching or references to your Classifieds Ad may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.4.9 We may reject, reclassify, or remove any Classifieds Ad from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Classifieds Ad in question should be removed as a result.
7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may not link to any page other than the homepage of Our Site, https://www.music-cirlces.com Deep-linking to other pages requires Our express written permission and/or any permissions from the owners and publishers of any Groups, Classifieds and any other content and posts therein unless any pages and any content being linked to are under your ownership (or your licensors, as appropriate) including but not limited to; Your Member Profile, Q/A Posts, Classifieds Ads, or Groups. Please contact Us at hello@music-circles.com for further information. link to Our Site provided that:
7.2.1 (Although we require written permission to link to any parts of the site, we are very open to sharing and working with other publishers and the wider community).
7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at hello@music-circles.com for further information.
7.4 You may not link to Our Site from any other site the main content of which contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.5 The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
8. Links to Other Sites
8.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8.2 We do prohibit links from Our site if they relate to any sites or content as stated in sub-Cause 7.4
9. Advertising
9.1 We may feature Third Party Advertising on Our Site and We reserve the right to display Third Party Advertising on the same page as any content from any Advertiser.
9.2 You agree that you will not attempt to remove or hide any Third-Party Advertising using HTML/CSS or by any other method.
9.3 We work closely with our Sponsor Partners but are not responsible for the content of any Third-Party Advertising on Our Site. Each Third-Party Advertiser is responsible for the content of their own Third-Party Advertising material. We will not be responsible for any Third-Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
10. Disclaimers and Legal Rights
10.1 Nothing on Our Site is guaranteed to constitute advice on which you should rely. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.Professional or specialist advice may be being provided by Groups or Members of the Site within Groups or Q/A posts, Classifieds Ads or directly between parties. Any such advice is for the discretion of the reader, and We are not liable to any actions taken by such advice.
10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
10.4 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Members Profiles, Groups, Q/A Posts or Classifieds Ads. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, any Members Profiles, Groups, Q/A Posts or Classifieds Ads, and We accept no responsibility for any actions taken, or for any products or services advertised in, any Classifieds Ads, Groups or Profiles.
11. Our Liability
11.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
11.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
11.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
11.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
11.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.6 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Viruses, Malware and Security
12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5.
12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
13. Acceptable Usage Policy
13.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:
13.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
13.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
13.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
13.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
13.2 When posting on your Profile timeline, in Groups, in the Q/As (be it a Question, Answer or Comment) or in a Classifieds Ad (or communicating in any other way using Our Site)you must not submit, communicate or otherwise do anything that:
13.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
13.2.2 promotes violence;
13.2.3 promotes or assists in any form of unlawful activity;
13.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
13.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
13.2.6 is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the subject matter of a Classifieds Ad or Groups on Our Site);
13.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
13.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);
13.2.9 implies any form of affiliation with Us where none exists;
13.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
13.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
13.3 Our general Posting Guidelines can be read here: https://music-circles.com/posting-guidelines/ These Posting Guidelines are, as they suggest, guidelines. Our explicit Acceptable Usage Policy set out in this Clause supersedes any guidelines.
13.4 As detailed in sub-Clause 6.4.3, in addition, all Classifieds Ads must be within and relevant to the categories and sub categories set out with the Classifieds Ads section of Our site. If there is no Category that fits your needs but your Classifieds Ad is relevant to this sub-Clause, then please contact us at support@music-circles.com so we can consider and create any new sub categories.
13.5 Any transactions or communications between either party of any Classifieds Ads (Advertiser or Interested Party) or if via any promotional posts from Groups or personal Profiles must be undertaken honestly, fairly and professionally. Any Fraud, theft or misrepresentation will be subject to any and all provisions in sub-Clause 13.6
13.6 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
13.6.1 suspend or remove your Membership and/or Profile/s
13.6.2 suspend or remove your Classifieds Ads including any Featured Ads;
13.6.3 suspend or remove your Groups;
13.6.4 suspend or remove your Q/A posts (be it a Question, Answer or Comment);
13.6.5 issue you with a written warning;
13.6.6 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
13.6.7 take further legal action against you as appropriate;
13.6.8 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
13.6.9 any other actions which We deem reasonably appropriate (and lawful).
13.7 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
14 Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://music-circles.com/privacy-policy. These policies are incorporated into these Terms of Use by this reference.
15 Changes to these Terms of Use
15.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
15.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
16 Contacting Us
To contact Us, please email Us at hello@music-circles.com or using any of the methods provided on Our contact page at https://music-circles.com/contact/.
17 Communications from Us
17.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
17.2 We will never send you marketing emails of any kind without your express consent or if there is a Legitimate Interest. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing options can also be changed via links in our email footers. If you opt out of receiving emails from us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
17.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@music-cuircles.com or via https://music-circles.com/contact .
18 How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Policy, available from https://music-circles.com/privacy-policy/
19 Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of all territories as determined by your residency and where Our website is used.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, and extended to any laws of territories as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England & Wales