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Terms & Conditions
By accessing The Dylan Daily web site at www.dylandaily.com (the "site"),
all users automatically agree to the Terms below. If you are not
willing to
accept any of the Terms, you should not use the web site.
This site is owned and operated by Music for Grown-Ups Limited.
The words "Music for Grown-Ups" and the logo design constitute
a registered trademark of Music for Grown-Ups Limited. This trademark
may not be copied, used or distributed without prior written permission
from the company.
The site includes materials owned by third parties, added to the
site under licence or other form of agreement between the third party
and Music for Grown-Ups Limited.
You may access material on most parts of the site without registration;
some parts of the site are open to you only if you register. The
data you provide about yourself will only be used by Music for Grown-Ups.
The data will not be passed on to third parties.
In order to update and improve the site, Music for Grown-Ups may
wish to change the following Terms. Music for Grown-Ups reserves
the right to modify these Terms without notice at any time. You should
read this page regularly to ensure that you are aware of the latest
Terms.
1. All material on the site, including text, graphics, logos, photographs,
audio and video materials (the "Content") belongs to Music
for Grown-Ups or its licensors. You may retrieve and display Content
from the site on a computer screen, print individual pages on paper
(but not photocopy them) and store such pages in electronic form
on disk (but not on any server or other storage device connected
to a network) for your personal, non-commercial use.
2. Except as expressly set out above, you may not reproduce, modify
or in any way commercially exploit any of the Content. In particular,
but without limiting the general application of the restrictions
contained in the preceding sentence, you may not do any of the following
without prior written permission from Music for Grown-Ups Limited:
- Redistribute any of the Content (including by using it as part
of any library, archive or similar service);
- Remove the copyright or trade mark notice from any copies of
Content made under these Terms;
- Create a database in electronic or structured manual form by
systematically downloading and storing all or any of the Content.
- Create works or materials that derive from or are based on the
materials contained in the site including, without limitation,
fonts, icons, link buttons, wallpaper, desktop themes, online postcards
and greetings cards and unlicensed merchandise. This prohibition
applies regardless of whether the derivative materials are sold,
bartered or given away.
Requests to republish or redistribute Content should be made in
writing to: Managing Director, Music for Grown-Ups Ltd., c/o 35 The
Dell, Sandpit Lane, St Albans, Herts AL1 4HF, England;
Email: admin@musicforgrownups.co.uk
3. With the exception of emails intended for publication on the
site as Feedback, Music for Grown-Ups does not knowingly accept unsolicited
submissions including, without limitation, submissions of articles,
illustrations, information, suggestions, ideas or concepts. Music
for Grown-Ups's policy is to delete any such submission without reading
or forwarding it. Therefore, any similarity between an unsolicited
submission and any elements in any Music for Grown-Ups creative work,
including a title or concept, would be purely coincidental.
4. All material sent to Music for Grown-Ups via the site, including
material intended as Feedback, becomes the property of Music for
Grown-Ups and may be used, copied, sub-licensed, adapted, transmitted,
distributed, publicly performed, published, displayed or deleted
as Music for Grown-Ups sees fit. You agree that you are not entitled
to any compensation, credit or notice whatsoever and that by sending
any submission you waive the right to make any claim against Music
for Grown-Ups relating to any submissions, including, without limitation,
unfair competition, breach of implied contract or breach of confidentiality.
5. Provided that you are aged 18 or over, you are welcome to submit
messages and other materials. However, Music for Grown-Ups accepts
no responsibility whatsoever in connection with or arising from such
messages.
6. Music for Grown-Ups does not endorse the content of Feedback
messages submitted by others. Feedback messages submitted are not
necessarily reviewed by Music for Grown-Ups prior to posting and
do not necessarily reflect the opinions or policies of Music for
Grown-Ups. Music for Grown-Ups makes no warranties, express or implied,
as to the content of the messages or the accuracy and reliability
of any messages and other materials. Nonetheless, Music for Grown-Ups
reserves the right to prevent you from submitting materials and to
edit, restrict or remove such messages for any reason at any time.
7. Music for Grown-Ups assumes no responsibility for actively monitoring
Feedback for inappropriate messages. If at any time Music for Grown-Ups
chooses, in its sole discretion, to monitor Feedback, Music for Grown-Ups
nonetheless assumes no responsibility for the content of the messages,
no obligation to modify or remove any inappropriate messages, and
no responsibility for the conduct of the user submitting any message.
In submitting messages, you agree to strictly limit yourself to discussions
about the subject matter for which the site is intended. You agree
that Music for Grown-Ups accepts no liability whatsoever if it determines
to prevent your messages from being submitted or if it edits, restricts
or removes your messages. You also agree to permit any other user
of this site to access, view, store or reproduce the material for
that other user's personal use and not to restrict or inhibit the
use of the site by any other person.
8. You are solely responsible for the content of your messages.
You must comply with any rules posted by Music for Grown-Ups. You
may not, inter alia:
- Post or link to any messages that are unlawful, threatening,
abusive, libellous, profane, obscene, indecent, or infringe copyright
or other rights of third parties or which contain any other form
of illegal content; you may not harass, stalk, or otherwise violate
the legal rights (such as rights of privacy and publicity) of others;
- Post, link to or otherwise publish any messages containing any
form of advertising or promotion for goods and services or any
chain messages; any surveys, contests, pyramid schemes, chain letters, "spam",
junk email, or any duplicative messages (commercial or otherwise);
- Post or otherwise publish any messages that contain computer
viruses, worms, macro viruses, Trojan horse or similar programs
or other harmful component designed to interrupt, destroy or limit
the functionality of the site or any computer software or equipment;
- Transmit or up-load any material that contains software or other
material protected by intellectual property rights, unless you
own or control such rights or have received all the necessary consents;
- Disguise the origin of any messages;
- Impersonate any person or entity or misrepresent any affiliation
with any person or entity;
- Post or otherwise publish any messages unrelated to the site
or the site's topic;
- Post, link to or otherwise publish any messages with recommendations
to buy or refrain from buying a particular company share or which
contain confidential information of another party or which otherwise
have the purpose of affecting the price or value of any company
share;
- Collect or store other users' personal data;
- Restrict or inhibit any other user from using the site.
9. By submitting messages you agree to indemnify and hold harmless
Music for Grown-Ups from all claims, costs and expenses (including
legal expenses) arising out of any messages posted or published by
you that are in breach of these Terms.
10. By submitting messages you are granting Music for Grown-Ups
a perpetual royalty-free non-exclusive licence to reproduce, modify,
make available, distribute and sub-license the message in whole or
in part and in form. This may include personal information such as
your user name and alias and your expressions of opinion. Music for
Grown-Ups reserves the right to contact you by email with regard
to your use of the site.
11. While Music for Grown-Ups does its best to ensure the optimal
performance of the site, you agree that you use the site and rely
on material contained in this site at your own risk. Music for Grown-Ups
does not give any warranties in respect of the site, content, software
or services available through the site (collectively, "site
services"). In particular, the site services are provided on
an "as is", "with all faults" and "as available" basis.
To the extent allowed by applicable law, Music for Grown-Ups hereby
disclaims all warranties, conditions or duties of every nature whatsoever
(except any duties of good faith), including without limitation,
any implied warranties of merchantability or of fitness for a particular
purpose, any express or statutory warranties, and any warranties
or duties regarding accuracy, timeliness, completeness, performance,
lack or negligence or of workmanlike effort.
12. Music for Grown-Ups makes no warranty that the site services
are year 2000 compliant or free from infection by viruses or anything
else that has contaminating or destructive properties. Music for
Grown-Ups will not be liable to you for any direct, indirect, consequential,
special or other damage resulting from the transmission from this
web site to your computer systems of viruses, worms, Trojan horses
or other destructive items, however caused, such damage to include,
without limitation, loss of profits, interruption to business, loss
of the whole or any part of a program or any data howsoever stored
whether saved on a computer system or otherwise.
13. Music for Grown-Ups does not provide any warranty against infringement
of title or quiet enjoyment and makes no express warranties.
14. To the full extent allowed by applicable law, you agree that
Music for Grown-Ups will not be liable to you and/or any third party
for any consequential or incidental damages (including but not limited
to lost profits, loss of privacy or for failure to meet any duty
including but not limited to any duty of good faith, lack of negligence
or of workmanlike effort) or for any other indirect, special, or
punitive damages whatsoever that arise out of or are related to the
site services or to any breach of the Terms by Music for Grown-Ups,
even if Music for Grown-Ups has been advised of the possibility of
such damages and even in the event of fault, tort (including negligence)
or strict liability.
15. You agree to indemnify and hold Music for Grown-Ups and its
affiliates, officers, agents, co-branders and other partners, and
employees, harmless from any claim or demand, including reasonable
lawyers' fees, made by any third party due to or arising out of content
you submit, post to or transmit through the service, your use of
the service, your connection to the service, your violation of these
Terms, or your violation of any rights of another.
16. The site contains links to other World Wide Web sites provided
by independent third parties ("third party sites"), either
directly or through frames. Where possible, Music for Grown-Ups will
make clear where such links are being made, though third party sites
may be co-branded with Music for Grown-Ups and so include the Music
for Grown-Ups trademark. Music for Grown-Ups is not responsible for
the availability or content of third party sites and will not be
a party to, or in any way responsible for, any transaction concerning
goods or services available from such third party sites.
17. Whilst every effort is made by Music for Grown-Ups to keep secure
information submitted by you, you accept the risk that data transmitted
electronically via this web site or otherwise may be intercepted
before reaching its intended destination or accessed by unauthorised
third parties and may be exploited unlawfully by such third parties.
Music for Grown-Ups does not assume responsibility for guarding against
the acts of such third parties and shall not be liable for any direct,
indirect, consequential, special or other damage resulting from third
parties' interception of or access to data of whatever nature including
without limitation personal data transmitted by you electronically
or otherwise.
18. Notwithstanding the provisions of this clause, Music for Grown-Ups's
liability will not be limited in the case of death or personal injury
directly caused by its negligence.
19. Music for Grown-Ups reserves the right to immediately terminate
your use of, or access to, the site at any time if Music for Grown-Ups
decides at its sole discretion that you have breached this agreement
or any relevant law, rule or regulation or you have engaged in conduct
that Music for Grown-Ups considers to be inappropriate or unacceptable.
20. Music for Grown-Ups may terminate the provision of the web site
or restrict your access without any prior notice to you where (by
way of example and without limitation): there is a regulatory or
statutory change limiting its ability to provide a web site; any
event beyond its reasonable control prevents it from continuing to
provide a web site (for example, without limitation, technical difficulties,
capacity problems and communications failures); or where Music for
Grown-ups considers in its sole discretion that you are abusing the
services provided by the web site or are otherwise acting in breach
of these Terms and Conditions.
21. From time to time Music for Grown-Ups may provide content for
your downloading. Download time may vary considerably between the
types of content and you agree that you are wholly liable and responsible
for any telephone call and/or other charges incurred in downloading
the same.
22. The site may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the site complies with international and national
law. Music for Grown-Ups will not be responsible for any error or
inaccuracy in advertising material.
23. From time to time Music for Grown-Ups will run competitions,
free prize draws and promotions on the site. These are subject to
additional Terms that will be made available at the time of such
competitions.
24. These Terms shall be governed by, and construed in accordance
with, English law.
25. The parties irrevocably agree that the courts of England shall
(subject to the paragraph below) have exclusive jurisdiction to settle
any dispute which may arise out of, under, or in connection with
these Terms or the legal relationship established by them, and for
those purposes irrevocably submit all disputes to the jurisdiction
of the English courts.
26. For the exclusive benefit of Music for Grown-Ups, Music for
Grown-Ups shall retain the right to bring proceedings as to the substance
of the matter in the courts of the country of your residence or,
where these Terms are entered into in the course of your trade or
profession, the country of your principal place of business.
27. You may not assign, sub-license or otherwise transfer any of
your rights under these Terms.
28. If any provision of these Terms is found to be invalid by any
court having competent jurisdiction, the invalidity of that provision
will not affect the validity of the remaining provisions of these
Terms, which shall remain in full force and effect.
29. Failure by either party to exercise any right or remedy under
these Terms does not constitute a waiver of that right or remedy.
© Music for Grown-Ups Limited
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