WARRANTY
The Website and the information are provided on an "as is" and "as available" basis and Usample makes no warranties or representations, whether express or implied, in relation to the information or the Website, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
LIABILITY
The User agrees that, except for death and personal injury arising from the negligence of Usample, Usample shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where Usample has been advised of the possibility of such loss or damage).
RIGHTS GRANTED/RIGHTS RESERVED
Usample provides the Web site to the User solely for the business purposes of the User and the User may licence the relevant production music in accordance with the procedure set out on the Website. The Website may not be used for any other purpose, including but not limited to, publication, reproduction, or transmission of any production music without the express written permission of Usample.
THE WEBSITE
The User acknowledges:
(a) that it is technically impossible to provide the Website free of faults and that Usample does not undertake to do so;
(b) that faults may lead to temporary unavailability of the Website; and
(c) that the operation of the Website may be adversely affected by conditions and performances outside Usample's control, including without limitation, transmission and telecommunications links between Usample and Users, between different parts of Usample, and between Usample and other systems and networks.
USE OF THE WEB SITE
The User undertakes:-
(a) that it shall not make any use of the Website such that the whole or part of the Website is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Website is in any way impaired;
(b) not to use the Website for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(c) not to use the Website in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
(d) that it shall not use the Website to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Usample; and
(e) that in the event that it has any right, claim or action against any other user arising out of the use of the Website then it shall pursue such right, claim or action independently of, and without recourse to Usample.
INTELLECTUAL PROPERTY
The User acknowledges that all copyright, trade marks and all other intellectual property rights in Usample's music shall remain vested in Usample.
SUSPENSION AND TERMINATION
Usample shall have the right to immediately terminate this agreement and/or suspend the Website if the User commits a breach of the Terms and Conditions.
CHANGES TO THE TERMS AND CONDITIONS
Usample reserves the right to change these terms and conditions from time to time, and the User's continued use of the Website following of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether this privacy policy has been changed. If the User does not agree to any change to the terms and conditions of this privacy policy then the User must immediately stop using the Website.
SEVERABILITY
Each provision of this privacy policy excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this privacy policy howsoever occasioned.
NO WAIVER
No waiver by Usample shall be construed as a waiver of any preceding or succeeding breach of any provision.
CHOICE OF LAW
This privacy policy shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.