Terms & Conditions
It is your responsibility to read these Terms and Condition before using the MusicPin website (“Website”). By using the Website you signify your consent and agreement to these Terms and Conditions.
Please check these Terms and Conditions periodically for any changes. The continued use of the Website following the posting of changes to these Terms and Conditions will mean that you accept such changes.
The Website is owned by MusicPin, a division of Fyro Music Media LLP (“MusicPin”). The content and service provided on the Website including graphics, code, text products, software, audio, music and design is owned or licensed by MusicPin. Certain third party copyright materials and works are included on the Website including those works or materials belonging to licensors of MusicPin. You agree that the tracks, musical works, compositions and other materials (“MusicPin Materials”) are protected by international intellectual property law.
2. Use of the Website
You are granted a limited, personal, non-exclusive, revocable, licence to use the Website and to receive, by free download, tracks made available through the Website (“MusicPin Service”). You agree that you may not reproduce, modify, display, perform, transfer, distribute or otherwise use the MusicPin Materials, except as provided under these Terms and Conditions, and you agree to take all reasonable steps to prevent the unauthorised use of the MusicPin Materials.
No material from the Website may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of MusicPin or in the case of material licensed to MusicPin the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Website.
For the avoidance of doubt you will not obtain any ownership interest in the MusicPin Materials, the MusicPin Service or any other materials contained on the Website, whether through these Terms and Conditions or otherwise. You agree that your use of the MusicPin service is for your own personal use and must not be used for any commercial purpose.
You agree not to place any libellous, defamatory, illegal or offensive material on the Website.
MusicPin uses reasonable endeavours to monitor the Website but cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libellous, defamatory, illegal or offensive conduct by any customer. You agree to notify MusicPin of any such conduct, which comes to your notice. You agree that MusicPin including any appointed personnel may at any time without notice:
- - move or suspend the Website in whole or in part; and
- - disclose any material or content contained on the Website if it considers it necessary to enforce these Terms and Conditions.
We do our best to ensure that information on the site is correct but in no circumstance do we accept any liability whatsoever for error or omission.
You agree to indemnify, defend and hold harmless MusicPin (including its successors, subsidiaries, agents, affiliates, partners and licensors) against all claims, damages, costs or other expenses, which arise directly or indirectly out of or from your unauthorised use of the Website, the MusicPin Materials, the MusicPin Service and any other materials contained on the Website.
Your right to use the Website will be suspended or terminated immediately without notice by MusicPin if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions. On termination you must destroy all materials and associated documentation obtained from the Website and all copies of such materials.
There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that MusicPin shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. MusicPin is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.
These Terms and Conditions (as revised from time to time) and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions. MusicPin reserves the right to amend and/or vary these Terms and Conditions from time to time in its entire discretion.
These Terms and Conditions and all representations, obligations, undertakings and warranties contained in it shall ensure for the benefit of any successor and assignees of MusicPin.
7. Use of Your Personal Data
8. Infringement of Intellectual Property Rights
At MusicPin, we aim to respect the intellectual property rights of others. If you believe that your work has been copied by MusicPin in a way that constitutes infringement of your intellectual property, please provide our copyright agent with the following written information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to enable MusicPin to locate the material; (d) your full name, email address, postal address and a telephone number on which you can be contacted; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the work or right that is allegedly infringed.
MusicPin’s agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:
Attn: Copyright Agent
Fyro Music Media LLP
Crown House, 3rd Floor
72 Hammersmith Road
By email: email@example.com
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice.
9. Third Party Content and Information
The Website contains content that is provided for your convenience and enjoyment. Third parties provide some of the content on the Website. You should be aware that content on the Website might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the content may be subject to terms and conditions which may be found on the Website or in the documents and policies of third parties. MusicPin makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content on the Website and will not be liable for any lack of the foregoing.
In addition, third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant advertiser. You agree that MusicPin will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication.
10. Governing Law
These Terms and Conditions and any contracts made under them shall be governed and construed in accordance with the laws of England and Wales whose courts shall be the non-exclusive courts of competent jurisdiction.
The Policy explains how MusicPin collects and uses information. We hope that our candour will remove any concerns you may have and will make visiting MusicPin a rewarding experience.
Although we endeavour to keep you up-to-date on all changes made to the website, this Policy may be amended from time to time without notice to you. It is your responsibility to read the Policy carefully and review any changes that may have been made.
What information does MusicPin collect and how does MusicPin use this information?
1. Personal Information
In order to download music from MusicPin you will need to enter personal information in the MP3 download form. You will be asked to provide your name, an email address, date of birth, your city and your gender. This is used, as a security means in the event you do not receive your download link in your email through a technical error, which we sometimes cannot control and in such case would require resending a link to the appropriate email address. We might often offer your name and email addresses to artists and labels whose music you have downloaded only as part of our direct marketing scheme to enable that you receive regular updates from them.
2. Location-based Information
We keep track of the domains from which people visit MusicPin, the IP address of their computers, where a user comes from and where they leave to but cannot identify each individual user by name unless provided.
3. Statistical Information
As discussed above, we log (but do not use) personally identifiable information with respect to the downloading of users whilst they are on MusicPin. We do not use this information in any manner in conjunction with your personal information (i.e. although we here at MusicPin can connect your username to your email address, we don’t use a personally identifiable activity log in any manner whatsoever and no third parties are given access to it). Please note that we do log and use statistical information in the aggregate. From this information we are able to compile download statistics in the form of percentages of all users. We can of course compare the download statistics of one song to those of another song. We are also able to perform more sophisticated statistical operations based on the information collected. From this information we are able to determine which songs are “similar” in terms of overall download taste and we can see which genres of music tend to be similar. As a direct-marketing service, we may supply certain aggregate statistical information to record labels and artists that allow us to download their music on MusicPin in order to help them understand the likes and dislikes of music listeners.
4. Download Links
We will display links to third party sites when sending an MP3 download link to your email, however we cannot control and cannot be held responsible for those other sites, their privacy policies or how they treat information about their users. We advise you to check their privacy policies to find out how they are treating your personal information.
5. Data Protection
MusicPin complies with the Data Protection Act 1998, including all UK amending legislation and EU directives. Pursuant to the Act, you have the right to be informed of and to have access to all of the personally identifiable information we hold about you.
MusicPin endeavours to protect the security of your information as much as we endeavour to protect our own information and network. We employ firewalls and store all of our files and information on secure terminals. In addition, all user passwords are protected by encryption technology.
7. MusicPin Policy for Young People
We realise and understand that many young people love music and will therefore visit MusicPin, however we encourage all persons under 12 to consult with their parents before submitting any information to MusicPin and indeed any other website. Having said this, we believe that ultimately it is the responsibility of parents to supervise children when online and we therefore recommend that parental control tools be put in place.
We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are forced to disclose personally identifiable information by law (i.e. by court order), we will make such a disclosure without being in violation of this Policy.
9. Business Transitions
If MusicPin is acquired by another company or sells a portion of its assets to another company, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, MusicPin will endeavour to notify all users of such changes.
By disclosing any information to MusicPin through the website you consent to the collection, storage and use of such information by MusicPin as set out in this Policy and the Terms and Conditions. If MusicPin makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the Policy, please contact us using the feedback page on the website.