Legal notices 

This is the [Website] of Sound and Music, trading name of The Organisation for New Music and Sound.

By using this Website the [User] agrees to be bound by the “Terms and Conditions of Use”.

Website compatibility

The Website fully supports the following platforms:

  • Windows: Microsoft Edge, Chrome, Firefox
  • Mac: Safari, Chrome, Firefox

Terms & Conditions of Use 

Access to Sound and Music / www.soundandmusic.org (referred to below collectively as the “Website”) is provided by The Organisation for New Music and Sound trading as Sound and Music (company limited by guarantee, no. 6581022 / registered charity: 1124609) on the following terms:

  1. By accessing or using the Website you agree to be legally bound by these terms and the Data Protection and Privacy Policy, which shall take effect immediately on your first use of the Website. If you do not agree to be bound by all of the following terms and the Data Protection and Privacy Policy you may not access, use or contribute to this Website.
  2. Sound and Music may change these terms and/or the Data Protection and Privacy Policy from time to time so you should check them regularly. Your continued use of the Website will be deemed an acceptance of any changes made.

If you do not agree to any changes, you should cease using this Website.

If there is any conflict between these terms and specific local terms appearing elsewhere on the Website (including house rules) then the latter shall prevail.

Data protection

Sound and Music processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. For full details of how and why the Sound and Music collects, processes and stores personal data, please refer to the full Data Protection and Privacy Policy.

Use of the Website

  1. You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.
  2. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.

Intellectual Property

  1. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website and all content located on the Website shall remain vested in Sound and Music or its licensors (which includes other users).
  2. The content on the Website is protected by copyright, trademarks, database rights and other intellectual property rights.
  3. You may retrieve and display the content on the Website on a computer screen, store such content in electronic form on disk (but not on a server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
  4. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Sound and Music.
  5. You will remain the owner of the copyright in any original materials that you submit or upload to the Website.
  6. The permission you have granted to us is not exclusive. You may continue to use the materials in any way, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
  7. You also agree not to adapt, alter or create a derivative work from any of the Website content except for your own personal, non-commercial use.
  8. Any other use of the Website content requires the prior written permission of Sound and Music.
  9. The names, images and logos identifying Sound and Music or third parties and their products and services are subject to copyright, design rights and trademarks of Sound and Music and/or third parties.
  10. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Sound and Music or any other third party.

Contributions to Sound and Music

  1. By sharing any contribution or material (including any text, photographs, graphics, video or audio) with Sound and Music you agree to grant Sound and Music, irrevocably and unconditionally non-exclusive, worldwide, royalty-free licence free of charge, permission to use the material in any way (including publishing, reproducing and distributing it, modifying and adapting it for operational and editorial reasons [and granting licences to third parties to reproduce it]) for Sound and Music services in any media worldwide (including on Sound and Music’s site accessed by international users).
  2. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.

However, you waive and agree not to assert any so-called moral or similar rights (whether arising under the Copyright Designs and Patents Act 1988 or otherwise) you may have in any contributions that you make.

This includes waiving the rights to be identified as the author of and to prevent derogatory treatment of its contribution.

  1. In order that Sound and Music can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Sound and Music permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
  2. Sound and Music may show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible.
  3. Sound and Music may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects.
  4. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content, you may share with Sound and Music and on this site.
  5. If you do not want to grant Sound and Music the permission set out above on these terms, please do not submit or share your contribution to or with the Website.
  6. If you have any questions about contributing content or material to Sound and
    Music, please email: info@soundandmusic.org

 Website donations

 These Terms and Conditions govern each use you make of the donation payment services provided through the Website.

These Terms and Conditions apply separately to each single donation that you make. See ‘Monthly donations’ for further terms relating to recurring donations.

By confirming on the Website that you wish to make a donation you agree to be bound by these Terms and Conditions for that donation.

Donation services

All donations will be used for our stated charitable objectives. Where you have donated to a specific campaign or activity, your donation will be restricted to expenditure associated with the relevant work.

All payments through the Website are to be made by payment card or via Google Pay.

Once you confirm to us through the Website that you wish to proceed with your donation your transaction will be processed through our payment services provider, Stripe.

By confirming that you wish to proceed with your donation you authorise Stripe to request funds from your credit or debit.

Unauthorised card use

If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider.

Information from you

Before we can process a donation you must provide us with (i) your name and email address; and (ii) details of the credit or debit card that you wish to use to fund the donation.

We will use this information to process your donation. It is your responsibility to ensure you have provided us with the correct information.

In order to collect Gift Aid, we will need your declaration as well as your full home address.

When you submit your payment details, these details will be transferred to our payment processor, Stripe, and your payment data will be collected and processed securely by them.

You should make sure that you are aware of Stripe’s Terms and Conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a donation.

We won’t share your personal details with any other third party other than is set out in the Data Protection and Privacy Policy.

Refund policy

If you make an error in your donation please contact us either by email at: fundraising@soundandmusic.org, by phone at 020 7759 1236 or by post at Fundraising Team, Sound and Music, 3rd Floor, South Wing, Somerset House, WC2R 1LS within 14 days and a full refund will be made to you.

Monthly donations

These Donation Payment Terms and Conditions will only apply to successive donations made through the Website where you have set up a monthly donation. When you set up a regular donation you will be scheduling a series of donations to be made on the day of the month that you made your first payment until further notice.

You agree that these Terms and Conditions will apply to each of the donations in that series.

By confirming that you wish to proceed with a monthly donation you authorise our payment service provider Stripe to request funds from your credit or debit card on the day of each month that you set.

To cancel your regular donation please contact us at: fundraising@soundandmusic.org

General

We reserve the right to amend these Donation Payment Terms and Conditions at any time.

Sound and Music and its subcontractors, subsidiaries and/or agencies cannot accept any responsibility for any technical failure or malfunction, or any other problem with the Website, system, server, and provider or otherwise which may result in any information being lost or not properly received.

As well as receiving an automated receipt, you will be thanked personally by the fundraising team for your donation.

You will only receive future marketing communications from us if you have agreed and opted in to ‘subscribe to our newsletter’.

Sound and Music takes your privacy seriously and will only use your data to process your donation, claim Gift Aid (if you want us to) and contact you on any administrative matters that may come up.

You can find out more about Gift Aid here

You can find out more about your rights, how we use your personal information and how we keep your details safe and secure by reading our Data Protection and Privacy Policy.

Website communities

  1. In order to participate in and contribute to selected Website communities you may be required to register with the Website. Any personal information supplied to the Website as part of this registration process and/or any other interaction with the Website will be collected, stored and used in accordance with the Data Protection and Privacy Policy.
  2. You agree to use the Website communities in accordance with the following Community Rules. These apply across all the Website community sites and services.

(i) About your contributions:

  • Contributions must be civil and tasteful
  • No disruptive, offensive or abusive behaviour
  • No unlawful or objectionable content
  • No spamming or off-topic material
  • No impersonation
  • No inappropriate (e.g. vulgar, offensive etc.) user names, emails or material
  • Be patient

 (ii) No Monitoring:

Sound and Music assumes no responsibility for monitoring contributions or materials any part of the Website for inappropriate content or conduct. If any at time Sound and Music chooses, in its sole discretion, to monitor contributions, Sound and Music nonetheless assumes no responsibility for any contributions made by users, no obligation to modify or remove any inappropriate contributions, and no responsibility for the conduct of the user submitting any such contributions.

You are solely responsible for your contributions to the Website. We do not endorse and have no control over them, they are not necessarily reviewed by us prior to publication and do not reflect our opinions or polices. Sound and Music makes no warranties, express or implied, as to any contribution or as to the inaccuracy and reliability and expressly disclaim any and all liability in connection with them.

If you become aware of any contributions on the website which contain materials which breach any of these Terms and Conditions or are objectionable in any way please contact us by email: info@soundandmusic.org

(iii) Legal requirements:

  • You may not submit or share any defamatory or illegal material or content of any nature in the Website communities. This includes text, graphics, video or audio
  • Contributing material to a the Website community with the intention of committing or promoting an illegal act is strictly prohibited
  • You agree to submit to or share with the Website communities only contributions which are your own original work
  • You must not violate, plagiarise, or infringe the rights of Sound and Music or third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights

(iv) If you’re under 16:

  • Please get a parent’s or guardian’s permission before taking part in any the Website community or submitting content or material to the Website
  • Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address)

(vi) If you breach these Community Rules:

If you fail to abide by these Community Rules when taking part in a Website community, you will be sent an email which informs you why your contribution has been refused or edited.

This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

This action may include any content or material posted by you being checked before allowed to go on the Website or a temporary or permanent suspension of your ability to participate in any or all of the Website community areas.

If you submit or share offensive or inappropriate content to or with any the Website communities or anywhere else on the Website or otherwise engage in any disruptive behaviour on the Website, and Sound and Music considers such behaviour to be serious and/or repeated, Sound and Music may use whatever information that is available to it about you to stop any further such infringements.

This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).

Sound and Music reserves the right to review, store, copy, edit, reject, block, delay, suspend, remove or delete any contribution or material, take down any part of the Website at any time and in our sole discretion or take action against any third party account, at any time, for any reason.

Disclaimers and Limitation of Liability

  1. Sound and Music is not responsible for any content posted by members of the public on the Website or for the availability or content of any third party sites that are accessible through the Website.
  2. Any links to third party Websites from the Website do not amount to any endorsement of that site by Sound and Music and any use of that site by you is at your own risk.
  3. Sound and Music shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other Website or resource.
  4. If you have any concerns regarding any external link on the Website please contact us by email: info@soundandmusic.org
  5. You assume total responsibility and risk for any purchases you make, or any arrangements you enter into, in connection with any products, services or events offered or advertised on the website. All such purchases or arrangements are transactions solely between you and that third party business or individual.

We are not a party to any such transaction and do not endorse or recommend any such products, services of events. We accept no liability whatsoever for any loss, whether direct or indirect, arising in connection with the transaction.

  1. The Website content, including (but not limited to) the information, names, images, pictures, audio, logos and icons regarding or relating to Sound and Music, its products and services (or to third party products, services, events or other information), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, Sound and Music excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy in timeliness, completeness or performance of the website or any of the content.

While we try to ensure that all content and material provided by Sound and Music is correct at the time of publication no responsibility is accepted by or on behalf of content on the Website.

  1. Nothing in these terms limits or excludes Sound and Music’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Sound and Music shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.
  2. Sound and Music do not warrant that functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website, the server or any material for downloading that makes it available are free of viruses or bugs.

You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

General

  1. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
  2. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
  3. These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
  4. If would like to contact us, please contact us via email: info@soundandmusic.org or by post at [Sound and Music, 3rd Floor South Wing, Somerset House, Strand, London WC2R 1LA]
  5. If we need to contact you, we will use any of the contact details (including any email or postal address) which you have provided during any registration process.
  6. Sound and Music reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website or the content or services available through them, including your access to them. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.
  7. The failure or delay of Sound and Music to exercise or enforce any right in these terms does not waive Sound and Music’s right to enforce that right.
  8. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.

Acknowledgement

By using this website you acknowledge that you have read the Terms and Conditions and the Data Protection and Privacy Policy and that you consent to the collection of information from you and use of such information, including through the use of Cookies.

Contact us

If you have any questions, please contact us at:


Sound and Music
Somerset House,
3rd Floor , Strand, London, WC2R 1LA

www.soundandmusic.org
info@soundandmusic.org

The Organisation for New Music and Sound – (trading as Sound and Music)
A company limited by guarantee registered in England under number 6581022

Last updated: September 2020