Terms and Conditions

Introduction
1. Welcome to www.minuteoflistening.org (the Website).
2. These Terms and Conditions apply to your access to the Website and use of Minute of Listening 2015 (the Application), which is brought to you by Sound and Music located at 3rd Floor, South Wing, Somerset House, London WC2R 1LA, Registered Charity 1124609. References to “we”, “our” and “us” are references to Sound and Music.
3. The whole agreement between you and us is set out in these Terms and Conditions (the Conditions) and our Privacy Policy. 
4. The Application includes a series of one-minute recordings that are designed to be used in schools and other educational establishments. We have created the Application and have permission from the owners of the rights in the music or other sounds to make them available to you on the Conditions and for the purposes that we set out below.
5. We make the Applications available to:
a. Individual schools or other educational institutions;
b. Local authorities, academy chains or other consortia of schools for use in multiple schools or other educational institutions under their control; 
c. Music education hubs; and
d. Individuals who work in more than one school or other educational institutions, such as peripatetic music teachers.
We refer to the institution or individual authorised to use the Application as you in these Conditions. 
In order to make use of the Application, you will need to contact the team and place your order. You will receive the Application via a USB stick along with instructions of use. 
You will need to register with the team, pay the licence fee and download the Application on to your systems.
Your right to use the Application
6. The Application is licensed and not sold to you. That means that we give you permission to use and download the Application, via the USB stick, to your school’s computer system and use it to prepare and deliver teaching sessions to pupils in school but not for anything else. 
7. You may use the Application for the period of one (1) year from the date of payment of the licence fee.  
8. At the end of that year you must delete the Application from your computer system and let us know at education@soundandmusic.org that you have done so. This is because we only have the rights to give you permission to use the Application for one year. 
9. Only the number of users agreed between you and us may use the Application at the same time as each other.  
10. You may not copy the Application or send it to anyone else outside your school’s computer system. This is very important because much of the material on the Application has been created by other people such as composers and performers who own the right to use, distribute, broadcast or copy it. They lose out on their ability to make a living from their work if their rights are not respected. 
11. Only you (defined as one of 5(a) (b) (c) or (d)) may use the Application and you may not give permission to anyone else to do so.
12. You agree that we can send someone to your premises to check that you have deleted the Application as you have agreed to do in paragraph 8. 
13. All copyright, trade marks and other intellectual property rights in the Application belong to us or to people who have given us permission to use it as we have set out in these terms and conditions. You will not obtain any such rights as a result of accessing or using the Application. 
Payment
15. The price of the licence fee to individual schools or peripatetic teachers for the Application is the price quoted on the Website at the time of registration, excluding VAT. We may change the Application licence fee at any time. 
16. If you are a consortia of schools or a music education hub you must contact us to find out the price of the licence fee for the Application. Please email us on education@soundandmusic.org to discuss your requirements. Once a licence fee has been agreed, we will confirm and send you the Application via a USB stick in order to download the Application. 
17. We accept PayPal and all major credit and debit cards with the exception of American Express and Diners Club as methods of payment. We also accept the redemption of an access code as provided to you by us.  
18. Your purchase of the Application is confirmed at the point when you receive payment notification. Please note that we are unable to accept cancellation of any orders for the Application, nor offer any refund for such orders, once the Application has been distributed. 
Technology Limitations 
19. We will make reasonable efforts to keep the Application operational during the period of the licence. However, technical difficulties or maintenance may, from time to time, result in temporary interruptions.
20. We will provide technical support for the Application for the duration of the licence granted under these Conditions. Technical support contact details are available via the Website and in the Teachers pack (downloadable from the Website). We aim to provide a response to you within five working days. 
21. We try to provide you the best service that we can, but you agree that your use of the Application or any services provided via the Website is at your own risk. We do not promise that the Application will be free from loss, corruption, viruses, interferences, hacking or other security intrusions and we will not be liable to you in relation to any of them. 
22. You are responsible for ensuring that you can download the Application from the USB stick, in a format that is supported by your computer system.
How long do your rights last?
23. Except for paragraphs 8, 12 and 13 which last indefinitely, these Conditions last until one (1) year after you have downloaded the Application from the USB stick provided.
24. You may close your account at any time, for any reason, by contacting us at education@soundandmusic.org. This will mean that you no longer have the right to use the Application.
25. If you break any of the above Conditions, we may end your permission to use the Website and the Application. 
26. We shall be able to exercise any of our rights under these Conditions regardless of how much time has passed since were first entitled to do so.
Complaints
27. If you have any complaints about the Application or the Website, please email us at education@soundandmusic.org 
Governing Law
28. These Conditions are subject to English law and if there is any dispute relating to them that cannot be resolved between us it must be referred to the English courts.