Minute of Listening Terms of Use

Introduction

Welcome to minuteoflistening.org (the ‘Website’).
These terms and conditions apply to your access to the Website and use of the Minute of Listening Project (the ‘Project’), which is brought to you by The Organisation for New Music and Sound located at 3rd Floor, South Wing, Somerset House, London WC2R 1LA, Registered Charity 1124609 (‘Sound and Music’). References to “we”, “our” and “us” are references to Sound and Music.
The whole agreement between you and us is set out in these terms and conditions (these ‘Conditions’) and our Privacy Policy.

The Project

The Project includes a series of one-minute recordings that are designed to be used in schools and other educational establishments. The Project comprises the Format Rights defined in the glossary below.

We have created the Project and either own the recordings or have permission from the owners of the rights in the recordings to make them available to you subject to these Conditions and for the purposes that we set out below.

We make the Project available to:

  • individual schools;
  • local authorities, academy chains or other consortia of schools for use in multiple schools or other educational institutions under their control;
  • music education hubs;
  • other educational institutions;
  • individuals who work in more than one school or other educational institutions, such as peripatetic music teachers;
  • international distributors; and
  • other institutions working with multiple schools or educational settings.

We refer to the institution or individual authorised to use the Project as ‘you’ in these Conditions.

In order to make use of the Project, you will need to register with us and pay the licence fee specified to you (the ‘Fee’), unless you have already entered into a separate licence agreement with us (for example, if you are a distributor, consortia of schools, music education hub or other institution working with multiple schools or educational settings (an “Organisation”)), or if you are granted use of the Project via your relationship with such an Organisation.

Your right to use the Project

The Format Rights are licensed and not sold to you. That means that we give you permission to use the Format Rights for the specific purpose of delivering the Project to pupils in your school in your relevant territory.

Once you or your Organisation has paid the Fee or agreed the terms, we will grant you access to the permitted areas of the Website. You will gain access by either: receiving an email from us with your log in information; or by signing up for a free account and requesting to join your Organiation; or via a link provided by an invitation email.

Via this information, you will then log into the Website and accept these Conditions.

Once you agree to the Conditions, your licence of the Format Rights will commence.

If you have a single licence for use in your school or educational setting, you may use the Project (and Format Rights) for the period of one (1) year from the date on which you accept the Conditions in accordance with paragraph 3 (c) above.

If you are an Organisation, you must enter into a separate licence agreement with us, which may involve a different process for accessing the Content and triggering the Format Rights licence.

If you are using the Project because of your relationship with an Organisation, you may use the Project (and Format Rights) for the period of one (1) year from the date on which the licence for that Organisation commences in accordance with 3 (f) above.

Unless your licence is renewed (subject to our approval and payment of any revised fee) at the end of that year you will no longer have access to the Project. This is because we only have the rights to give you permission to use the Format Rights for one year from when your licence commences and any continued use of the Project and Format Rights by you beyond that period without a licence would constitute an infringement.

Only the number of users agreed between you and us may use the Project at the same time as each other.

You may not copy the Project, the Format Rights or any of their contents, or send them to anyone else outside your institution’s computer system. This is very important because much of the material on the Project has been created by third parties 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.

Only you (defined as one of the categories of users in 2 (c)) may use the Format Rights and Project and you may not give permission to anyone else to do so.

The Format Rights belong to us or to people who have given us permission to use it as we have set out in these Conditions. You will not obtain any such rights as a result of accessing or using the Project.

You must treat your log in details as strictly confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions.

If you know or suspect that anyone other than you knows your access code, you must promptly notify us at education@soundandmusic.org.

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 Format Rights.

Payment

The Fee charged to individual schools or peripatetic teachers for the Format Rights is the price quoted on the Website at the time of your registration, excluding VAT. We may change the Fee at any time but this will not affect the amount you have already paid for using the Format Rights during the one-year term.

We accept 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 a discount code as provided to you by us.

Your payment of the Fee is confirmed at the point when you receive payment notification from us. Please note that we are unable to accept cancellation of any orders for the Format Rights, nor offer any refund for such orders, once we have issued you with the login details.

If you are an Organisation, you must contact us to find out the Fee for the Format Rights. Please email us on education@soundandmusic.org to discuss your requirements. We will provide you with our standard form of licence, which sets out the process you must follow in order to access the Project and start using the Format Rights.

Technology Limitations and Viruses

We do not warrant that the use of the Format Rights will be uninterrupted or error-free, nor that use of our Website will be free from loss, corruption, viruses, interferences, hacking or other security intrusions.

We will make reasonable efforts to keep the Website operational and available during the period of the licence. However, technical difficulties or maintenance may, from time to time, result in temporary interruptions.

We will provide technical support for the Project for the duration of the licence granted under these Conditions. Technical support contact details are available via the Website. We aim to provide a response to you within five working days.

We try to provide you the best service that we can, but you agree that your use of the Project or any services provided via the Website is at your own risk. We do not promise that the Website 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.

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own anti-virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Our rights

If you breach these Conditions, we may revoke your access and/or permission to use the Website and terminate your licence to use the Format Rights.

We shall be able to exercise any of our rights under these Conditions regardless of how much time has passed since we were first entitled to do so.

No reliance on information

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property on our Website and in the Format Rights, and in the material published on our Website.

You must not use any part of the content on our Website for commercial purposes without obtaining a specific licence to do so from us or our licensors.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal or non-commercial use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, images, photographs, recordings, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website and the Project must always be acknowledged.

If you print off, copy or download any part of our Website in breach of these Conditions, your right to use our Website and the Format Rights will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

MINUTE OF LISTENING is a UK registered trade mark of Sound and Music. Other than as provided in these Conditions, you are not permitted to use our trade mark without our approval.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

Third Party links and resources in our Website

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Complaints

If you have any complaints about the Project or the Website, please email us at education@soundandmusic.org

Governing Law

These Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Glossary

Content: means the collection of sounds, music, image, text, audio-visual recordings and supporting resources and materials developed and compiled by Sound and Music for the Minute of Listening Project.

Copyright: means all and any copyright subsisting in the Minute of Listening Project in accordance with the Copyright, Designs and Patents Act 1988.

Design Rights: means the unregistered design rights, registered design rights set out in Part II of Schedule 3 and any future designs to be registered by Sound and Music, all relating to the Minute of Listening Project.

Domain Names: means the domain nameminuteoflistening.org and all other domain names (if any, including any in the future) registered by Sound and Music relating to the Minute of Listening Project.

Format Bibles: means any documents setting out formats, structure, sequence and designs relating to the Minute of Listening Project.

Format Rights: means the concept of the Minute of Listening Project, the order in which the Content is presented and all other rights contained in or relating to it, including the Trade Marks, Copyright, Design Rights, Domain Names and Format Bibles.

Trade Marks: means the registered and unregistered trade marks set out below, and any other trade marks used by Sound and Music in the future, whether registered or unregistered.


Contacting Sound and Music about these terms of use

Minute of Listening

Sound and Music
Somerset House
Strand
London
WC2R 1LA

education@soundandmusic.org 

www.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
Registered office: 3rd Floor South Wing Somerset House, Strand, London WC2R 1LA

Last updated – July 2018

 

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