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terms & Conditions

Welcome to the TMSA Music Map. These are our terms and conditions for use of the Music Map website.

In these terms and conditions, when we say the “Music Map” we mean the TMSA Music Map created and operated by the Traditional Music & Song Association of Scotland (TMSA). However you access the Music Map, you agree to be bound by these terms and conditions.

  1. Use of material appearing on the Music Map

Your use of the Music Map is for your own personal and non-commercial use only. The Music Map is protected by the copyright laws and other intellectual property laws of the United Kingdom and protected globally by applicable international copyright treaties.

You may download and print extracts from the Music Map for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Music Map material for any other purpose without our prior written approval. Except as expressly authorised by the TMSA, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Music Map.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at office@tmsa.org.uk.

  1. Disclaimer of liability

To the extent permitted by law, we do not accept any responsibility for any statement in the Music Map. Nothing in the Music Map is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Music Map or any part of it. You can access other sites via links from the Music Map. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Music Map or its content. In particular, we do not warrant that the Music Map or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Music Map, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

If you are accessing the Music Map from the United States or Australia, the additional disclaimers and limitations of liability in Sections 10 and 11 and apply.

 

  1. User content

Users of our site may be permitted to submit content for publication in various areas of the Music Map. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Music Map.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Music Map.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Music Map or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of the TMSA, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Music Map.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Music Map to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Music Map or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Music Map, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Music Map for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Music Map may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. The TMSA assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Music Map.

If you are under 16, you confirm that you have permission of your parent or guardian to submit content.

Any queries regarding copyright and your content should be directed in the first instance to office@tmsa.org.uk.

  1. Apps

In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.

  1. Data Protection/Privacy Policy

Our privacy policy forms part of these Terms & Conditions for details of how personally identifiable information is collected and may be processed or shared with others. You will find the full Privacy Policy at the end of these articles.

  1. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Music Map. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Music Map after it has been posted.

  1. Governing law & jurisdiction (except for US users)

These terms and conditions are governed by Scottish law and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the TMSA, its branches, affiliates, and officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

  1. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of the TMSA.

Additional terms of use for users in the United States and Australia

  1. Additional restrictions on user content for US users

In addition to section 6 the terms in Section above, you agree not to use the Music Map to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).

  1. DMCA notice for US users

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Music Map infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

(i) identification of the copyrighted work or works claimed to have been infringed; 
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name a address, telephone number, and, if available, an email address; 
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law; 
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;

Notifications of claimed infringement need to be sent to:  office@tmsa.org.uk. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

  1. Additional disclaimers

Visitors to the Music Map agree that their use of the Music Map is at their own sole risk. The Music Map is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Music Map; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. The TMSA also makes no representations and warranties as to any linked sites and the TMSA has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Music Map may represent the opinions and judgments of providers or users, such as user content. The TMSA and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Music Map by anyone other than authorised TMSA employees acting in such capacity. 
This disclaimer of liability applies to any damages or injuries caused by the Music Map, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Music Map; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. The TMSA  does not warrant or guarantee that access to the Music Map will be uninterrupted or error-free. 
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

  1. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL THE TMSA OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MUSIC MAP SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MUSIC MAP. THE EXCLUSION OF LIABILITY IN THIS SECTION 13 APPLIES EVEN IF THE TMSA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, THE TMSA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING THE TMSA’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

  1. Exclusion of warranties (for Australian users)

The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by the TMSA of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 2, 12 and 13 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).

Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on the TMSA are expressly excluded under these terms and conditions.

  1. Non-Excludable Obligations (for Australian users)

In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), the TMSA liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

© 2018 TMSA. All rights reserved.

 

 

Our Privacy Policy

1 We do our very best to protect your privacy by using security technology appropriately. This means:

  • we make sure that we have appropriate security measures to protect your information; and
  • we make sure that when we ask another organisation to provide a service for us, they have appropriate security measures.

2 We will respect your privacy. You should receive marketing emails only from us and, if you agree, from other organisations we have carefully chosen. We will make sure it is clear when you can make these choices, for example, we have boxes you need to tick if you want to receive marketing. However, we may email you occasionally with information or questions about your registration, your subscription account or postings, for example, with reminders, warnings or copyright requests.

  1. We will collect and use individual user details only if we have your permission or we have sensible business reasons for doing so, such as collecting enough information to manage subscriptions.

4 We will be clear in our dealings with you as to what information about you we will collect and how we will use it.

5 We will use personal information only for the purposes for which it was originally collected and we will make sure we delete it securely.

6 Our site is accessible via the internet. This means that people around the world who access our website can see anything you post on the website, for example, comments about an article.

7 If we or our service providers transfer any information out of the European Economic Area (EEA), it will only be done with the relevant protection (stated under UK law) being in place.

How we use your information

What information do we collect?

We collect information on you:

  • when you register to receive the TMSA Music Map newsletter
  • when you use the website
  • through cookies
  • if you choose to reveal information in postings, and
  • when you enter sales promotions and competitions.

Certain services that we provide may involve us collecting extra information (Membership, for example), such as where you are, so the service can be provided as designed. This may also apply to certain apps that you download, or which we provide.

Registration

The minimum information we need to register you is your name, email address and a password. We will ask you more questions for different services, including sales promotions. Unless we say otherwise, you have to answer all the registration questions.

We may also ask some other, voluntary questions during registration for certain services (for example, professional networks) so we can gain a clearer understanding of who you are.

After you have registered, and with your permission, we may send you emails we think may interest you. At any time you can decide not to receive these emails and will be able to ‘unsubscribe’.

Use of children’s data

We do not knowingly collect or store any personal information about children under the age of 16.

Updating your personal information

Contact office@tmsa.org.uk if you need to update your personal information and change your preferences.

Who we share data with

We will not share your personal information with others for marketing purposes unless you have given us your permission. If we have your permission, we will share your information only with other organisations we have chosen carefully.

We may make other organisations’ services available, through our sites, although we are not necessarily operating these sites. We process any information which we collect when you access a service provided by another organisation under this privacy policy. Information these other organisations collect is governed by their own privacy policies.

We can access and release personal information to keep to relevant laws and government requests, to operate our systems properly and to protect both us and our users.

Any other organisations who access your information in the course of providing services on our behalf will be governed by strict contractual restrictions to make sure that they protect your information and keep to data-protection and privacy laws which apply. We may also independently audit these service providers to make sure that they meet our standards. We may use service providers to help us run these sites (or services available on the sites), some of whom may be based outside the EEA.

Some of our webpages use plug-ins from other organisations (such as the ‘Facebook Recommend’ function). These other organisations may use information about your visit to our websites on their pages. If you browse these pages while still also logged in to your account with us, information they collect may be connected to your account on their site. For more information on how these organisations use information, please read their privacy policies.

Use of Cookies

We use cookies for a number of reasons.

1 For statistical purposes to track how many users we have and how often they visit our websites. We collect information listing which of our pages are most frequently visited, and by which types of users and from which countries.

You can turn cookies off but if you do this, you may not be able to use all services on our websites and you might see more pop-ups and other advertising. This is because we won’t be able to limit what you see by using cookies. However, you will still be able to see our general Music Map content.

By using the sites you are agreeing to the use of cookies as described.

Google Analytics

We use Google Analytics on our sites for anonymous reporting of site usage and for advertising on the site. If you would like to opt-out of Google Analytics monitoring your behaviour on our sites please contact office@tmsa.org.uk

Legal information and how to contact us

Under the UK Data Protection Act 1998 we have to say who the ‘data controller’ is for our Music Map and services provided through our websites. The data controller is the Traditional Music & Song Association of Scotland (TMSA), The Signal Box, 5 Appin Lane, Edinburgh EH14 1JL.

If you would like access to or a copy of the personal information we hold about you, to request a correction, or have any questions about how we may use it or to make a complaint, please contact the Data Protection Manager at email office@tmsa.org.uk.

Complaints will be dealt with by the Data Protection Manager, and will be responded to within 30 days at the latest.

If you are not satisfied with the way your complaint was handled, you may 
be able to refer your complaint to your local data protection regulator. For example, in the United Kingdom this is the Information Commissioner’s Office, and in Australia is the Office of the Australian Information Commissioner.

Policy created January 2018

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