1 .Introduction

  • 1.1

    "Music Gateway is a web platform which is designed to be both simple to use and effective at generating creative and career development opportunities in the global music business. In my experience a lot of time can be wasted trying to find the right person to work with and in breaking through industry barriers to get to those personal milestones. This takes people away from the creative process. With so many obstacles to overcome on the path to success, I wanted to provide a system which handles the legwork and helps people get connected on a global scale with the right talent for their projects. For me, it's important to remember that making and enjoying music is what drives us and millions of other people each and every day. We hope that Music Gateway will make that musical journey easier and, ultimately, more fulfilling." Jon Skinner - CEO & Founder of Music Gateway.

  • 1.2

    www.musicgateway.net (the "Site") is a website operated by Music Gateway Limited, a company incorporated in England and Wales with registration number 07643390, whose registered office is at 8 Mount Rise, Redhill, Surrey, RH1 6JY, England ("Music Gateway" or "we"). Our head office address is 2nd Floor, 40-44 Church Street, Reigate, Surrey RH2 0AJ. Our VAT number is 163407422.

  • 1.3

    These terms of use (together with the documents referred to below (and accessible by click-through links) set out the terms on which you may use the Site, whether as a guest or a registered user. This includes accessing, browsing, or registering to use the Site.

  • 1.4

    Please read these terms of use carefully before you start to use the Site, as these will apply to your use of the Site. We recommend that you print a copy of this for future reference. By using the Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the Site.

2 .OTHER APPLICABLE TERMS

  • 2.1

    The following terms also apply to your use of the Site: Our Privacy Policy explains how and for what purposes we use information we collect about you. By using the Site, you consent to such use and you warrant that all information and data provided by you is accurate.

  • Our Acceptable Use Policy Acceptable Use, sets out the permitted uses and prohibited uses of the Site. When using our site, you must comply with the Acceptable Use Policy.

  • Our Copyright and Intellectual Property - Infringements Policy Reporting Infringements

3 .CHANGES TO THESE TERMS OF USE

  • 3.1

    We may revise these terms of use at any time by amending this page. These Terms and Conditions were last updated on 21st November 2017.

  • 3.2

    Please check this page from time to time to take notice of any changes we make, as they are binding on you.

4 .CHANGES TO THE SITE

  • 4.1

    We may update the Site from time to time, and may change content on it at any time without notice. Please note that content on the Site may be out of date at any given time, and we are under no obligation to update it.

  • 4.2

    We do not guarantee that the Site, or any content or information on it, will be free from errors or omissions, however we welcome your feedback. If you do identify errors or inconsistencies or have any suggestions, please let us know. You acknowledge we are under no obligation to amend or change Site content or information in light of this information.

5 .ELIGIBILITY TO USE THE SITE

  • 5.1

    By using the Site and, if applicable, by registering as a Registered User (as defined below) you warrant to us that you have the right, authority and capacity to agree to and to abide by these terms of use and you agree to and will at all times abide by these terms of use. We may at our discretion decide whether or not to accept any particular applicant as a Registered User.

  • 5.2

    If you are using the Site as a business entity, you warrant that you have the authority to legally bind that entity. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law.

  • 5.3

    Use of the Site is restricted to persons aged eighteen (18) years and over. If the person is aged below eighteen (18) years then they must seek consent by a parent and/or legal guardian who does hereby acknowledge that they have read and understood the Site and these Terms and Conditions. The parent and/or legal guardian understands that our Site allows the User to potentially secure connections and general music related business and possibity of securing licensing from other Users and or clients of the Site. These licenses of musical copyrights will require professional and legal advice which is the sole responsiblity of the User to be sought outside of the Site. If the parent and/or legal guardian requires a better understanding of our Site, we recommend that they contact us for written or verbal confirmation for any queries they may have. We cannot comment on any other User or provide advice other than information relating directly to the use of the Site and it's basic understanding.

6 .ACCESSING THE SITE

  • 6.1

    We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

  • 6.2

    The Site may be accessed by any computer device, including mobile and tablet devices, however the Site is designed and tested within most modern browsers, therefore some of the Site features and functionality may not be compatible with older browser types and certain mobile devices or tablets.

  • 6.3

    You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and that they comply with them.

  • 6.4

    Certain areas of the Site and the services provided on it are reserved to Registered Users (as defined below).

  • 6.5

    You acknowledge and agree that we may include third party advertising, sponsorship and/or endorsements including for any product, service or clause on or in connection with the Site, related material and otherwise in connection with our services in each case in our sole discretion from time to time. We shall be entitled to retain any such advertising, sponsorship and/or endorsement revenues and other proceeds for our sole use and benefit.

7 .REGISTERED USERS

  • 7.1

    In order to fully enjoy the services provided on the Site you must create an account and become a "Registered User". As Registered User you will be entitled to:

    (a) Receive general email updates; (b) Post Projects and pitch for work and/or connections via Projects posted by other Registered Users. Registered Users who post Projects are sometimes referred to on the Site and in these terms of use as "Project Owner(s)". Registered Users who pitch for work on Projects are sometimes referred to on the Site and in these terms of use as "Picher(s)" and if a pitch is accepted by a Project Owner "Project Worker(s)"; (c) Receive and send personalised messages to other Registered Users in connection with specific Projects and the Project pitching process; (d) Use all sections of the Site (excluding areas which may be restricted to our Influencer and Game Changer Subscription users); (e) Personalise certain areas of the Site such as your personal profile page and upload content as part of your personal show reel or for Projects you are working on; (f) Rate and leave feedback about Registered Users you have worked with; (e) Take advantage of any special offers or additional services we may offer Registered Users from time to time at our discretion.; (g) To store online content files within your Account and to send that content to third parties outside of the Site.; (h) To create playlists of your content for presentation and display to third parties outside of the Site.;

  • 7.2

    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party except your authorised representatives. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email only using this email address only: Email: 

  • 7.3

    We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or if the Site becomes unavailable for any reason.

  • 7.4

    Registered Users who are individuals must be 18 years or older unless you are under 18 (eighteen) and comply with clause 5.3.

  • 7.5

    You may terminate your Registered User account at any time by sending a notice to us at the address set out in the Notices section (below). Account closure may not be made retrospectively and after your Registered User account is terminated relevant provisions of these terms of use shall remain in effect.

8 .REGISTERED USER ACCOUNTS

  • 8.1

    You agree that you are responsible for paying any taxes, including any goods and services or value added taxes or income tax, which may be applicable arising from your use of the Site and the provision of any services as a Project Owner or Project Worker and you indemnify Music Gateway from any losses, claims or expenses in respect of any such payments.

9 .PROJECT TRANSACTIONS

Relationship between you and Music Gateway
  • 9.1

    Music Gateway has many solutions and services, one of these solutions is it provides a platform to introduce users who wish to put music related Projects out to tender or to pitch for music related work on other Projects. The Site enables Registered Users to identify each other and work together online to complete Projects.

  • 9.2

    Music Gateway's relationship with you is one of service provider and nothing in these terms of use shall constitute either of us as partner, agent or representative of the other.

  • 9.3

    We shall have absolute discretion as to whether or not we accept a particular applicant as a Registered User and for participation in the services provided on the Site.

  • 9.4

    We reserve the right to block or suspend any Registered User's use of the Site and the services on it without reason but expressly including if we think that they are violating these terms of use, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

  • 9.5

    You acknowledge and agree that Music Gateway is not involved in any contract between Pitchers/Project Workers and Project Owners and has no control over the quality or legality of the services provided by Registered Users on the Site, or the ability of contracting parties to provide the services or fulfil Project work or to pay for the services rendered.

  • 9.6

    We do not guarantee that any Registered User will actually complete a Project transaction or act lawfully in using the Site. Registered Users entering into Project transactions with other users do so entirely at their own risk.

  • 9.7

    Music Gateway does not offer any form of insurance or other protection however some forms of payment permitted on the Site, such as credit card, may offer limited protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

  • 9.8

    Information on the Site is provided on a general non-advisory basis and should not be considered professional, medical, legal, technical, or any other discipline-specific advice. Music Gateway does not have the resources to and does not undertake any obligation to, control, research, verify, validate, or approve content or information that is uploaded onto the Site. Users of the Site should use their own efforts to check that content and information on the Site is accurate and use caution and common sense when using the Site.

  • 9.9

    The services provided by Music Gateway to you are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services

Relationship between Registered Users
  • 9.10

    The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. If you do not qualify you must not use the services on the Site.

  • 9.11

    The parties to a project are the "Pitcher"/"Project Worker" and the "Project Owner".

  • 9.12

    When a Project Owner awards a project to a Pitcher, the Project Owner agrees to purchase, and the Pitcher agrees to deliver the services set out in the Project in accordance with these terms of use and the contractual provisions agreed between the Project Owner and the Picher for the Project. You agree not to enter into any contractual provisions which conflict with these terms of use.

  • 9.13

    By entering into a Project transaction with another Registered User, you create a legally binding contract with that user, unless the transaction is prohibited by law or by these terms of use.

  • 9.14

    You are responsible for ensuring that you comply with your obligations to other Registered Users. If you do not, you may become liable to that Registered User and Music Gateway. You must also ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Project Owner, Pitcher or Project Worker, use of the Site generally.

  • 9.15

    If another Registered User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Music Gateway has no responsibility for enforcing any Registered User's contractual rights.

  • 9.16

    We may from time to time take steps to confirm a Registered User's identity but we do not guarantee a Registered User's purported identity on the Site.

  • 9.17

    The relationship between Registered Users is that of independent contractors. Nothing in these terms of use creates a partnership, joint venture, agency or employment relationship between Registered Users or between Music Gateway and any Registered User.

Music Gateway's fees and charges
  • 9.18

    Our fees and charges are set out in section 10 below and can be viewed from our pricing page on the Site here. You should familiarise yourself with these fees and charges before you use the Site.

10 .TRANSACTION CHARGES, PROJECT FEES AND DATA STORAGE CHARGES PAYABLE TO MUSIC GATEWAY

How you pay our charges and fees
  • 10.1

    By registering as a Registered User, and providing us with a pre-authorised credit or debit card or other payment method you are authorising Music Gateway to take payment from your pre-authorised credit or debit card or other payment method when due for the Music Gateway's charges and fees set out below and as they may appear on the Site (as varied from time to time).

  • 10.2

    To cover the cost of processing credit and debit card chargebacks we will charge the user of the card a fee of £17.00 for a Sterling Trading Account, $25.00 for a Dollar Trading Account and €17 for a Euro Trading Account.

Additional File Storage Fees.
  • 10.3

    Each Registered User is allocated a file storage data at a level determed by their Account type. Registered User's may purchase additional storage limits for their Account at a price specified within the upgrade page on our Site.

Project Fees and Commission
  • 10.4

    If a Registered User's pitch for a Project is accepted by a Project Owner we will charge the Project Worker a fee equal to twenty five per cent (25%) or, if a Project Worker has an Influencer Account, fifteen per cent (15%) or, if a Project Worker has a Game Changer Account, then per cent (10%) is payable to Music Gateway on completion of the relevant Project ("Project Worker Fee"). This fee is only payable if the total number of transactions for the Project is over £1,000, $1,000 or €1,000. The Project Worker and Project Owner are equally responsible for notifying Music Gateway about the completion of the Project, if the Project transactions are over the amounts specified above then the fee will be due to Music Gateway and Music Gateway will invoice the Project Worker for the commission fee due. In certain circumstances, where there is a dispute between the Project Owner and the Project Worker in respect of the relevant Project we may (at our discretion) refund a Project Worker Fee. For more details about what happens if there is a dispute see section 20.

  • 10.5

    Project Owners may post a multiple of project types free of charge.

  • 10.6

    We offer Registered Users Membership subscription Accounts, which have a number of benefits which are advertised on our Site (including the reduced Project Worker Fee). Subscription Membership Accounts are chargeable on a monthly or annual basis and will automatically renewal either monthly or annually. Each monthly subscription fee payment is made each month on the day of signing up to the subscription or on the day the annual subscription is made and on the renewal date, one year after the subscription started. The current fees are displayed on the Site. Any Registered User who upgrades to a subscription account will be charged one full month's full fee from the date of upgrade and recurring payments will be taken on the same recurring day each month or year of annual. If the Registered User is upgrading from an existing subscription or changing from monthly to an annual subscription, then the first payment will be adjusted based on a pro-rata amount of the time remaining on their existing subscription. The new subscription period will start from the date of any upgrade.

  • 10.7

    Registered Users may sign up for subscription accounts Membership at a discounted annual rate payable annually in advance only. See pricing page for details.

  • 10.8

    You may cancel any subscription type by giving notice in your Registered User account settings page and receive a full refund at any time within fourteen (14) working days beginning on the day after you receive confirmation from Music Gateway of your subscription Membership provided that you have not used during the subscription Membership service during this period.

  • 10.9

    If Registered Users upgrade their Project postings we will charge a fee on upgrade. The details of which are displayed within the Site.

  • 10.10

    Please note all fees and charges including Membership subscription fees may vary from time to time. We shall notify users of any such changes and update these terms and conditions and other areas of the site displaying this information. Any existing subscription fees will not change if the services provided by the Site does not change.

Avoiding Music Gateway's Fees
  • 10.11

    Music Gateway's Project fees are intended to be fair and reasonable and proportionate with the value of the Project work being undertaken.

  • 10.12

    Registered Users are prohibited from under-tendering on Projects or attempting to renegotiate fees for a Project privately to avoid or reduce Music Gateway's fees on Project. We aim to provide a fair and open playing field on the Site and such activities inevitably undermine our business and interfere with the proper running of that marketplace.

  • 10.13

    By becoming a Registered User and using the services on the Site you agree to only negotiate with other Registered User fees for Projects on the Site via the Site. You agree not to contact any Registered Users to negotiate or re-negotiate any fee for a Project separately from the Site at any time after a Project has been posted. This includes where a Pitcher is not chosen for a Project which has closed but there is subsequently contact between the Project Owner and Pitcher about a Project.

Value Added Tax
  • 10.14

    The fees and charges set out above are inclusive of VAT (value added tax) or any equivalent taxes which may be payable in addition. If you have a company outside of the UK, you may be exempt from paying VAT. To qualify for exemption, you must own a company which is trading and registered for VAT outside the UK, within the EU or registered in the United States. The settings for exemption are managed from within your Registered User account settings page.

11 .UPLOADING CONTENT TO THE SITE

  • 11.1

    Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users on the Site, you must comply with the content standards set out in our Acceptable Use Policy Acceptable Use

  • 11.2

    You warrant that any such content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

  • 11.3

    Any content you upload to the Site will be considered non-confidential.

  • 11.4

    We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, rights to privacy or other rights.

  • 11.5

    We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site.

  • 11.6

    11.6 We reserve the right to remove any content you upload or post on our site if, in our opinion, it does not comply with the content standards set out in our Acceptable Use

  • 11.7

    The views expressed by other users on the Site do not represent our views or values.

12 .VIRUSES

  • 12.1

    We do not guarantee that the Site will be secure or free from bugs or viruses.

  • 12.2

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

  • 12.3

    You must not misuse the Site 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 the Site, the server on which our site is stored or any server, computer or database connected to the Site. You must not attack the Site 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 and contact details to them. In the event of such a breach, your right to use the Site will cease immediately.

13 .LINKING TO THE SITE

  • 13.1

    You may link to the home page on the Site, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location from which you link complies in all respects with our Acceptable Use Policy Acceptable Use. Links to or from any other parts of the Site are not permitted without our prior written consent unless the link is to a playlist or shared file from your Registered User Account.

  • 13.2

    You must not:

    (a) Establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Music Gateway without our prior written consent; (b) Establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or (c) Take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of the Site or our services as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available non-customised browser. You must not frame any part of the Site on any other website.

  • 13.3

    If you wish to make any use of material on the Site or if you wish to establish links other than that set out above, please address your request to us at Contact Us.

  • 13.4

    We reserve the right to withdraw linking permission without notice at our sole discretion

14 .LINKS FROM THE SITE

  • 14.1

    Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  • 14.2

    You should also be aware that our terms of use and policies do not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.

15 .INTELLECTUAL PROPERTY ON THE SITE AND TRADEMARKS

  • 15.1

    We (and any identified contributors) are the owner or licensee of all IP Rights (as defined below) in, relating to and in connection with the Site, Music Gateway and our services and in the material connected with or published on the Site and including without limitation the name "Music Gateway" and our logo(s), device(s) and get up. Such IP Rights are protected by applicable treaties around the world. All such IP Rights are reserved to us and/or any identified third party contributors (as may be applicable).

  • 15.2

    For the purposes of these terms of use (and the documents referred to in them) "IP Rights" means all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals of extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

  • 15.3

    You must not use any materials or content on the Site for commercial purposes without obtaining our or the relevant licensor's or (where applicable) other user's prior written consent to do so.

  • 15.4

    If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must at our option return or destroy any physical copies of the materials or content you have made and delete any electronic copies you have made. We reserve all of our rights and remedies at law including, but not limited to, seeking injunctions or other equitable relief and/or damages for any breach of the obligations in this section.

  • 15.5

    When you upload, post or otherwise transmit content onto the Site you are making that content publicly available to other users of the Site and you do so at your own risk. While we do not claim to own any rights in any information content (which is not owned or controlled by us), uploaded, posted or otherwise transmitted by you onto the Site you hereby grant to us a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and licence to use, reproduce, modify, adapt, perform or show in public, communicate to the public, distribute, transmit, broadcast and otherwise exploit on the Site and in connection with the promotion of Music Gateway's business. Please note that any music or files which are uploaded into the secure Project Workspace area(s) are only made available to authorised Project Workers (who are Registered Users) and have been granted permission to work on that Project and access by the Project Owner.

  • 15.6

    You represent, warrant and undertake that you own or have the necessary licences, rights, consents and permissions to grant the rights granted in section 15.5 to us.

  • If you believe that any of your work has been copied in a way that constitutes an infringement of any of your IP Rights or that your rights have otherwise been violated, you should refer to our Copyright and Intellectual Property Policy - Reporting Infringements

16 .INFORMATION ON THE SITE

  • 16.1

    Commentary, content, recommendations and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user, or by anyone who may be informed of any of its contents.

  • 16.2

    Nothing contained on, in or in connection with the Site provides or represents expressly or implicitly that any celebrity or other person endorses, recommends or uses any particular product or service and nothing contained on, in or in connection with the Site or our services should be seen as an official endorsement by any celebrity or other person.

  • 16.3

    We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

17 .NOTIFICATIONS AND SERVICE MESSAGES

  • 17.1

    We may alert you to certain changes or modifications to the Site or these terms of use by placing a banner notice across the Site pages. Alternatively, notice may consist of an email from Music Gateway to the email address associated with your user account (if any) even if we have other contact information. You also agree that we may communicate with you through your Registered User account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Registered User account or services associated with Music Gateway. Please review your account settings to control what kind of messages you receive from Music Gateway.

  • 17.2

    We shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site and its services.

18 .TERMINATION AND SUSPENSION

  • 18.1

    We may, at our option terminate, suspend or restrict your access to the Site or some or all of the services provided by on it without notice to you in the following circumstances:

  • (a) Where we consider (in our discretion) that you are misusing the Site, the services provided on the Site or other users or where you are acting in breach of these terms of use; (b) Where there is a regulatory or statutory change limiting the ability to provide access to the Site or the services on it; or (c) Where there is an event beyond our reasonable control which prevents us from providing access to the Site or the services on it.

19 .DISCLAIMER AND LIMITATION OF LIABILITY

  • 19.1

    Nothing in these terms of use (or the documents referred to in it) shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

  • 19.2

    Material and content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us hereby expressly exclude:

    (a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. (b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or our services or in connection with the use, inability to use, or results of the use of the Site or our services, any websites linked to the Site and any materials posted on it, including, without limitation any liability for:

    (i) Loss of income or revenue; (ii) Loss of business; (iii) Loss of profits or contracts; (iv) Loss of anticipated savings; (v) Loss of data; (vi) Loss of goodwill; (vii) Wasted management or office time; and (viii) Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

  • 19.3

    You will not hold us responsible for other user or third party actions or inactions.

  • 19.4

    We have no control over, do not guarantee, and you will not hold us responsible for:

    (a) The quality, safety or legality of any items or services advertised or recommended; (b) The truth or accuracy of any recommendations or referrals; or (c) The truth or accuracy of any information or other content posted on the Site.

  • 19.5

    You should not assume that any items or service advertised, listed or recommended is valid and legal simply because it is advertised, listed or recommended on the Site.

  • 19.6

    We cannot confirm or be responsible for ensuring the accuracy or truthfulness of other users' purported identities or the validity of the information which they provide to us or post on the Site.

  • 19.7

    Regardless of the previous paragraphs, if we are found to be liable, our liability and the liability of other members of our group of companies, our employees, directors and third parties connected to us shall be limited in any twelve (12) month period to the greater of: (a) the total fees (if any) which you have paid to us in relation to the services provided on the Site which gave rise to the liability; and (b) £100 (one hundred pounds).

20 . INDEMNITY

  • 20.1

    You agree to indemnify and hold our subsidiaries, affiliates, officers, agents, partners and employees harmless from any loss, liability, claim or demand (including legal fees) arising directly or indirectly from your use of the Site and/or our services, any breach or alleged breach by you of these terms or of use or any representations or warranties made by you or that you give during any application process to become a Registered User.

21 . DISPUTES

  • 21.1

    You may notify us in writing of a dispute using our disputes notification form which can be requested by Email: 

  • 21.2

    You acknowledge and agree that Music Gateway is not party to contracts between Registered Users on Projects or to any dispute which may occur between users relating to any Project and that Music Gateway has no obligation to resolve any dispute.

  • 21.3

    If we are notified of a dispute we reserve the right to take such action as we deem necessary or appropriate at our discretion. This may include suspending the applicable Project and/or a Registered User's Trading Account and or reversing any Interim Payments.

  • 21.4

    If you are involved in a dispute you release Music Gateway from any and all liability relating to it including any related claims, demands, actions, losses or damages and you indemnify us and hold us and our affiliates, officers and employees harmless from and against any related claims, demands, actions, losses or damages.

22 . DEMOSPACE SERVICE

Additional terms in relation to the Demospace service for Registered Users of the Site.
  • 22.1

    Registered Users may apply to use the Demospace feature to streamline the way they manage and receive demo music from individuals and companies of the public. These people may access the Demospace feature and may submit their information and music files for review and consideration to the said Registered User's Account. The Demospace feature can be activated by applied for access through a means of contacting a member of the Site's management. The Site may, at it's own sole digression authorise and/or unauthorise the Registered User to be able to access the service.

  • 22.2

    Registered Users accepted by the Site to use this feature on the service will not be charged any fee from the Site when it comes to the access and use of this Demospace feature. The Registered Users enaging in the service will actively seek to refer members of the public to their client branded landing page, which is accessible by the members of the public. The Registered User is referring these members of the public to this branding client landing page, whereby the members of the public may access the service as an applicant of the Registered User. These applicants are deemed as a referred Registered User of the Site and by accessing the service and submitting their music will jointly create a free Registered User Account on the Site. There is no fee to the applicant who may access the Demospace feature.

  • 22.3

    The Site will track the referred Registered Users Account that has engaged in the Demospace feature and pay a referral commission equal to ten percent (10 per cent) of any net fees generated by each referred Registered User for a period of twelve months (12 months) from the date of each referred Registered User joining the Site. Any commission generated will be added to the Demospace Account Holder's Registered User Account by the Site and may be provided with monthly statements outlining details of the activity of the service and any commission earned.

  • 22.4

    If an existing Registered User of the Site applies to any of the client branded landing pages for the service, then a referral will not apply and be tracked. For the avoidance of doubt, a referred user can only be deemed as a referral once during the lifetime of their Registered User Account.

  • 22.5

    For more information and details about this service, please contact the Site management for specific details and how to access the service.

23 . GENERAL PROVISIONS

  • 23.1

    Any failure or delay by us in enforcing compliance with these terms of use (or the documents referred to in them) shall not be a waiver of that or any other provision.

  • 23.2

    If any provision of these terms of use (or the documents referred to in them) is deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

  • 23.3

    A person who is not a party to these terms of use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these terms of use.

  • 23.4

    No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms of use (and the documents referred to in them.

  • 23.5

    If Music Gateway provides a translation of any English language version of these terms of use (or any documents referred to in them) you agree that the translation is provided for your convenience only and that the English language version of such documents will govern your relationship with us.

  • 23.6

    Headings in these terms of use (and the documents referred to in them) are for reference purposes only and do not limit the scope of extent of this User Agreement.

24 . INTERNATIONAL USE

  • If you access the Site from locations outside the United Kingdom you are responsible for compliance with local laws applicable to your access and use of the Site and the services.

25 . GOVERNING LAW AND JURISDICTION

  • These terms of use (and the documents referred to in them) their subject matter and any non-contractual disputes or claims arising out of them are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales although we reserve the right to bring proceedings against you for breach of these terms of use (or any of the documents referred to in them) in your country of residence or any other relevant country in the world.

26 . CONTACTING US / NOTICES

  • 26.1

    In addition to Section 17 (Notifications and Service Messages), we may also notify you via postings on www.musicgateway.net.

  • 26.2

    If you have any concerns about any information or content which on the Site or complaints about or relating to the Site, please get in touch via the Contact Us section link located at the bottom of the home page. We will endeavour to respond to any concerns and complaints as soon as practicable.

  • 26.3

    Any legal notices (including any notification of infringement of copyright or other right) to be given by you to us should be sent by Email: