Terms and Conditions

The following terms and conditions, govern the Website, and the Report as set out below, and also the Privacy Policy of Music Ally.

“The Website” refers to the domain and contents of www.musically.com (also registerd as www.musically.co.uk, www.musically.co.uk and www.musically.com) . “The Report” refers to the fortnightly PDF report, the weekly bulletin and the breaking news email updates. “The Service” refers to both the Website and the Report.

The terms and conditions were last updated on 4th January 2006.

References in these terms and conditions to “Music Ally” or “the Site” or “the Report” (or “we”, “us” or “our”) refers to the limited company Musically Ltd, registered in England and Wales, at 72 New Cavendish St, London, W1G 8AU. Company no: 4525243

Having read these terms and conditions, should you have any further queries, please contact us at: mail@musically.com, phone +44 (0) 207 420 4320 or at the above address.

From time to time Music Ally may run competitions, promotions and surveys. These are subject to additional terms and conditions that will be made available at the time they are run.

Copyright Statement

Unless indicated otherwise, the contents of this Web site are the exclusive copyright of Musically Ltd. All rights reserved. Reproduction in whole or in part in any form or medium without written permission is prohibited except as set out in t&c outher than in accordance. For permission to reproduce any aspect of the content please email Music Ally at mail@musically.com, phone +44 (0) 207 420 4320 or at the above address
Access and Use

The Music Ally service is intended as a business to business service.

Access to the Site, other than the general access pages, are restricted to subscribers only. Non-subscribers may browse the free access pages only. Please note that the free access pages are also governed by these Terms and Conditions.

You may retrieve and display content on a computer screen or PDA; print individual pages on paper, or on a medium for personal, private use only and store such pages in electronic form on disk (Not on any public server, shared folder or storage device connected to a public network.) for your personal, non-commercial use. You may browse the website content using any compatible web browser, which may make transient cached copies to facilitate subsequent access. You may also store pages in an electronic form on disc for your own personal use only.

Users acknowledge that they may not re-distribute or make available for copying the Music Ally report, e-mails or other content without permission except as defined above. They must not adapt or amend either the content or the documents or files in which the content is delivered.

You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content without prior permission from Music Ally, except as defined above.

Where usage terms are subject to a separate contract, the terms of that contract shall take precedence.

You may not remove the copyright and/or trade mark notice(s) where applicable from any copies of content made in accordance with these Terms and Conditions.

Subscription

The Music Ally service is accessible only to paying subscribers. All transactions are made through our transaction partner Worldpay. Music Ally does not take or store credit card details. In case of doubt or dispute Music Ally will take responsibility for the refund of money subject to the conditions below.

You agree to pay any subscription fees at the rates from time to time applicable. Music Ally will notify you in advance of any price increases, and will offer the chance to cancel your renewal at a reasonable time before the price increase might take effect. If you are authorised to use the Music Ally subscription service through any corporate arrangement made with us, any payment terms below will not apply to you but will be subject to a separate contract.

Where subscription terms are subject to a separate contract, the terms of that contract shall take precedence. Pricing: The subscription price is set out on the pages which contain our subscription process – click here to access these. You can take out either an annual, bi-annual or monthly subscription which will automatically renew. Music Ally will notify you in advance of any price increases. If we give you a free trial, you will only be charged for your Music Ally subscription with effect from the expiry of that free trial period.

Cancelling or changing your Music Ally subscription

We will offer a full refund within the first seven days of signing up to the service if you are dissatisfied for any reason whatsoever. Where subscription terms are subject to a separate contract, the terms of that contract shall take precedence. In the case that you are not satisfied with the service, please mail us as soon as possible and we will endeavour to put right your concerns.

Liabilities

Music Ally will make its best endeavours to check the reliability of all information printed within the site but cannot take liability for any action undertaken on behalf of the information supplied herein or for any opinion expressed. In addition the content does not constitute any form of advice, recommendation or arrangement by Music Ally and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent research and advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this site are at your sole risk and responsibility.

Music Ally reserves the right to take technological steps to prevent or discourage piracy, including but not limited to watermarking, personalising and digital rights management. In the case of having distributed or copied Music Ally without permission, users agree to suspend all rights to make claims against Music Ally for any liability or damage that might arise.

We are not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.

By supplying your email address to the site you are warranting that you are allowed to receive emails at that email address. You agree that Music Ally has permission to stop sending you emails to that address without notifying you, if we receive a request from your employer or college, or other person or organisation who has a legitimate right to make such a request. In such an event we will seek to make alternative arrangements but will not be liable for refund.

Our liability is limited to the amount paid for subscription subject to the above Music Ally’s liability to you whether in contract, tort or otherwise is limited to the amount paid by you in respect of your registration, or period of subscription.

You agree that we have no control over third party content and information which can be accessed using the Website and that we do not examine or edit the use to which you or others put the Website or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. Similarly you agree that we are not responsible for third party sites which may link to Music Ally. You agree that except for death or personal injury arising through our negligence, or fraud or any other liability which may not by applicable law be excluded or limited , we exclude any liability whatsoever for any loss or damage arising from use of the Website.

We reserve the right to remove any information/material we deem to be in breach of any of these Terms and Conditions without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude any liability for the security of the services on the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems loss of profits, software, data, staff time or indirect or consequential loss.
Indemnity

You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or incurred or suffered (including reasonable legal costs) as a direct or indirect result of your breach of these Terms and Conditions, or any unlawful use involved in the website or reports.

Changes to these Terms and Conditions

We reserve the right to make changes to any part of the Website. Due to our policy of updating and improving the Website, it may therefore be necessary to change these Terms and Conditions. We indicate at the beginning of these Terms and Conditions the date on which they were last updated. As long as you have checked the relevant box to remain informed of legal changes, you can be kept informed by us of any changes to the site. If you no longer agree with the terms and conditions you will be able to unsubscribe.

Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions or your use of website or reports.

We shall retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.