TERMS AND CONDITIONS OF THE WEBSITE
The Little Music Bazaar
1 Introduction
1a. Welcome to thelittlemusicbazaar.com. This website is a shop where music teachers and string players can purchase music written by us which they can download and print off at home.
1b. “We”, “us”, “our” and “the website” refer to thelittlemusicbazaar.com and “The Little Music Bazaar” which is the name of our business. “User” refers to the visitors using the website and “you” refers to you, the user.
1c. These Terms and Conditions were originally written in English. We reserve the right to have them translated into any other language. In the event of a conflict arising between this English version and a version that has been translated into another language, the English version will remain the one that will control.
1d. It is up to you as a user of the site to keep your password safe at all times and not to share it with anyone. For details of our how we use your data, please refer to our ‘Privacy Policy’ as stated on the website.
2 Your Agreement with us.
By accessing our website and using our services, you agree to abide by the rules and regulations listed in these Terms and Conditions. We reserve the right to amend and modify these Terms and Conditions at any time and by continuing to use the website you signify that you agree with these amendments and will abide by them. We will make every endeavour to make you aware of any changes and amendments as they happen.
3. Third party rights and copyright
3a. All content included on the website is the property of The Little Music Bazaar, our affiliates and other relevant third parties. In these Terms and Conditions, Content means any text, graphic images, audio video software, data compilations, page layout, underlying code and software and any other forms of information capable of being stored in a computer that appears or forms part of this website, including any such content uploaded by users. By using this site you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting any license or right to use any trademarks, logo or service mark displayed on the site without the owner's prior permission. Any user who is found to have used any of our trademarked or intellectual property will have their account terminated immediately.
3b. You must not copy, distribute, transmit, publish, transfer or re-sell any content that appears on The Little Music Bazaar.
4. Responsibility of users when posting content to the website
4a. If you wish to use this site and any social media connected and owned by The Little Music Bazaar (Facebook, Twitter and Instagram pages, and any YouTube video page that we might set up), to post reviews and comments about our products, then we ask you to please abide by the following terms of use. As contributors to The Little Music Bazaar then you, as users, are responsible for any content
that is posted to the site.
4b. When posting content to the site and affiliated social media pages, you must not:
i. violate any laws
ii. post any threatening, obscene, defamatory, racist, false or misleading material
iii. post any material that violates the copyright of a third party
iv. distribute spam, junk mail, machine generated or commercial material that diverts user to a third party and totally unrelated website
v. post content that might make other users believe that you are a different person from the actual person that you are
vi. post content that can be used for commercial purposes
vii. create content that is known to be contaminated with any viruses, corrupted data of any sort, disrupted files, trojan horses, malware or worms
4c. We have the right (but not the obligation as we cannot be responsible for content that we do not see) to remove any content that we think in our reasonable opinion violates and breaches any of the terms of use.
4d. You the user take sole responsibility for what you write and post onto the website and you are entirely responsible for any actions taken against you as a result of something you have written and contributed to the website and its associated social media.
4e. While every effort is made to deter posting content on our website or on its affiliated social media that breaks the terms of use, we cannot guarantee that the content on the site will not contain certain content that breaks the Terms and Conditions. We take no responsibility for content that breaches the terms of the posting content regulations set out above.
5 Disclaimers
5a. While we try at all times to keep the website running smoothly, there may be times when technical issues overtake us and we have to make repairs and changes to out site. When problems, technical or otherwise, are found to be on the site, discovered by ourselves and reported by you to us, we will endeavour to deal with these problems as quickly as we possibly can.
5c. We give no guarantee that the service will be free of defects and/or faults.
5d. Whilst The Little Music Bazaar uses reasonable endeavours to insure that the website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users take responsibility for their own security, that of their personal details and their computers.
5e. The Little Music Bazaar reserves the right to alter, suspend or discontinue part of (or the whole of) the website, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
6. Links to other sites
6a. This website may contain links to other websites. Unless expressly stated, these sites are not under the control of The Little Music Bazaar.
6b. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss and damage arising out of using them.
6c. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
7. Limitation of liability
7a. Nothing in these terms and conditions will limit or exclude our or your liability for fraud or fraudulent misrepresentation
7b. To the extent that this website is free of charge, we will not be liable to you for any loss or damage of any mind.
7c. We will not be liable to you in respect of any losses out of events beyond our reasonable control.
7d. To the maximum extent permitted by law, The Little Music Bazaar accepts no liability for any of the following: any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities, loss or corruption of any data, data base or software, any special, indirect or consequential loss or damage.
8. Making purchases on our website
8a. The contract between us at The Little Music Bazaar and you, the user, begins the moment you receive the acceptance of your order confirmation email from us to the email address you gave us when you made your purchase. You will have ticked the acceptance of the Terms and Conditions box and you will then be subject to the Terms and Conditions laid out in these pages.
8b. At that point you have 14 days in which to change your mind about the purchase you have made. But if you click the download button and download your purchase at any time during those 14 days, you waive your right to the 14 day cooling off period.
8c. When choosing to buy music from us you should always check the software versions and the format of the download and that you have a fast enough internet connection before making any decision to purchase. (See How It Works)
8d. When purchasing and downloading audio, video and sheet music, and when printing off the sheet music, you, the user, do so at entirely your own risk. The Little Music Bazaar cannot be held responsible for any damage to users' PCs or printers that occurs as a result of downloading and printing off the sheet music that you have purchased from us.
8e. The price of music on this site is subject to change without prior notice.
8f. When making a payment you agree to make payments to us in a manner that we stipulate at the time of you making a decision on what you wish to pay for.
9. Refunds
9a. Digital downloads cannot by their nature be returned and if you download your purchase during the 14 day cooling off period, then you waive your right to a refund.
9b. If you make your purchase and the download is faulty and you are unable to rectify the problem or resolve the issue yourself, then please contact us and we will either help you to resolve the problem, or we will cancel your order and refund your payment if we are unable to resolve it. The Little Music Bazaar will then have no further liability to you.
10. Digital downloads
10a. When you purchase digital printable sheet music from us at The Little Music Bazaar you are purchasing the right to print each copy of the music two times only.
10b. You do not have the right to:
i. redistribute the sheet music in any way for commercial reason
ii. change, alter or edit the sheet music in file form or in a print out, in any way.
10c. When you purchase audio and video downloads from us you have the right to:
i. listen to your downloaded files unlimited times.
ii. burn the downloadable audio files onto an audio cd two times only
iii. transfer downloadable audio files onto a portable device two times only
iv. use the audio download of the recorded piano backing in a public performance
10d. When you purchase audio and video downloads from us at The Little Music Bazaar you do not have the right to:
i. redistribute, share or rent the downloaded products with or to any third parties
ii. use the full live performance audio track in any public performance. This track is purely for educational and practice purposes.
11. General
11a. The terms and conditions laid out here and in the privacy policy and the cookie policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms and Conditions.
11b. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
11c. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
11d. Contact details
The Little Music Bazaar operates as the website name: www.thelittlemusicbazaar.com
You can contact The Little Music Bazaar at: thelittlemusicbazaar@gmail.com
Website address: 50 Welford Road, Shirley, Solihull, West Midlands, B90 3HU.
Copyright © 2021 Catherine Howe All Rights Reserved