The access and use by you of www.hummingbirdmusic.uk ("the website") and the services of the Hummingbird Music online music search and download facility ("the Services") provided by the Website is subject to these Terms and Conditions. By using the Website and/or the Services you are deemed to have agreed to all the terms, conditions and disclaimers contained in this notice and you will not use the Website and/or the Services in any way that contravenes these Terms and Conditions. If you do not agree to these Terms and Conditions in full then you are not permitted to access or otherwise use the Website and/or the Services.
Hummingbird Music reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website and/or the Services following any such changes shall be treated as acceptance by you of such changes. Hummingbird Music reserves the right for any reason in its sole discretion to terminate, change, suspend or discontinue any aspect of the Website and/or the Services including without limitation the content.
The Website provides access to music for professionals working in film, television, radio, advertising and new media including listening to music tracks to appraise their suitability for use in a production, auditioning with an uploaded film and downloading the sound recording for the purpose of using it in a production subject to securing all necessary licences for such use.
The ability to access all the facilities provided by the Website is dependent upon you being accepted as a registered user of the Website. To complete the registration process you will need to provide certain information and register a username and password for use with the Website. You are responsible for maintaining the confidentiality of your username and password and also for all activities, which take place when your username and password are used to log in to the Website. You agree to notify us immediately when you become aware of any unauthorised use of your username and password or any other breach of security. In no event will Hummingbird Music be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
You agree that you will only use the Website and the Services in accordance with the purpose prescribed by Hummingbird Music and you warrant that you will not use the Website and/or the Services in any way which infringes the copyright, trademark, patent or other proprietary right of any party.
Hummingbird Music shall have the right to terminate your access as a registered user of the Website and the Services without notice at any time, for any reason, including without limitation the breach by you of any of these Terms and Conditions. You agree that Hummingbird Music shall not be liable to you or any third party for any termination of your access to the Website or the Services including the suspension or discontinuance of the Website and/or the Services.
All copyright and other intellectual property rights in all text, images, artwork, sound recordings, musical compositions, software and other content on the Website are owned by Hummingbird Music except content uploaded by users searching for music for a production which could include images, artwork, sound recordings, musical compositions, software and other content. You may only use the Website and the Services for the purposes of searching for, auditioning and downloading music for use in professionally created audio visual productions. All uses of music downloaded from the Website and/or the Services must be licensed through the relevant music publisher. All rights of the owners of the sound recordings, musical compositions and performers in respect of the content on the Website and the Services are reserved. Unauthorised public performance, broadcast, communication to the public, copying and distribution is prohibited. The recordings which may be accessed from the Website and the Services are specifically produced for film, television, radio, advertising and new media under industry agreements. Their use is subject at all times to obtaining an appropriate licence from the copyright owner or its relevant agent prior to any exploitation or use of the relevant production or recording.
You agree to indemnify Hummingbird Music from and against all costs, claims, demands, proceedings and damages including its own reasonable legal costs which are incurred by it howsoever arising in respect of any breach by you of these Terms and Conditions and from and against any claim or demand brought against Hummingbird Music by any third party arising out of your use of the Website and/or the Services.
To the extent permitted by law Hummingbird Music will not be responsible or liable for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by you arising out of or in connection with the use of the Website and/or the Services. Use by you of the Website and the Services is at your own risk. The Website and the Services are provided on an "as is" and "as available" basis without any representation or warranty of any kind whether express or implied including but not limited to any warranty as to content and accuracy of information, usefulness, title, non-infringement, fitness for a particular purpose or that the Website and the Services will meet your requirements. Further, no warranty is given by Hummingbird Music that the functionality of the Website and the Services will be uninterrupted or error free, that defects will be corrected or that the Website and the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. If you are dissatisfied with the Website or the Services your sole remedy is to cease using them.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Your Name, contact information including email address and/or telephone number. Demographic information such as postcode, business address preferences and interests.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional emails about special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information and work is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online and any files you upload to www.hummingbirdmusic.uk and will not share it with any third party.
Our website may contain links to other websites of interest. Once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please email firstname.lastname@example.org. If you believe that any information we are holding on you is incorrect or incomplete, please email email@example.com as soon as possible. We will promptly correct any information found to be incorrect. We do not store your credit or debit card information.