User Terms and Conditions
The Website permits you to create either a guest account or an artist account. Guest accounts allow you to browse and search the Website, access and share artist Content and engage our Booking Services or Licensing Services. To access an artist's name, biography and comments page, and listen to Content freely without a limited number of plays, guests can reveal their identity to an artist through the Website. This grants ACA the right to share Your Information (an email address and name specifically) with the artist. If a Guest has signed in with a Facebook account, the Website will also, in addition, post a private message on your Facebook wall with a link to the artist profile. An artist account enables you to post Content onto the Website, which will only be displayed publicly when an account has been verified and activated by ACA. An artist account also has the same functionality as a guest account.
In order to access additional services from within an artist account, you may be required to agree to further terms and conditions. Unless otherwise stated, any additional terms and conditions form part of these Conditions.
ACA reserves the right to make changes to this Website at any time without notice and it is your responsibility to re-visit this page from time to time to ensure you comply with these Conditions.
You must be over the age of 14 years to use this Website. Any users under 18 must obtain the permission of a parent or guardian before creating an account or posting Content.
- means ACA Music of Blenheim House, Henry Street, Bath BA1 1JR;
- means all information, text, files, video, music and any other materials posted by you on the Website;
- "Intellectual Property Rights"
- means copyright, patents, design rights, trade marks (whether registered or not), database rights, trade or business names and any other similar rights existing in any part of the world;
- means the website and sub-domains of www.acamusic.co.uk;
- "Service Fees"
- means the fees charged by ACA for engaging its Services;
- "Booking Services"
- means the exclusive or non-exclusive brokering of an artist's live booking contract(s) by ACA in conjunction with the ACA Terms of Business;
- "Licensing Services"
- means the non-exclusive representation of an artist song catalogue, in respect of potential licensing opportunities via ACA;
- "Artist Services"
- means the purchase of video credits in order to upload video Content and also the booking of a consultation service between ACA and an artist/representative;
- means the company, firm, association or individual who makes use of, or accesses the Website and any additional Services;
- "Your Information"
- means any personal information provided by or disclosed by you in any area of the Website.
2. Accounts and Payment
2.1. You can create an account by completing a signup form and following the instructions. You agree to keep your password and username safe and secure at all times and agree not to transfer or allow any other person, company or firm access to your password and username at any time. You should inform ACA immediately if you think someone else is using your password.
2.2. Creation of an account is subject to you complying in full with these Conditions.
2.3. Any user with an artist account may engage specific Artist Services by paying the appropriate Service Fees from within an artist account on the Website via Paypal. The Service Fees are as follows:
|Video Upload Credit||Fee (£)|
|1 Credit||£ 2.50|
Video credits are required in order to upload video Content to an artist profile. The Service Fees cover the administrative charge of converting/compressing video, hosting and streaming video Content on the Website.
|Book a consultancy meeting||Fee (£)|
|2-3 Hours||£ 100.00|
|3 Hours (plus marketing feature and support requests)||£ 250.00|
A consultancy meeting with ACA includes a maximum 3 hour meeting and consultation at ACA head offices. ACA does not provide any guarantee that a consultancy meeting will result in commercial opportunities or a perminant management or booking contract with ACA. A typical 3-hour consultation involves a discussion of the following points:
- Background and history of artist.
- A review of: management, recording, publishing, song writing and creative development, licensing, merchandising, endorsements, promotion, advertising, e-commerce, social networking, branding and a particular focus on live bookings.
- ACA roles within the entertainment and music industry.
- What we need from artists in order to move forward.
2.4. You may cancel any Artist Services within 24 hours and any Artist Fees will be will be returned in full if you notify ACA of your intention to cancel, provided that a consultancy meeting has not already taken place. Video Upload Credits will be removed from an artist account, along with any video Content that has been uploaded (at the discretion of ACA).
3. Your Obligations
3.1. You agree that you will not:
3.1.1. use the Website for fraudulent or illegal purposes or in connection with or for the purposes of committing a criminal offence;
3.1.2. post Content which includes third party trade marks or which uses any third party Intellectual Property Rights or images of a person without their prior written consent;
3.1.3. post Content which is defamatory, violent, sexually explicit, obscene, offensive, threatening, harrassing or pornographic;
3.1.4. post Content which contains any computer viruses or anything which could interfere or disrupt the usual operation of the Website, its functionality or effectiveness;
3.1.5. post Content which is already exclusively licensed to a third party, for example a publisher or record label;
3.1.6. post Content for the purpose of commercial activities, sales or advertising;
3.1.7. use login information or access an account belonging to someone else;
3.1.8. provide any false information or create an account for someone else without their permission;
3.1.9. create more than one personal account or create a new account if ACA disables your existing account;
3.1.10. transfer your account to someone else;
3.2 ACA reserve the right to suspend or terminate your use of the Website and remove your Content if you breach any of the terms of these Conditions.
3.3 If you become aware of any mis-use of the Website or your Content by a third party, you should inform ACA immediately by emailing [include dedicated email address].
4.1. By posting Content on the Website, you agree to grant ACA a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use, modify, publicly perform, display, reproduce or distribute all or any part of any Content through the Website in any and all media formats including via social media (Twitter and Facebook sharing). This licence ends when your account is deleted unless the Content has been shared with others and they have not deleted it. The licence does not grant ACA the right to sell your Content.
5. Your Warranties
5.1 You represent and warrant that:
5.1.1 all Content posted onto the Website is your own original work or if not, you have the right to grant the licence in clause 4;
5.1.2 the Content posted is not the subject of any actual or threatened litigation or claim;
5.1.3 you have obtained all necessary consents for the use of any third party images or rights in the Content;
5.1.4 posting the Content will not result in the breach of any existing contracts you have in place or third party rights including but not limited to pre-existing publishing or recording contracts;
5.1.5 all information provided by you is true and accurate.
6. Our Obligations
6.1. We will use our reasonable endeavours to provide the Website with reasonable skill and of a competent provider of services over the Internet. However we do not guarantee that the Website will be error-free or fault-free or that you will obtain continuous, uninterrupted access to the Website. If you notice that there is an error affecting your access to or use of the Website, you should report it to us immediately and we will correct it as soon as possible.
6.2. We reserve the right to alter the technical specifications of the Website or suspend the provision of the Website for operational reasons including but not limited to maintenance, repair, improvements or because of an emergency. We will take all reasonable steps to ensure that the Website is restored to full working order as soon as possible.
6.3. We will take all reasonable steps to ensure that the Website is free from any viruses, but we recommend that you use your own virus protection software.
6.4. We do not warrant that the Website is compatible with your browser or computer configuration and you use the Website at your own risk.
6.5. If the Website is unavailable for a continuous period in excess of 24 hours, we will refund pro-rata any Service Fees paid in that period (max £ 10.00).
7.2. We will take all necessary steps to comply with the Data Protection Act 1998 and any other data protection legislation in force from time to time. We will not disclose it to any third party unless:
7.2.1. we are specifically required to by law;
7.2.2. in response to a valid, legal request by a law enforcement or governmental authority;
7.2.3. as may be authorised by you in writing.
7.3. By accepting these Conditions you agree that we may use Your Information for the following purposes:
7.3.1. to store, process and use Your Information to keep a record of your use of the Website;
7.3.2. for internal purposes to develop new products and services and improve the Website;
7.3.3. to send you information about our products and services which we believe may be of interest to you.
7.4. The personal information collected is used solely for the provision of our services. We may disclose your personal information:
7.4.1. to any of our employees, officers or agents;
7.4.2. to the extent that we are required to do so by law;
7.4.3. in connection with any legal proceedings or prospective legal proceedings;
7.4.4. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
7.4.5. to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling;
7.4.6. to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
7.6. You may inform us at any time in writing if you no longer require such information to be sent by us.
7.7. Under the Data Protection Act 1998, you may request details of personal information that we hold about you. An official fee will be payable. If you want to make a request, you should write to us using our "Contact Us" page.
7.8. If you believe that any of Your Information is incorrect in any respect, you can amend these details at any time in the "My Details" tab of your account.
7.9. We will use all reasonable endeavours to protect the security of Your Information both on and off line. If you would like further details of our security procedures please contact us in writing.
7.10. Cookies are not used on this Website.
7.11. If you wish to make any complaints about the way in which ACA holds Your Information you should write to The Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
9.1. We reserve the right to immediately terminate your licence to use or access to the Website in the event that:
9.1.1. you breach any of these Conditions or any of the other terms and conditions contained on this Website;
9.1.2. if we cannot verify or authenticate Your Information;
9.1.3. if we believe your actions may cause legal liability for you, us or other users of the Website.
9.2 If your use or access to the Website is terminated under clause 9.1, your Content will be removed from the Website immediately and your account cancelled.
9.3 You may terminate your account on providing ACA with written notice by email to firstname.lastname@example.org. Individual artists can be deleted from within the "My Account" section of the website manually by an artist account holder.
9.4 ACA is not obliged to return any unused Service Fees on termination.
10. Limitation of Liability
Although ACA uses reasonable endeavours to verify new and amended accounts, ACA does not assume responsibility for modifying or reviewing any Content posted or transferred on the Website or for the accuracy of information provided by users of the Website. ACA cannot guarantee that Content posted on the Website does not breach the terms of these Conditions. By using the Website you agree to accept the risks of dealing with other users who could be acting under false pretences, under a false identity or posting Content which breaches the terms of these Conditions.
10.1. In the event that you have any right, claim or action against any other user arising from that user's use of the Website, you agree to pursue such right, claim or action independently of and without recourse to us.
10.2. The Website enables users to post Content. ACA does not provide any guarantee that posting Content will result in commercial opportunities or specific results for you.
10.3. Except as otherwise set out in these Conditions, ACA is not liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions for any loss of profit, pure economic loss, loss of business, destruction of data, depletion of goodwill or any loss caused by ACA where:
10.3.1. there is no breach of a legal duty of care owed to you by ACA or any of our employees, agents or sub-contractors;
10.3.2. such loss or damage is not a reasonably foreseeable result of any breach of a legal duty of care owed to you by ACA and;
10.3.3. any loss or damage results from a breach by you or any other user of these Conditions.
10.4. Our total liability to you in relation to or arising out of these Conditions is limited to £1,000.00 for any one incident or series of related incidents.
10.5. If ACA is unable to perform any obligation under these Conditions because of a matter beyond our reasonable control such as lightning, flood, fire, explosion, war, terrorist activity, industrial disputes (whether or not involving our employees) or other events beyond the reasonable control of our suppliers, we will have no liability for that failure to perform. You will receive a refund of any Service Fees for any period during which the Website is not available as a result of the above.
10.6. Nothing in these Conditions operate to exclude the liability of ACA for death or personal injury caused by its negligence, for fraudulent misrepresentation, for breach of your statutory rights or for any matter which it would be illegal for ACA to exclude or attempt to exclude its liability.
10.7. Each provision of these Conditions in clause 10 operates separately. If any provision or part provision is held by a court to be unreasonable or inapplicable the other parts shall continue to apply.
11.1. You agree to indemnify and hold ACA and our officers, directors and employees harmless from any claim or demand including all reasonable professional fees made by any third party to or arising out of your breach of any of these Conditions or its violation of any law or the right of a third party.
12.1. These Conditions shall be governed by and construed in accordance with the laws of England and Wales and each of the parties submits to the exclusive jurisdiction of the courts of England and Wales.
13.1. The headings to these Conditions are for convenience only and shall not affect their construction.
13.2. Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
13.3. References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
13.4. Failure or delay by us in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of our rights under these Conditions. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition
13.5. A person who is not party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.
13.6. These Conditions contain the whole agreement between you and ACA and you acknowledge that you have not relied on any statement, promise or representation made or given by ACA which is not set out in these Conditions (although nothing in this clause shall exclude liability of ACA for fraudulent misrepresentation).