My Music Resource Terms & Conditions
Last Updated 9th October 2020
Welcome to My Music Resource!
These Terms and Conditions (the “Terms”) outline the rules and regulations for the use of the website on which they appear at mymusicresource.com (the “Website”) and our provision of various online services and resources via the Website (the “Services”).
2. Who we are
The Website is brought to you by My Music Resource Ltd of 59 Eastcote Road, Pinner, Middlesex, HA5 1EL (“My Music Resource”). My Music Resource is registered in England and Wales under company number 12396630. References to “The Company”, “Ourselves”, “We”, “Our” and “Us” refer to My Music Resource.
3. Changes to Terms
We may, at our discretion, update the Terms from time to time. If we believe that the changes are material, we will post the changes on this page and indicate at the top of the page the date that the relevant terms were last amended. Changes will be effective upon the posting of the changes unless otherwise specified.
You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, do not use or access the Website and / or Services.
4. Your Account with My Music Resource
You will need to create an account with My Music Resource to use some of our Services. The following rules about accounts with My Music Resource must be adhered to:
4.1 You must be 18 years or older to use our Services
By registering for an account or using our Services, you represent and warrant that you are at least 18 years old.
4.2 Provide true and accurate information
When you create an account, the information you provide must be true and accurate. You are required to maintain and promptly update this information on the Website or by emailing us at firstname.lastname@example.org. It is prohibited to use false information, to impersonate another person or company through your account or to violate someone else’s rights. If any information you provide is inaccurate or false we may terminate your account and any or all rights that you have been granted to make use of our Website.
4.3 Protect your username and password
You will need to create a username and password to enable you to register and access your account. You are solely responsible for maintaining the confidentiality of your username and password and are solely responsible for all activities that occur under your password or account.
You agree to:
- Keep your account password secure.
- Immediately notify us of any unauthorized use of your account and any other breach of security.
- Ensure that you fully log out from your account at the end of each session.
We will not be liable for any loss or damage arising from your failure to comply with these obligations.
We reservice the right to de-activate accounts that are inactive for an extended period of time.
5. Confidential Information
For the purpose of these Terms, Confidential Information (“Confidential Information”) means any and all data, information, documents, software or materials relating to the business and management of My Music Resource and its users, licensors and/or licensees that is designated as, or ought reasonably to be considered, confidential.
You acknowledge that any Confidential information that you obtain from your use of our Services constitutes the valuable, confidential, proprietary information of My Music Resource.
You acknowledge that any Confidential Information which you obtain from use of our Services must not be used or disclosed to any other person without our express written consent, unless specifically authorised under these Terms or as required by Law.
6. Ways to join My Music Resource
My Music Resource offers an open platform for educators and creators to discover, buy, sell and share their original content for teaching and learning. You can join My Music Resource for free as a either a customer (“Customer”), a creator (“Creator”) or both.
Customers can join My Music Resource to make purchases, download free and purchased resources and post feedback on resources they have downloaded.
Creators can join My Music Resource to offer and sell their own authored resources through our Services.
7. Creator Section
7.1 Free Content and Premium Content
When you join My Music Resource as a Creator, the Website allows you to upload content to be shared for free (“Free Content”) and / or to sell (“Premium Content”).
You acknowledge that all Free Content and/or Premium Content is the sole responsibility of the person from which such content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any Free Content and/or Premium Content.
If we deem that any Free Content and/or Premium Content is inappropriate or otherwise objectionable, we may remove any such Content from the Website without any liability to you or to a third party. For further information, please refer to our Takedown Policy.
7.2 Permission to Use Your Content
When you upload Free Content and/or Premium Content to our Website, you will, assuming you are the owner of such content, retain all intellectual property rights in such content and will be able to modify or remove this as you wish.
My Music Resource does not review content uploaded to the Website but we have the right to monitor any and all content if we wish.
By posting Free Content and/or Premium Content through our services, you grant My Music Resource a licence to use it. We do not claim any ownership to your Free Content and/or Premium Content but we have your permission to use it to help My Music Resource function and grow.
In legal terms, by posting Free Content and/or Premium Content, you grant My Music Resource a non-exclusive, worldwide, fully paid-up, royalty-free, irrevocable, sub-licensable and perpetual licence to exercise any copyright, trademark rights, or other rights in and to your Free Content and/or Premium Content necessary to provide our Services to You and our other Users.
To provide our Services, you grant to us limited rights to use, store, reproduce, publish and display, and provide access to the Free Content and/or Premium Content you post. Services include displaying your Free Content and/or Premium Content in your store and in search results, making your Free Content and/or Premium Content available for download and to display and promote your Free Content and/or Premium Content through our Services, through email and ads on other sites on search engines, and through other marketing campaigns.
7.3 Rights you Grant to Others
When a Customer purchases a licence to download your Free Content and/or Premium Content, you allow them to use your Free Content and/or Premium Content as described in the Licence Terms below. You may, at your discretion and in accordance with these Terms, grant additional rights to Customers of your Free Content and/or Premium Content, but you may note enforce limitations on such use that are inconsistent with the Licence Terms below.
7.4 Responsibility for Your Free Content and/or Premium Content
You are solely responsible for your Free Content and/or Premium Content. You warrant that you have all necessary rights to your Free Content and/or Premium Content and that you are not infringing or violating any third party’s rights by posting it.
Your Free Content and/or Premium Content should not contain any content which has been copied, in full or in part, from third party materials without the consent of the third-party owner. Any such use of third-party materials could amount to copyright infringement.
You acknowledge that Your Free Content and/or Premium Content uploaded to the Website is compliant with the Terms.
7.5 Reporting Unauthorised Content
If content that you own or have rights to has been posted by the Services without your permission and you want it removed, please follow the steps in our Takedown Policy.
If Your Free Content and/or Premium Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We will notify you if this is the case.
7.6 Inappropriate, False or Misleading Content
You agree that you will not post any Free Content and/or Premium Content that is unlawful, libellous, inappropriate, pornographic, insulting, slanderous, threatening, racist or sexist or in violation of our Content Guidelines or any part of our Terms.
7.7 Selling and Sharing Content
Free Content and/or Premium Content shared and/or sold by you shall be made available to users under a studio licence (the “Studio Licence”) detailed below. There shall be no outright transfer of title or ownership in any such Free Content and/or Premium Content. You agree to grant us all necessary rights to share and/or sell your Free Content and/or Premium Content to other users of the Website under the Studio Licence and make that licence effective.
7.8 Setting Selling Prices for Your Premium Content
The selling price of your Premium Content will be set by you at the point of upload, subject to a minimum selling price of £3. No further action will be required by us regarding the selling price set by you for your uploaded Premium Content and we are under no obligation to agree to sell Premium Content at any specific sales value or at all.
You acknowledge and accept that the Terms create no expectation of any specific level of sales or remuneration for any given Premium Content.
7.9 Royalty payments for Premium Content
As consideration for your grant of the licence to use your Premium Content, My Music Resource agrees to pay you a royalty, subject to your fulfilment of these Terms.
7.10 Payout Account
We work with a third-party company, currently PayPal, which processes and transfers funds between us and you, the Creator (“Payment Services”). To receive royalty payments, you must have a PayPal account capable of receiving payments with a supported payment service (“Payout Account”). We make no guarantees about the services offered by any third-party companies including the current or any future Payment Services we may support. We are not responsible for any payment delays or any other complications caused by Payment Services.
Your royalty tier is set at the start of every month based on the total value of your resources sold over the previous 12 months. More information on royalty levels can be found here.
We issue payouts on a monthly basis by the twenty-first day of the month following the month in which the sale was made.
7.13 Adjustments to Royalty Payments
We reserve the right to make a reasonable and proportionate adjustment to any final royalty payment to you under any of the following circumstances:
- You have breached any of the Terms laid out in the terms and conditions.
- The Premium Content to which your estimated royalties relate has been withdrawn from My Music Resource by us because of copyright infringement or receipt of any complaint or takedown notice.
- We have paid any refund to any third-party purchaser of your Premium Content downloaded from My Music Resource due to dissatisfaction with its purchase.
7.14 Income Tax on Royalty Payments
You are solely responsible for payment of any taxes, or making of any filings, required in relation to your royalties. Any information regarding royalties provided by us does not constitute tax advice and should not be relied upon as such.
This agreement does not constitute an employment relationship, or partnership, between the parties.
7.15 Third Party Comments
When you upload Free Content and/or Premium Content to the Website, you may receive feedback on your Free Content and/or Premium Content from customers in the form of reviews and ratings. If you believe that any comments posted by a Customer in respect of your Free Content and/or Premium Content are in breach of the Terms, please report them to us email@example.com
8. Customer Section and Licence Terms
8.1 Using of Other People’s Content
We provide Services that allow you to use Free Content and/or Premium Content uploaded by other users within our Website. You acknowledge that your use of such Free Content and/or Premium Content does not entitle you to any intellectual property rights to such content.
By downloading Free Content and/or Premium Content (the “Licensed Material“) from our Website you accept and agree to be bound by these terms which include the licensing terms (“Licence Terms”) of My Music Resource’s (the “Licensor”) Studio Licence (the “Studio Licence”) as well as any additional terms the Creator provides in the listing of their Free Content and/or Premium Content, to the extent that such terms do not conflict with these Terms. In the event of any conflict between the Terms and the Creator’s terms, the Terms will govern.
By downloading Premium Content, you agree to pay the relevant selling price. You represent and warrant that you are authorised to make the purchase and to use the payment method and billing information that you have provided.
8.2 Studio Licence
The Licence Terms for the Studio Licence are set out below:
You can copy and redistribute the licensed material to any number of your own students that you teach in any medium or format for the purpose of your teaching and/or their private study.
This Studio Licence is a single licence for your own use and must not be shared with any other teachers in the same studio or different studios.
You must give appropriate credit to the author of the resource, provide a link to the licence, and indicate if changes were made to the Licensed Material. You may do so in any reasonable manner, but not in any way that suggests the Licensor, the author of the resource or its owner endorses you or your use.
No Sharing of Derivatives
You may remix, adapt and build upon the material in any medium or format for non-commercial purposes only. You may not distribute the modified material except to your students.
Unless otherwise expressly permitted by the Creator:
- You may not use the Licensed Material, in part or in whole, for any commercial purposes.
- Except as permitted above in the Licence Terms to deliver Licensed Material electronically to the Customer and for the purpose of teaching your own students and/or for their private study, you may not post or otherwise make the Licensed Material available on any website, application, shared drive or other sites and services.
You may not have to comply with the Studio Licence for parts of material that are already licensed to the public for free or where a particular use of the material is permitted by an applicable exception or limitation under copyright law.
8.3 Disclaimer of Warranties and Limitation of Liability
The Licensor makes no representations or warranties of any kind concerning the Licensed Material whether express, implied, statutory or otherwise including, without limitation, warranties of title, merchantability, fitness for purpose, non-infringement, freedom from viruses, accuracy or the presence of errors.
The Licensor shall not be liable to you or your student (s) for any losses, costs, expenses or damages arising out of the Terms, this Studio Licence or use of the Licensed Material.
To the extent that the Licensor’s liability cannot be excluded or limited by law, the total aggregate and cumulative liability to you for claims of any kind shall not exceed the amount of the price paid by you for the download and use of the Licensed Material.
8.4 Termination of the Licence
This Studio Licence is effective from the time at which the Licensed Material is downloaded by you and shall continue to apply for the duration of the copyright in the Licensed Material.
If you fail to comply with these Terms, your rights under the Licence Terms and Studio Licence shall automatically terminate without notice. Upon termination of this Studio Licence, you shall immediately cease to exercise all of the rights granted to you by the Licensor under the Licence Terms. You shall promptly delete and/or destroy any copies, whether electronic or physical, of the Licensed Material in your possession and procure the deletion and/or destruction of any such copies of the Licensed Material made available to those you teach.
8.5 Objections to Free Content and/or Premium Content
Services that we provide allow you to use Free Content and/or Premium Content uploaded by other users within our Website. You acknowledge that by using our Website, there is a risk that you may be exposed to content that you may find offensive, indecent or objectionable. If this is the case, you can click on the “Report Content” button in the footer of the website. My Music Resource has a Takedown Policy and will remove any content that is reported whilst we investigate the complaint.
The Website offers an opportunity for users to post comments as part of the Rating and Reviews process (“Reviews”). Reviews do not reflect the views and opinions of My Music Resource, its agents and/or affiliates. My Music Resource shall not be liable for the Reviews or for any liability, damages or expenses caused and/or suffered as a result of any use, posting and/or appearance of Reviews on the Website.
My Music Resource may remove and discard any Reviews for any reason and at any time, including, but not limited to:
- Reviews that are abusive, threatening, unlawful, defamatory, obscene, invade privacy or are racially, ethnically or otherwise discriminatory.
- Reviews by people considered to have a close personal relationship with the resource creator.
- Reviews that makes false claims contradicting the factual information supplied in the product description.
- Negative reviews by sellers on a competitor’s product.
- Multiple negative reviews for a product by the same customer.
- Where there is a direct or indirect financial interest in the resource.
- By the product creator in the guise of an unbiased shopper.
- Reviews in exchange for financial reward.
- Where a customer is unable to access a resource due to technical error.
To report a Review, please email us at firstname.lastname@example.org including details of the review and why you deem the content of the Review to be inappropriate.
8.6 Returns and Refunds Policy
By proceeding with any purchase of Premium Content, you agree that We shall supply such Premium Content for you to use, download or access in accordance with the Terms and conditions of this agreement.
We shall provide access to a digital download.
You acknowledge that you have no right to cancel your purchase within 14 days, or at any time, or withdraw from or terminate your contract with us once your order has been placed.
Due to the nature of digital products, all sales on the Website are considered final and non-refundable. There are a few limited circumstances where you may be eligible for a replacement or a refund, which are listed below:
- Compromised resource file: A resource file is damaged or content is missing.
- Misrepresentation: A preview and/or description mispresents what is included in the resource.
- Duplicate Purchase: You accidently purchased the same resource twice.
- Technical Limitations: You are unable to access the resource because the technical requirements are not included in the resource description.
If your purchase falls into these circumstances for a replacement or refund, you can submit a request for a refund by e-mailing email@example.com. You will need to include the resource name and specific details of why you feel that you are eligible for a replacement or refund.
9. Our Proprietary Rights
My Music Resource is the owner or licensee of all intellectual property rights in our Website and/or Services.
9.1 Licence to use Our Website and Services
We grant you a personal, non-transferable and non-exclusive licence to use our Website and specific Services for their intended purposes, subject to your compliance with these Terms.
10. Unauthorised Use of Our Website and Services
You agree that you will not use our Website, including Services, to:
- Upload, post, email, personal message or otherwise disseminate Free Content and/or Premium Content that:
- Infringes upon the intellectual property rights of any party.
- Violates any laws in connection with your use of the Services, either intentionally or unintentionally.
- Is threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise discriminatory.
- Equates to unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or prohibited marketing content including, but not limited to, illicit marketing to children.
- Use any computer code, data mining software, robot, spider, scraping or other similar automatic data gathering or extraction tools that:
- Interferes with or try to disrupt our Services, for example by distributing software viruses or other computer code, files or programs that interrupt, damage, destroy or limit the functionality of any computer software or hardware or that negatively affect a user’s ability to access and use the Website and/or Services.
- Monitors or copies any of the web pages, data or content found on this Site or accessed through this Site.
- Floods the Site with electronic traffic designed to slow or stop its operation.
- Engage in the mass downloading of files from the Site.
- Uses the computer processing power of the Site for purposes other than those permitted in the Terms.
- Impersonate any person or entity.
- Collect or store personal data about other users.
- Breach any Licence you have been granted to make use of any Free Content and/or Premium Content.
- Compete with My Music Resource
11. Account Closure
11.1 Closure by You
You have the right to close your account with My Music Resource at any time by emailing us at firstname.lastname@example.org.
11.2 Closure by My Music Resource
My Music Resource may terminate your access to the Website and/or use of the Services, with or without notice and without liability to you or any third party. We may also remove and discard any Free Content and/or Premium Content on our Website for any reason and at any time, including, but not limited to, believing that you have breached these Terms. In this case, you do not have a contractual or legal right to continue to use our Services. My Music Resource will notify you that your account has been terminated or suspended unless you have repeatedly violated our Terms or we have legal or regulatory reasons that prevent us from notifying you.
We may also take any other necessary action we deem reasonable in connection with a breach of these Terms.
If you or My Music Resource terminate your account, you may lose any information associated with your account, including your content.
12. Changes to the Website and/or Services
My Music Resource reserves the right to change, suspend or discontinue the Website or any of the Services at any time, for any reason, without notice. You agree that we shall not be liable to You or any third party for the effect that any changes to the Website or Services may have on you, including your income or ability to generate revenue through the Website or Services other than as required by law.
You agree to indemnify, defend, and hold harmless My Music Resource, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
14. Complaints about our Website and Services
If you object to anything on our Website, please send us an email with details of your concerns to email@example.com.