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Terms of Agreement

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We maintain this web site as a service to our visitors. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

1. Responsibilities. By submitting a listing you are publicly displaying information about your business, service or website that may be viewed by anyone and are solely responsible for the information you wish to display which must be accurate and must not infringe on others copyright by displaying logo, images or trademarks that are not owned by you without the owners agreement. Whilst our volunteers endeavor to check all listings on submission, we are not responsible for incorrect information submitted by you, nor can we provide recommendations or verification of company status. Visitors using the directory are solely responsible for contacting researching businesses in the directory and for checking with relevant local authorities and law enforcement for validity to provide services, criminal records, crc etc.

2. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (Agreement) with respect to www.vocalist.org.uk (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

3. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

4. Trademarks. The Vocalist logo and others are either trademarks of the listed company or group. Other images, logos, product and company names mentioned on the Site may be trademarks of their respective owners.

5. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site at any time without prior notification.

7. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, Affiliated Parties) harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to your violation of this Agreement or use of the Site.

8. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

9. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED AS-IS, AS AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.

10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

11. Third-Party Services. We allow access to or advertise third-party merchant sites (Merchants) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

13. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

14. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like anticipates, expects, believes, estimates, seeks, plans, intends and similar expressions are intended to identify forwardlooking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

15. Links to other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and whilst such Web sites are checked prior to addition they are not regularly investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

16. Copyrights and Copryright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

17. Miscellaneous. This Agreement shall be treated as though it were executed and performed in the United Kingdom, and shall be governed by and construed in accordance with the laws of the United Kingdom (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the United Kingdom. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

No submitted information shall be rented, sold, or given away to any third party businesses or individuals by the copyright owner except if required by a court of law.

We do not practice or condone ‘spamming’ of any kind and the only time you will receive correspondence from us is if you use the Contact Form to contact us, register to the site and submit a listing to the directory or subscribe to our newsletter. The newsletter is shared with the Electric Blues Club and keeps subscribers up to date with articles posted to the site or important site updates. You may unsubscribe from the newsletter at any time by visiting this news section of the site and using the unsubscribe link in the left hand column or logging in and making changes to your preferences from the user control panel.

If you have registered to the site as a member to download a free ebook or submit a listing advertising their music related services / products, you have agreed to receive notification emails advising you of the download link and it’s success/failure to download. Listing owners have agreed to be contacted regarding the status of their listing which is reviewed by an administrator prior to approval and admission to the public directory. By submitting a listing or event, you have also agreed to be contacted by visitors to the site who may be interested in hiring or purchasing your services / products. If you no longer wish to advertise your services / products / events, please login and delete your account or contact us to do so for you. Note that we aim to do this within 48 hours but may take up to 7 days during busy or holiday periods.

When placing a listing, gig, event etc., online or submitting a post to a messageboard, classified ads pages or other free service viewable by the public there is nothing to stop malicious individuals and “spammers” from using the information in your ad(s) in a manner that you may not agree with and we suggest that if you need to display contact details you use a business or work telephone number and a web based online email service or similar services like Googlemail or Yahoo – we do not recommend Hotmail and may delete your listing or account if using their system which often returns emails back to our system as invalid.

When you register and login to our news section, a cookie is placed on your computer to enable you to remain logged in for the duration of the session. The cookie does not collect any personal information, but registering to the news section requires submitting your email address and username which remain on the system until you or an administrator deletes the account.

Parts of our website include external plugins or features that enable users to share links to pages with friends or add them to social sharing sites that they are members of like Facebook, Linkedin, GooglePlus, Myspace. These sites may place cookies or collect other information which you can control by viewing their privacy policies.

We use 3rd party scripts and coding to display advertising banners from 3rd party affiliate programs, merchants or advertisers. These may track your browser progress, including IP address using cookies and if you visit the advertisers site and register for their services or buy products they may also have terms and policies which you are advised to read.

We use Google Analytics to track social shares made at our website. Google automatically collect and store certain information in their server logs which includes device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, cookies that may uniquely identify your browser or your Google Account, in accordance with their data privacy policy: https://policies.google.com/privacy

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