This Agreement is a legal document which sets out your rights and obligations, and those of LiveMusicSearch, in relation to this site and the services offered by LiveMusicSearch. By registering for inclusion in the LiveMusicSearch database, you agree to the terms of this Agreement, and you re-affirm that Agreement every time you use the LiveMusicSearch Service. Visitors to the LiveMusicSearch Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the LiveMusicSearch Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

People who register for the LiveMusicSearch Service become "Members".

As well as being able to browse the LiveMusicSearch Service like any visitor to it, Members may:

• Enter details of their group or ensemble
• Upload picture files or logos of their group
• Upload short audio clips of their group

In order to avail of the LiveMusicSearch Service, you must have internet access and all the software (and skills) required for email and web usage.

If you decide to become a Member, and therefore pay our Membership subscription fee, you are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Membership will last for twelve months. If you wish to continue with Membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. Please note that we reserve the right to change the amount of the fee for Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Membership.

You undertake to register for the LiveMusicSearch Service using accurate and current information about yourself (and your group) – including your correct name, address and any other requested details. You also undertake to add yourself only to categories in the database which are appropriate. If you are asked for, and provide, details of a credit, debit or charge card you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the LiveMusicSearch Service, you will receive a registration confirmation email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow in order to access the Members' Area.

The LiveMusicSearch Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any postings on the LiveMusicSearch Service (including any which contain personal information) are, of course, accessible to Internet users around the world.

You, whether you are a Member or a non-Member who visits the LiveMusicSearch Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the LiveMusicSearch Service or outside of it. We only provide a venue where the LiveMusicSearch Service may be accessed. In particular, you should be aware that LiveMusicSearch is not responsible for the material contributed by Members.

LiveMusicSearch or its affiliates may offer new or additional services through the LiveMusicSearch Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the LiveMusicSearch Service in an appropriate manner (as determined by LiveMusicSearch in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

LiveMusicSearch reserves the right to withdraw or modify one or more aspects of the LiveMusicSearch Service where we have legal or technical reasons to do so (including technical difficulties experienced by LiveMusicSearch or on the Internet). There may also be times when the LiveMusicSearch Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the LiveMusicSearch Service.

We reserve the right (a) to suspend or terminate any Member’s access to the LiveMusicSearch Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the LiveMusicSearch Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the LiveMusicSearch Service without our prior consent. You are responsible for everything which is done on or through the LiveMusicSearch Service while your Membership account is logged on to the LiveMusicSearch Service, or through your email address(es).

The LiveMusicSearch Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not use access to the LiveMusicSearch Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant LiveMusicSearch Service.

(ii) Fees paid by a Member will not be rebated or refunded by LiveMusicSearch, unless the LiveMusicSearch Service for which the Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement.

We may add new or ancillary services from time to time which require the payment of fees – either to us or a nominated third party – on terms which will be provided to you at the time.

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the LiveMusicSearch Service, nor any activity or communication you make in connection with any LiveMusicSearch Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

If you see anything on the LiveMusicSearch Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us here. We do not generally monitor material contributed by Members before it is placed on the LiveMusicSearch Service and so we are reliant upon users to point out anything which infringes this Agreement.

Each Member acknowledges that we are entitled to withdraw any material on the LiveMusicSearch Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the LiveMusicSearch Service into disrepute. However, each user must acknowledge that we do not monitor material which appears on the LiveMusicSearch Service, and that we are reliant upon you and all users to notify us of anything you see posted which appears likely to breach this Agreement, using the notification techniques which are made available on the LiveMusicSearch Service.

LiveMusicSearch has no control over or responsibility for the truth or accuracy of any material available on the LiveMusicSearch Service, whether provided by Members or others.

• If any third party sites are linked to from the LiveMusicSearch Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
• You should exercise no lesser degree of caution in appraising what you see on the LiveMusicSearch Service than you do with other media.
• Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
• Your use of the LiveMusicSearch Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release LiveMusicSearch its contractors and employees from all liability arising out of or in connection with the LiveMusicSearch Service and the material included here by Members and other third parties.

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the LiveMusicSearch Service (including the material which is contributed by Members) are owned by LiveMusicSearch. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the LiveMusicSearch Service, or any of the material which is found on the LiveMusicSearch Service unless properly licensed to do so by us.

By submitting any material to the content to the LiveMusicSearch Service, you:

• are representing that you are fully entitled to do so;
• grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
• authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). LiveMusicSearch will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of LiveMusicSearch under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £5, or (b) an amount equal to the sums paid by you to us by way of Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

Nothing in this Agreement limits LiveMusicSearch's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the LiveMusicSearch Service.

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of LiveMusicSearch assign or dispose of this Agreement.

This Agreement includes our Privacy Policy. Together they contain the whole of the Agreement between us and you concerning the LiveMusicSearch Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

LiveMusicSearch reserves the right to change this Agreement from time to time, and post the new version on the LiveMusicSearch Service. If we do so, we will notify you of the fact that there are changed terms on the Log-in screen of the Members' Area (www.LiveMusicSearch.co.uk/members), and the new version of these terms and conditions will take effect, and will govern all LiveMusicSearch Services and your relationship with LiveMusicSearch:

• commencing four weeks after the date of posting (or such later date as LiveMusicSearch indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the LiveMusicSearch Service; or
• immediately upon the date of posting (or such later date as LiveMusicSearch indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of LiveMusicSearch’s addresses or email addresses referred to in this Agreement.

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

You can contact us by post at 54 Lincolns Mead, Lingfield, Surrey RH7 6TA. If you wish to pay by cheque please make the cheque payable to Take Note Publishing Ltd and send it to the above address. Please include your email address with all correspondence.