Notice to user: important! Please read this legal statement carefully before using this site. If you do not agree to these terms and conditions, do not use this site. If you do use the site, your conduct indicates that you agree to be bound by these terms and conditions.
Your use of this site and the information available on this site is subject to the following terms and conditions.
We reserve the right to change this agreement from time to time at our sole discretion. Your use of the site, will be subject to the most current version of this agreement posted on the site at the time of such use.
About the SoundJunction website
This Site is owned and operated by The Associated Board of the Royal Schools of Music (“we” or “us”). All elements of the Site, including the content and the general design are protected by copyright, trademark and other English and international laws relating to intellectual property and copyright. Unless otherwise specified the copyright in the contents of all the pages in this Site are owned by or licensed to us.
Except as stated below, the contents of this Site may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior express written permission.
You may not distribute, display or copy any of the contents of the pages contained in this Site to third parties including, but not limited to "caching" any material on this Site for access by third parties and "mirroring" any material on this Site without prior consent from us. We encourage you to provide a link to this Site from any other website provided that you inform us via the feedback area on this Site and PROVIDED THAT you will remove such link if so requested in writing by us.
All references to “you” herein are also deemed to be references to anyone else who accesses this Site on your behalf or using information obtained by or from you.
“Materials” are materials made available by us on the Site that can be used within the SoundJunction Explorer, Composer and/or Virtual Instrument Tools and/or any other Tools made available by us on the Site at any time in the future which we designate of “Materials” in the Terms and Conditions.
“The Project” means the SoundJunction Project available at the Site.
References to “the Site” in these Terms and Conditions are to the SoundJunction website at the following URLs: www.soundjunction.org; www.soundjunction.org.uk and www.soundjunction.co.uk and any other URL we use for the purpose of making the SoundJunction Project available to visitors.
Opinions expressed on the Site are personal to the person making them and are not necessarily our opinions or endorsed or shared by us or by those we have commissioned to contribute to the Project.
Availability of the site, content and materials and restrictions in relation to their use
Materials may only be used on the Site and as part of the Project. You may also use the “Like This Page - email a friend” service to send a link to a friend.
Save as otherwise permitted herein, the following are strictly prohibited:
- downloading or keeping a permanent record on your or a third-party computer or network any part of the content and/or the Materials on the Site and/or any derivatives thereof other than by using functionality as is provided for by the Site for standard browsing and use, copying, publishing or distributing the same;
- altering, editing or changing any part of the content on the Site and/or any derivative thereof, other than the Materials, or using the contents in any way other than in the form made available on the Site;
- modifying, adapting, translating, editing, selling, sublicensing, disassembling, de-compiling or otherwise reverse engineering any software forming part of the contents of the Site and/or Materials and/or any derivative thereof nor creating derivative works of the same;
- use of any part of the content and/or Materials on the Site and/or any derivative thereof other than in accordance with these Terms and Conditions and any other instructions from us on the Site in relation to the same;
- use of any part of the content and/or Materials on the Site and/or any derivative thereof in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter is strictly prohibited;
- use of any part of the content and/or Materials on the Site and/or any derivative thereof in any way that violates a depicted person's right of privacy, in breach of confidence or any other right whatever of any person or which violates any third party’s copyright or other rights or which violates any law, government regulation or order or which is in contempt of court or which is an unfair or unjust treatment of any person;
- any commercial use or attempt to make any commercial use of any part of the content and/or Materials on the Site and/or any derivative thereof;
- removing any copyright, watermarks or other notices contained in part of the content and/or Materials on the Site and/or any derivative thereof.
Although you can use the Site without providing us with any personal information, you can only save the music you make and your journeys through the Site if you register with us. The registration form requires that you let us have your name, the address of your school or other organization, age and e-mail address. You agree to furnish accurate information when registering with us. You are responsible for maintaining the confidentiality of your user name and password (“Access Information”). You will not permit any third party to obtain your Access Information and you will notify us of any unauthorised access or suspected unauthorised access as soon as you become aware of the same but this will not apply in relation to accessing any Learning Trail on the Site.
Third party software applications
In order to make full use of this Site, you will need to download third party software applications (“Applications”), the rights to which are not necessarily owned by us. Use of these Applications is governed by the terms and conditions which are made available on the relevant third party website and we shall have no liability to you of any kind or nature in connection with your use of the Applications (including liability for any consequential or incidental damages), and the entire risk of use (including without limitation any damage to your computer hardware or software) resides with you.
Content submitted by you
By submitting any content to us and/or the Site, you automatically grant us the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content including, without limitation, including such content on the CD-Rom to be distributed as part of the Project. You acknowledge that we are not obliged to publish any content submitted by you.
You hereby irrevocably and unconditionally consent to the exploitation of any performance that any content you may submit to us may contain as required by Part II of the Copyright, Designs and Patents Act 1988, and any other similar enactment or other law anywhere in the world and waive, to the fullest extent permitted by law, in our favour and in favour of our licensees, all your so-called "moral rights" (whether arising under Chapter IV of Part I of the Copyright, Designs and Patents Act 1988 or otherwise, and whether such rights exist now or arise hereafter) and any other like right arising anywhere which may impair our ability and the ability of our licensees to exploit such content to the fullest extent (in our discretion and that of our licensees) in any part of the world in accordance with these Terms and Conditions.
For our Terms and Conditions relating to access and use of our forums please visit our Forums Terms and Conditions.
Without prejudice to our other rights, we shall have the right to terminate any licence granted to you immediately by notice in writing if, in our reasonable opinion, you are in breach of the terms of this Agreement.
We reserve the right to restrict or remove your access to the Site at any time, or revoke your authorisation to view, and use the content and/or Material on the Site and/or any derivatives thereof at any time.
Upon termination of this Agreement for whatever reason, the following provisions shall apply:
(a) termination of this Agreement shall not prejudice any right, action or remedy which shall have accrued or thereafter accrue to either you or us;
(b) you shall immediately cease use of any content and/or Material on the Site and/or any derivatives thereof.
You agree to indemnify and hold us and/or the rights owner(s) of any content and/or Materials on the Site harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal expenses, arising from the use by you of any content and/or Materials and/or any derivative thereof on the Site or any breach or alleged breach of this Agreement.
The Site, contents and Materials are provided "as is". To the fullest extent permitted by law, we exclude all warranties and representations, expressed or implied, including but not limited to any implied warranties of satisfactory quality, fitness for any particular purpose, arising from a course of dealing or course of performance, noninfringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software programme.
We makes no representation or warranties as to the accuracy of the content, or that the use of this Site will be uninterrupted or error free or that this Site is free from viruses or any other malicious or impairing computer programme. This Site could include technical or other mistakes, inaccuracies or typographical errors. The use of this Site is at your own risk.
Limitation of liability
Under no circumstances shall we be liable to you under, or in connection with, this Agreement, or your use of the Site or from your access or use of any content and/or Materials on the Site and or any derivative thereof, in contract or tort or otherwise and whether or not arising as a result of negligence for any loss of business, contracts, profits, anticipated savings or data or for any other indirect or consequential or economic loss whatsoever.
Neither party shall be liable for any delay or non-performance under this Agreement caused by any event beyond its reasonable control (a “Force Majeure”)
This Agreement will be interpreted and construed in all respects in accordance with the laws of England and any dispute in relation to such agreement shall be subject to the exclusive jurisdiction of the English Courts.
This Agreement is not assignable or transferable by you.
This Site may contain links to other websites not under our control. We are not responsible for the content of these sites and do not necessarily endorse the material on these sites.
This Agreement contains all the terms of the agreement between us and you concerning the use of the Site and the Material.
If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
No failure to exercise and no delay in exercising on the part of either of the parties any right, power or privilege shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or future exercise of any right, power or privilege.
In the event that you wish to contact us for any reason, you may do so via the feedback area on the Site.
(c) 2005 The Associated Board of the Royal Schools of Music. All rights reserved.