Website Terms and Conditions / Privacy & Cookies Policy
We understand the power that the Internet holds for changing your life and making things easier for you. These benefits are at risk if people are
concerned about their personal privacy. We are committed to providing you with an experience that respects and protects your personal privacy choices and concerns. Our
policy is to collect no personal information about you when you visit our website, unless you choose to make such information available to us.
Website Terms and Conditions
Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in
full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
Credit
This document was created using an SEQ Legal template from www.seqlegal.com
Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.
Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to
the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter). Where content is specifically made available
for redistribution, it may only be redistributed within your organisation.
Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability
or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists
of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data
mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website for any purposes related to marketing without our express written consent.
Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring
that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this
website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting
from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable
law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are
subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities
arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be
liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits,
income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us
arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way,
we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using
your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website
from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without
notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.
Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable
by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation
to your use of our website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to
these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
Our Website Privacy & Cookies Policy
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal
information. Our policy is to collect no personal information about you when you visit our website, unless you choose to make
such information available to us.
What information do we collect?
We may collect, store and use the following kinds of personal information:
(a) our web server may record information about your computer and about your visits to and use of this website (including
your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation. This is done so that the content of the
site can be improved, and your personal information is not identified.
(b) information that you provide when contacting us and any other information that you choose to send to us - we may keep
a record of that correspondence.
Except as stated already, Opus One Music Services will make no attempt to identify individual website users.
You should be aware, however, that access to web pages will generally create log entries in the systems of your ISP or network service provider. These entities may be in a position to identify
the client
computer equipment used to access a page. Such monitoring would be done by the provider of network services and is beyond the responsibility or control of Opus One Music Services.
All website server log file information collected by Opus One Music Services is kept secure and no access to raw log
files is given to any third party. This information does not result in the identification of your personal e-mail address or other personal information. The information collected is only
the file volume and timing of access to the site whilst visiting the site. This is done so that the content of the site can be improved, and your personal information is not identified.
Cookies
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then
sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. Most browsers allow you to reject all cookies,
whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy",
and selecting "Block all cookies" using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites.
No cookies are set while browsing this website except for when using our 'phpBB' message board - as detailed below:
This policy explains in detail how “OPUS ONE BIG BAND” along with its affiliated companies (hereinafter “we”, “us”, “our”,
“OPUS ONE BIG BAND”, “http://www.opusonebigband.com/phpBB2”) and phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) use any information
collected during any session of usage by you (hereinafter “your information”).
Your information is collected via two ways. Firstly, by browsing “OPUS ONE BIG BAND” will cause the phpBB software to create a number
of cookies, which are small text files that are downloaded on to your computer’s web browser temporary files. The first two cookies just contain a user identifier ( phpbb3_1wf8g_u and phpbb3_1wf8g_k hereinafter
“user-id”) and an anonymous session identifier ( phpbb3_1wf8g_sid hereinafter “session-id”), automatically assigned to you by the phpBB software. A third cookie style_cookie will
be created once you have browsed topics within “OPUS ONE BIG BAND” and is used to store which topics have been read, thereby improving your user experience.
We may also create cookies external to the phpBB software whilst browsing “OPUS ONE BIG BAND”, though these are outside the scope of this
document which is intended to only cover the pages created by the phpBB software. The second way in which we collect your information is by what you submit to us. This can be, and is not
limited to: posting as an anonymous user (hereinafter “anonymous posts”), registering on “OPUS ONE BIG BAND” (hereinafter “your account”) and posts submitted by you after registration and
whilst logged in (hereinafter “your posts”).
Your account will at a bare minimum contain a uniquely identifiable name (hereinafter “your user name”), a personal password used for
logging into your account (hereinafter “your password”) and a personal, valid e-mail address (hereinafter “your e-mail”). Your information for your account at “OPUS ONE BIG BAND” is protected
by data-protection laws applicable in the country that hosts us. Any information beyond your user name, your password, and your e-mail address required by “OPUS ONE BIG BAND” during the
registration process is either mandatory or optional, at the discretion of “OPUS ONE BIG BAND”. In all cases, you have the option of what information in your account is publicly displayed.
Furthermore, within your account, you have the option to opt-in or opt-out of automatically generated e-mails from the phpBB software.
Your password is ciphered (a one-way hash) so that it is secure. However, it is recommended that you do not reuse the same password across
a number of different websites. Your password is the means of accessing your account at “OPUS ONE BIG BAND”, so please guard it carefully and under no circumstance will anyone affiliated
with “OPUS ONE BIG BAND”, phpBB or another 3rd party, legitimately ask you for your password. Should you forget your password for your account, you can use the “I forgot my password” feature
provided by the phpBB software. This process will ask you to submit your user name and your e-mail, then the phpBB software will generate a new password to reclaim your account.
Third Party Cookies
When we provide links to third party services you find useful, they may place a cookie on your device to make their service
easier to use. Our website may also carry embedded music audio clips, 'share' buttons to enable users of the site to easily share articles with their friends through a number of popular social
networks. These sites may also set cookies when you are also logged in to their service. We do not control the dissemination of these cookies and you should check the relevant third party
website for more information about these cookies.
http://www.google.com/privacypolicy.html
Twitter - Twitter may use both session cookies and persistent cookies to better understand how you interact with their Services, to monitor aggregate usage by our users and
web traffic routing on their Services. For more information see the Twitter Privacy Policy
YouTube Video - when including embedded video from YouTube we use a privacy enhanced version of YouTube which does not set
a cookie on your computer unless you play the video. If you do not wish to have a YouTube cookie, simply do not play any embedded video. For more information see the YouTube
Privacy Policy. Real Audio - Some audio sample clips are available on this website for your listening pleasure. RealPlayer occasionally sends
information about your system to RealNetworks and its partners in order to provide you with better service. RealPlayer cookies act very much like Web browser cookies. A "cookie" is
a small text file that stores information. If RealPlayer cookies are enabled, content providers can copy cookies to your hard disk when you play their streaming media content. They can also
read the cookies they previously copied to your hard disk, including Web browser cookies they previously placed. RealPlayer and Web browser cookies can help identify you or your preferences
when you play content from the broadcaster that placed the cookie. You are not required to accept cookies to play most content. You
may disable RealPlayer cookies by selecting Preferences in the Menu of RealPlayer, and expanding "Connection" to "Internet Settings". You can uncheck the selection for
Enable Cookies. For more information see: http://www.real.com/products/player/more_info/
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
Using your personal information
Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in
relevant parts of the website.
We may use your personal information to:
(a) send statements and invoices to you, and collect payments from you.
(b) send you general (non-marketing) commercial communications
(c) send you email notifications which you have specifically requested.
(d) send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this,
by email or similar technology (you can inform us at any time if you no longer require marketing communications.
(e) deal with enquiries and complaints made by or about you relating to the website.
Where you submit personal information for publication on our website, we will publish and otherwise use that information
in accordance with the license you grant to us. We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
Disclosures
We may disclose information about you to any of our employees, officers, agents insofar as reasonably necessary for the purposes
as set out in this privacy policy.
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) 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);
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling; and
(e) 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.
Except as provided in this privacy policy, we will not provide your information to third parties.
Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal
information. Unfortunately, the transmission of information via the Internet is not completely secure. So, whilst We will do our best to protect your personal data, we cannot ensure the security
of your data transmitted to our site. Any transmission is at your own risk. Once We have received your information we will use strict procedures and security features to prevent unauthorised
access.
Policy amendments
We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally
to ensure you are happy with any changes.
Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be
subject to:
(a) the payment of a fee (currently fixed at £10.00); and
(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a
utility bill showing your current address)].
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes by email at any time. In practice, you
will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal
information for marketing purposes.
Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party
websites.
Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
Contact
If you have any questions about or terms and conditions, privacy policy or our treatment of your personal information, please
write to us by email to: info@opusonebigband.com or by post to:
Opus One Music Services
16 Winton Road, Ware, Hertfordshire, SG12 7AX
Privacy Policy Changes: Opus
One Music Services reserves the right to change this Privacy Policy at any time. All changes will be posted to this page.
This policy page was updated on 18 May 2012.
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