Arid Music - Business Terms

Arid Music Terms and Conditions

ARID MUSIC TERMS AND CONDITIONS - ISSUE 3 – 6 NOVEMBER 2007

INTRODUCTION
Arid Music’s purpose is to promote live music, encourage local unsigned musicians and assist venue
organisers in finding suitable performers through advertising, personal contact and sale of compact disc
recordings. Arid Music is the trading name used by David I Wilcox.

SCOPE
These terms and conditions apply to all those who use or visit the aridmusic.com Site, www.aridmusic.com
and are displayed on the Site at www.aridmusic.com/terms.

SPECIAL TERMS
The following special terms apply throughout this document:
“The Arid Music Website” or “the Aridmusic.com Site” or “the Site” – www.aridmusic.com and all associated
web pages.

“Business Information” – any detail, data or fact supplied to me.
“Samples” – Items of music and publicity material in any form supplied by any person to me.
“The Arid Music Website Owner” – David I Wilcox.
“The Supplier” – The Arid Music Website Owner, David Wilcox.
“The Customer” – Any person who uses the Aridmusic.com Site, uses information supplied on the Site
or supplies Business Information or Samples to me by any means for any purpose.
“Stock” – any item supplied to me for retail sale through the Arid Music Website.
“Stock Supplier” – The legal owner of any Stock supplied to me for sale. A Stock Supplier is also a
Customer for the purposes of these Terms and Conditions.
“These terms and conditions” – This document and its provisions.
“Proceeds of Sale” – Moneys received for sale of Stock less an pre-agreed commission payable to me.
“Agreement” – A verbal or written undertaking between me and a third party forming a contract.
“Service” – An action to be undertaken by me, the Supplier in return for a consideration paid by you, the
Customer. These will be detailed in the contract schedule.
“I”, “mine”, “my” or “me” refers to the Supplier. “You”, “yours” or “your” refers to the Customer.

AGREEMENT
These Terms and Conditions govern your use of the Aridmusic.com Site and your relationship with me. By
using the Aridmusic.com Site you agree to be bound by these Terms and Conditions. Please read them
carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and
Conditions, please do not send information to me or use the Aridmusic.com Site. Please note that to use any of
the Services provided on the Aridmusic.com Site, you are required to supply your full name and address and an
evening contact telephone number or email address.
These Terms and Conditions govern your use of the Aridmusic.com Site and Online Store and all services
provided in connection with these, including provision of information and recommendations. You should check
the Aridmusic.com Site from time-to-time to review the then current Terms and Conditions, because they are
binding on you.
I may update these Terms and Conditions from time to time and any changes will be notified to you by email or
via a suitable announcement on the Aridmusic.com Site home page. The changes will apply to the use of the
Aridmusic.com Site after I have given notice. If you do not wish to accept the new Terms and Conditions you
should not continue to use the Aridmusic.com Site and the Online Stores. If you continue to use the Aridmusic.
com Site after the date on which the change comes into effect, your use of the Aridmusic.com Site indicates
your agreement to be bound by the new Terms and Conditions.

USE OF ARIDMUSIC.COM
The contents of the Aridmusic.com Site are directed solely at those who access the Site from the United
Kingdom and I make no promise that materials on the Aridmusic.com Site are appropriate or available for use
in locations outside the United Kingdom. Accessing the Aridmusic.com Site from territories where its contents
are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United
Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
I may decline access to the Aridmusic.com Site by any person.
I provide the Aridmusic.com Site on an “as-is” basis and I make no representations or warranties of any kind
with respect to the Aridmusic.com Site, its contents or its accessibility and disclaim all such representations
and warranties. I make no representations or warranties of accuracy, completeness or suitability for any
purpose of the information and related graphics on Aridmusic.com Site. The information on Aridmusic.com Site
may contain technical inaccuracies or typographical errors. All my liability for any such inaccuracies or errors is
expressly excluded to the fullest extent permitted by law.
Hyperlinks to other websites are provided for interest only. I have no control over these websites and I make no
representations about them or their content.
You may not link the Aridmusic.com Site to any other website without my prior written consent. If I give any such
consent, I can revoke it at any time.
You may retrieve and display the content of the Aridmusic.com Site on a computer screen, store such content in
electronic form on disk (but not any server or other storage device connected to a network) or print one copy of
such content for your own personal, non-commercial use, provided you keep intact all and any copyright and
proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Aridmusic.com Site without my written permission.
I own the Arid Music logo. All other trade-marks, brand names, good names, titles and copyrights used in this
Site are trade marks, brand names, good names, titles, intellectual property rights and copyrights of their
respective holders. I give no permission in respect of use of any of them and such use may constitute an
infringement of the holder’s rights.
The services provided by the Aridmusic.com Site do not include the provision of computer or other necessary
equipment to access the Aridmusic.com Site. To use the Aridmusic.com Site you will require Internet
connectivity and appropriate telecommunication links. I shall not be liable for any telephone or other costs that
you may incur.
I will not be liable for loss or damage arising out of or in connection with the use of the Aridmusic.com Site. This
is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation)
compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to
property and claims of third parties.
I will not be liable for failure to provide any service due to circumstances or events beyond my control, including
failure by a third party service provider to provide a service critical to the operation of the Aridmusic.com Site.
I will not be liable for technical or other problems you may experience when using the Aridmusic.com Site.
You may not use the Aridmusic.com Site for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability
or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person's use or enjoyment of the Aridmusic.com Site.
Breaching any laws concerning the use of public telecommunications networks.
Interfering or disrupting networks or websites connected to the Aridmusic.com Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the
permission of the owner.

You will indemnify me against all losses, liabilities, costs and expenses reasonably suffered or incurred by me,
all damages awarded against me under any judgment by a court of competent jurisdiction and all settlements
sums paid by us as a result of any settlement agreed by us arising out or in connection with:

Any claim by any third party that the use of the Aridmusic.com Site by you is defamatory, offensive or
abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable
law, regulation or code of practice;
Any claim by any third party that the use of the Aridmusic.com Site by you infringes that third party's
copyright or other intellectual property rights of whatever nature; and
Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection
with the use of the Aridmusic.com Site by you.

The Aridmusic.com Site is provided by me without any warranties or guarantees. You must bear the risks
associated with the use of the Internet.
The Aridmusic.com Site provides content from other internet sites or resources and while I try to ensure that
material included on the Aridmusic.com Site is correct, reputable and of high quality, I cannot accept
responsibility if this is not the case. I will not be responsible for any errors or omissions or for the results
obtained from the use of such information or for any technical problems you may experience with the Aridmusic.
com Site. If I am informed of any inaccuracies in the material on the Site I will attempt to correct the inaccuracies
as soon as I reasonably can with reasonable skill and care.
Nothing in these Terms and Conditions shall exclude my liability for personal injury or death caused by my
negligence.
As a convenience to Aridmusic.com customers, the Aridmusic.com Site includes links to other web sites or
material that are beyond my control. I am not responsible for content on the internet of other site outside the
Aridmusic.com Site.

INFORMATION POSTED ON ARIDMUSIC.COM
You use the Aridmusic.com Site, supply Business Information to me, request a Service from me or enter an
Agreement with me at your own risk and in doing so, you agree to be bound by the provisions of these Terms
and Conditions, this document. A printed copy of these terms and conditions can be supplied on request for an
administrative charge.
In supplying Business Information to me, requesting a Service from me or entering an Agreement with me you
confirm that you and all other parties to whom Business Information the supplied by you refers have read,
understood and agree to These terms and conditions and that you agree to:

Supply your full name, address and email address to me.
My sending you promotional email from time to time.
The display of Business Information agreed with you on the Arid Music Site.
Check the Arid Music Site at least weekly for accuracy of the Business Information displayed about you
Ensure that Business Information is up-to-date and
Notify me promptly of any errors on the Aridmusic.com Site.

To supply Business Information to me, request a Service from me, make a purchase from me or enter an
Agreement you must be over eighteen years of age.
You must ensure that the details provided by you to me or at any time are correct and complete. You must
inform me immediately of any changes to the information that you provided when you initially supplied your
personal details to me.
The supply of information to me, provision of a Service by me or entry into an Agreement between you and me
does not confer any ownership of the Aridmusic.com Site to you or give you rights over any part of it.
I will construct Aridmusic.com with reasonable care and skill and subject to these Terms and Conditions.
Aridmusic.com is hosted by Yahoo and the characteristics of all web pages will be limited to capability of
Yahoo Sitebuilder software. The construction and operation of the Aridmusic.com Site is bound by Yahoo
Terms & Conditions.
I will not publish telephone numbers on the Aridmusic.com Site without the express permission of the person
that pays the associated telephone-bill.
I will not publish surnames on the Aridmusic.com Site without express permission of the named individual
when the surname is part of a stage name.
I reserve the right to refuse publication of offensive material. In this case, any consideration will be returned.
I reserve the right to refuse to publish copyright protected material, including songs, without appropriate
permission having been obtained by you to my satisfaction.
I reserve the right to remove any Business Information displayed on the Aridmusic.com Site where the
originator of that Business Information cannot be contacted by email for a period longer than one month.
Part of the Aridmusic.com Site may contain advertising and sponsorship. Advertisers and Sponsors are
responsible for ensuring that material submitted for inclusion on the Aridmusic.com Site complies with relevant
laws and codes.
I will not be responsible for any error or inaccuracy in advertising and sponsorship material.

INFORMATION SECURITY
I will retain only the minimum Business Information required to undertake my business and will secure this
data in an appropriate manner.
Business Information supplied to me is stored on a computer database. I undertake to supply details of
data held, whether displayed or otherwise, on request. Data will be removed from my records on request. A
small fee may be charged for this service.
I will remove information relating to a determined Agreement from the Aridmusic.com Site within 7 days of
receiving a request.

SUPPLY OF STOCK FOR RETAIL SALE
I will purchase Stock supplied to me at a nominal sum specified in an Agreement between us after which I
retain ownership of the Stock until I have sold it or returned it to the Stock Supplier. The Stock Supplier will
receive the agreed cost price less the nominal sum for the any Stock that I sell sold promptly after I have sold
each item it but in any case within 30 days unless agreed otherwise. A Stock Supplier may re-purchase Stock
that I have not sold for the price at which he sold it to me, less the cost of return delivery by appropriate means.
I will advertise Stock for sale on Aridmusic.com at a price agreed between the Stock Supplier and me.
The Stock Supplier is required to provide one Sample copy, which may be plain or unpackaged, of each
different compact disc album he offers to me for retail sale. All other Stock is to be in original sealed wrappers
and fit for sale on receipt. The Stock Supplier is required to confirm in writing that no copyright has been
breached.
I reserve the right to refuse to advertise or sell Stock that I consider unsuitable or inappropriate in anyway. In
such case, I will return all such Stock to the Stock Supplier within 30 days, in original packaging.

ON-LINE STORE
Any goods offered for sale may only be purchased and delivered to persons within the United Kingdom.
My acceptance of an order takes place on despatch of the order, at which point the purchase contract will be
made.
All payments for goods are taken through the PayPal secure payment system. All transactions are subject to
PayPal’s Terms and Conditions that may be read on the PayPal website, www.paypal.com. I do not receive any
credit or debit card details.
If you order goods from the Aridmusic.com Site, (unless I have made a mistake) the prices for the will be the
prices quoted on the on-line PayPal order form. Postage and Packing will be added to the total sum debited
from your account by PayPal.
There will be no contract of any kind between you and me unless and until I actually dispatch the goods to you.
At any point up until then, I may decline to supply the goods to you without giving any reason. At the moment that
the goods are dispatched (and not before), a contract will be made between you and me. If I decline to supply
goods or services, any payment I have received from you in respect of the goods or services will be refunded.
Delivery will be made to the address specified by you on the completed PayPal order form. You are required to
provide a full UK postal address including postcode, an evening telephone contact number and an email
address with your order so that I may check the dispatch address at my discretion. Please note that I can only
deliver goods within England, Scotland, Wales and Northern Ireland. All deliveries are by Royal Mail. I disclaim
all liabilities for the consequences of you giving me an incorrect dispatch address. I will confirm the dispatch of
your order by email.
I do my best to secure delivery within 30 days of the date of your order but I disclaim all liabilities for loss
occasioned by delay in delivery arising out of any cause beyond my control. If you have not received goods you
have ordered within 30 days, it is your responsibility to inform me by email at admin@aridmusic.
com stating your order reference and PayPal reference.
If for any reason beyond my reasonable control, I am unable to supply a particular item, I will notify you as soon
as possible. Any payment I have received from you in respect of the goods or services will be refunded.
Occasionally I may make a mistake in the price quoted for a good on the Aridmusic.com Site or on-line form
and if I have made such an error, I will inform you as soon as I become aware of this and will tell you the correct
price and ask you if you still wish to place a new order. If I have not heard back from you within 7 days, I will
assume that you do not want to order and will give you full refund by UK crossed cheque or by PayPal if you
have already paid.
I reserve the right to cancel a contract between us if one or more of the goods you ordered were listed at the
incorrect price due to a typographical error or because of an error on the Aridmusic.com Site. If I do cancel a
contract in such circumstances, I will notify you by email and refund money that you have been paid as soon as
possible and in any case within 30 days. I will not be liable for additional compensation in any circumstance.
Provided that the goods are sealed in their original packing, you have the right to cancel your order up to 14
working days after the day following the delivery of the goods by calling me on 07828 198714 or by email
admin@aridmusic.com. In the event that the goods have already been dispatched at the date of receipt of your
cancellation of the order you must return the goods to me sealed and in good condition including the dispatch
note and details of the PayPal transaction if you have paid that way. I will send a refund by crossed cheque for
the price of the goods within 30 days beginning with the day on which notice of cancellation was given. Please
use the Royal Mail when returning the package.If you do not return the goods within 21 days of your
cancellation, I will make a charge in respect of the cost of recovering the goods. If you do not return the goods or
fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to
have accepted the goods, at which point a new purchase contract will be made and you will be charged for your
order at the price set out on the web site. This does not affect your statutory rights.
I regret that I cannot be held responsible for non-delivery of returned goods so we recommend you get a
certificate of posting from the Post Office.
If an item has been returned for any reason other than a goods fault or a mistake I've made, you will be
refunded the cost of the goods and the post and packaging charges by UK £ cheque but not the return postal
charges.
Your statutory rights are not affected.
Refunds where made will be by UK cheque in UK£. As my business is limited to UK, I do not have the capability
to refund in any other currency.
My liability to you in connection with any order will not exceed the total price charged for the relevant items.
I will not consider supply of goods or refunds in cases of dispute unless you can produce a PayPal Transaction
reference number. Purchasers are strongly advised to record this reference at the time of purchase.

SAMPLES
Samples of music and publicity material received by me are not returnable and may be used to make
compilation compact disc recordings to distribute free of charge to organisers at potential venues.
Samples will not be treated as Stock.

LIMITATION OF LIABILITY
Nothing in these terms and conditions limits affects my liability to you in the event of death or personal injury
from my negligence.
I disclaim all liabilities for any loss or damage caused by me or my employees or agents in circumstances
where:

There is no breach of a legal duty of care owed to you by me or by any of my employees or agents;
Such loss or damage is not reasonably foreseeable result of any such breach at the time I enter a
contract or agreement with you;
Any increase in loss or damage results from breach by you of any of these terms and conditions.

In particular, I disclaim all liabilities in connection with the following:

Incompatibility of the Aridmusic.com Site with any of your equipment, software or
telecommunications links
Technical problems including errors or interruptions of the Aridmusic.com Site
Unsuitability, unreliability or inaccuracy of the Aridmusic.com Site
Inadequacy of the Aridmusic.com Site to meet your requirements

I make no guarantee or warranties concerning the integrity of individual performers advertising on the Aridmusic.
com Site or the nature or quality of service they offer. I will not be responsible for organisation any events or
performances unless specifically agreed and subject to written contract.
To the full extent allowed by applicable law, you agree that I will not be liable to you or any third party for any
consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of
anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or
punitive damages whatsoever that arise out of or are related to the Aridmusic.com Site.
Although I aim to offer you a high quality service, I make no promise that the services at the Aridmusic.com Site
will meet your requirements. Aridmusic.com cannot guarantee that the service will be fault free. If a fault occurs
in the service you should report it to me (see below for contact details) or by email and I will attempt to correct
the fault as soon as I reasonably can.
Your access to the Aridmusic.com Site may be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. I will attempt to restore the service as soon as it reasonably can.
I disclaim all liabilities for failure to provide any Service due to circumstances or events beyond my control,
including failure of a third party to provide a service critical to the operation of the Aridmusic.com site.
I disclaim all liabilities for failure of any person to fulfil a contract with a third party in respect of booking,
performance or gig arrangements.
I make no guarantee or warranty in respect of the performance, quality or condition of any packaged item
advertised on or sold through the Aridmusic.com Site
I disclaim all liabilities for any breach of copyright committed in sale of Stock on the Aridmusic.com Site.

GENERAL
All offers are valid only for the periods stated on website.
Either party may determine any Agreement between us by giving one week’s notice in writing to the other
unless otherwise stated in the Agreement. I will not be liable for any compensation resulting from early
determination.
If I do not exercise my rights on a particular occasion it will not stop me exercising those rights in the future.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction,
the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect.
I shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond my
control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of
Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or
remedy of a third party which exists or is available apart from that Act.
Notwithstanding the above, none of the exclusions and limitations in the clauses above is intended to limit any
rights you have as a consumer under local law.
These Terms and Conditions do not affect your statutory rights.
These conditions are governed by and construed in accordance with the laws of England and Wales.
Each of us submits to non-exclusive jurisdiction of the English Courts.

PRECEDENCE
In the event of a conflict between these terms and conditions and those of either Yahoo or PayPal, Yahoo’s or
PayPal’s Terms and Conditions will take precedence over the these terms and conditions.

CONTACT
You can contact me by email at admin@aridmusic.com or by surface mail at PO Box 109, Lichfield, WS14 9GQ.