Last Updated: July 2017
These Site Terms do not alter the terms or conditions of any content licence agreement you may have with Lebrecht Music and Arts, its subsidiaries or affiliates, and if any conflict exist, the terms of your content licence agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. These Site Terms applies to you, and if you are using this Site on your employer's behalf, to you and your employer. Lebrecht Music and Arts reserves the right to change these Site Terms from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.
Ownership of the Site and its Contents
The Site is owned by Lebrecht Music and Arts. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof ("Lebrecht Music and Arts Content"), is owned by Lebrecht Music and Arts, its licensors or its third-party image partners. All elements of the Site, including the Lebrecht Music and Arts Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. You may not remove any watermarks or copyright notices contained in the Lebrecht Music and Arts Content.
Use of the Site
The Site and the Lebrecht Music and Arts Content are intended for customers of Lebrecht Music and Arts. You may not use the Site or the Lebrecht Music and Arts Content for any purpose not related to your business with Lebrecht Music and Arts. You are specifically prohibited from: a) downloading, copying or re-transmitting, or extracting any or all of the Site or the Lebrecht Music and Arts Content without, or in violation of, a written licence or agreement with Lebrecht Music and Arts; b) using any data mining, robots or similar data gathering or extraction methods; c) manipulating or otherwise displaying the Site or the Lebrecht Music and Arts Content by using framing or similar navigational technology; d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Lebrecht Music and Arts product or service if you are not expressly authorised by such party to do so; e) reverse engineering, altering or modifying any part of the Site or the Lebrecht Music and Arts Content; f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; g) selling, licensing, leasing or in any way commercialising the Site or the Lebrecht Music and Arts Content without specific written authorisation from Lebrecht Music and Arts; h) copying, imitating or using the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Lebrecht Music and Arts; and (i) using the Site or the Lebrecht Music and Arts Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United Kingdom or the country in which you reside.
Copyright Infringement Policy
If you breach any of the intellectual property rights of Lebrecht Music and Arts, your license to access or use this Site shall automatically terminate and your account on the Site shall be deleted.
If you believe that any material on the Site infringes upon any copyright that you own or control, contact Lebrecht Music and Arts with a description of the material that infringes your copyright including any identification number used in the Site in relation to the material and information sufficient to permit Lebrecht Music and Arts to contact you, such as your physical address, phone number, and email address.
The contact details for notice of claims of copyright infringement are:
Lebrecht Music and Arts
17-19 Garway Road
London W2 4PH
T: +44 (0)20 7727 4065
F: +44 (0)20 7792 8509
The names "Lebrecht Music and Arts" , “Bridgeman Images” , “Bridgeman Studio”, “Bridgeman Education”, “Bridgeman Footage” as well as logos, and any other product or service name or slogan contained in the Site, are trade marks of Lebrecht Music and Arts and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lebrecht Music and Arts or the applicable trademark holder.
You may not use a Lebrecht Music and Arts logo or other proprietary graphic of Lebrecht Music and Arts to link to the Site without the express written permission of Lebrecht Music and Arts. Further, you may not frame any Lebrecht Music and Arts trade mark, logo or other proprietary information, including the Lebrecht Music and Arts Content, without Lebrecht Music and Arts' express written consent.
In the event that Lebrecht Music and Arts provides links from the Site to any third-party website or permits any third party to link from its website to the Site, you should be aware that Lebrecht Music and Arts makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability nor it makes warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such sites are not under the control of Lebrecht Music and Arts, and Lebrecht Music and Arts provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Lebrecht Music and Arts of any website or any information contained therein. When you leave the Site, you should be aware that Lebrecht Music and Arts terms and policies no longer govern. Lebrecht Music and Arts shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of your participation, correspondence or business dealings with any third party found on or through the Site.
Blogs & Other Interactive Services or Areas
The Site may include discussion forums or other interactive sections or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other sections or services in which you or third parties can create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Sections"). You are solely responsible for your use of such Interactive Sections and you may use them at your own risk. By using any Interactive Sections, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, unauthorized commercial communications, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private or sensitive information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Corrupted data, viruses, or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgement of Lebrecht Music and Arts, is restricts or inhibits any other person from using or enjoying the Interactive Sections or the Site, or which may expose Lebrecht Music and Arts or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Lebrecht Music and Arts takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Lebrecht Music and Arts liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Lebrecht Music and Arts are not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Nevertheless, Lebrecht Music and Arts reserves the right to remove, screen or edit, at its own incontestable discretion, any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Sections or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Sections and/or the Site. You acknowledge and agree that Lebrecht Music and Arts may access, use or disclose any information about you or your use of this Site, including but not limited to any User Content, to comply with the law or any legal process, to protect and defend the rights or property of Lebrecht Music and Arts or to protect the safety of our company, employees, customers or the public.
Registration Data and Account Security
In consideration for the use of the Site, you agree to: a) provide accurate, current and complete information about you or any other entities you might be representing, in any registration forms you might be prompted to complete in the Site (“Registration Details”); b) promptly update and keep accurate, current and complete your Registration Details or any other information you provide to Lebrecht Music and Arts; c) securely store any password or account personal information provided to you by Lebrecht Music and Arts and; d) promptly notify Lebrecht Music and Arts of any unauthorised use of your account.
You herein accept all responsibility for any and all activities that occur under the use of your account. Lebrecht Music and Arts reserves the right to suspend or delete, at its own discretion, any account that shows unpermitted, suspicious or otherwise anomalous activities.
You agree to defend, indemnify and hold harmless Lebrecht Music and Arts, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Site Content providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Lebrecht Music and Arts Content, or your violation of any rights of another.
Your use of the Site is at your own risk. THE SITE, its Interactive Sections and any other online service provided by Bridgeman Images, ARE PROVIDED "AS IS" AND LEBRECHT MUSIC AND ARTS AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LEBRECHT MUSIC AND ARTS MAKES NO WARRANTY THAT: A) THE SITE WILL MEET YOUR REQUIREMENTS; B) ACCESS TO THE SITE WILL BE UNINTERRUPTED; C) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; D) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED; E) THE SEARCH RESULTS AND INDEXING SYSTEM USED IN THE SITE IS ACCURATE, COMPLETE OR RELEVANT TO YOU AND; D) THE SITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. LEBRECHT MUSIC AND ARTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE SERVICES WILL BE PERMITTED IN YOUR JURISDICTION, THAT THE SITE OR YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY OF THE SITE CONTENT SUBMITTED BY YOU WILL BE AVAILABLE THROUGH THE SITE OR WILL BE STORED BY THE SITE, THAT THE SITE SERVICES WILL MEET YOUR NEEDS, OR THAT LEBRECHT MUSIC AND ARTS WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SITE. LEBRECHT MUSIC AND ARTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE LEBRECHT MUSIC AND ARTS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Limitation of Liability
To the extent permitted by law, Lebrecht Music and Arts excludes all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
Lebrecht Music and Arts will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Governing Law and Jurisdiction
These Site Terms and any dispute or claim arising out of your use of the Site or the Lebrecht Music and Arts Content shall be governed by the law of England and Wales and the Parties submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any such dispute or claim.
To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, Lebrecht Music and Arts reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Lebrecht Music and Arts. If any provision of these Site Terms is found to be invalid or unenforceable, this will not affect the other clauses and provisions of the Site Terms which will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Lebrecht Music and Arts reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Comments
Questions or comments about the Site or Site Terms may be directed to Lebrecht Music and Arts at firstname.lastname@example.org or by calling +44 (0)20 7727 4065