STEANSIDE SUBSCRIPTION MEMBERSHIP TERMS AND CONDITIONS
These subscription membership terms apply when you pay the Subscription fee and become a Member enabling you to use our Website and receive the Services. You should ensure that you read them in full before you become a Member.
When we refer to the following words in bold they have the meanings given below:
Intellectual Property means copyright, including moral rights, and trade marks.
Member means someone who takes Membership.
Membership means becoming a subscription Member by paying to us the Subscription fee.
Membership Period means the period for which you subscribe to be a Member and pay the appropriate level of Subscription fee.
Music means the music we provide on our Website for you to access and download as part of the Services.
Services means the downloading services provided by us to you as part of your Membership. This means that you can download Music we provide on our Website for your own personal use subject to these terms.
Subscription fee means the money you pay to us to become a Member, being basic, pro or premium membership.
Website means www.steanside.com
We / us / our means Steanside Limited, a limited company registered in England and Wales with company registration number is 14080178. Our registered office is at 31 High Street, Wellingborough, NN8 4HL. [Our VAT number is NUMBER].
You / Your means you as an individual who pays for and enters into Membership with us to receive the Services.
2.1 In return for, and once you have paid your Subscription fee, you are entitled to access our Website and to download Music that we provide to Members, subject to these terms.
2.2 Your entitlement to download Music and to the Services is limited to the Membership Period. Once you are no longer a Member (which could be because the Membership Period has come to an end, you or we have terminated your Membership, or you have not renewed your Subscription, or your payment has been refused or withdrawn) then you will no longer be able to access the part of our Website where the Music is available or to download Music.
2.3 As a Member, you are entitled to access and use the Services as much as you like during the Membership Period.
2.4 As a Member, you are granted a licence by us to you to use the Music how you wish. Please see section 11 below.
2.5 Your Membership subject to the Conditions of Membership below.
3. CONDITIONS OF MEMBERSHIP
3.1 You agree to the following as a Member:
That you are a resident of the United Kingdom.
That you are over 18 years of age.
That you will use the Music only for your own personal use.
That you are an individual.
That you are not in a business and will not use or make available for use our Music for a business purpose.
To pay the Subscription fee.
Not to reveal your password to anyone else, nor allow anyone else to use your password to access our Website or to download Music from our Website.
That you will not (whether during the time that you are a Member or afterwards) represent yourself as being the owner or having any rights in the Intellectual Property in any Music.
3.2 If you fail to abide by and follow the conditions of Membership set out in 3.1 above, or we become aware that you have failed to do so, then we may terminate your Membership and withdraw your access to the Services. If we do this, then we will be entitled to keep the Subscription fee that you have paid and we may not agree to you renewing your membership or becoming a member again in the future.
3.3 When your Membership comes to an end, however that may arise, you will no longer be allowed nor have access to the Services.
4. SUBSCRIPTION FEE AND MEMBERSHIP PERIOD
4.1 The amount of the Subscription fee is set out here. The amount depends upon which Membership Period (Basic; Pro: or Premium) you subscribe to.
4.2 Your Membership and availability to access the Services will last for as long as the membership Period.
4.3 Your Membership will renew automatically at the end of the Membership Period for the same length of time as your initial Membership Period unless cancelled. If you do not wish to renew, please either visit the 'My Subscriptions' section of your account or contact us before the end of your Membership Period to let us know by emailing email@example.com or writing to us at 31 High Street, Wellingborough, NN8 4HL. Please note if your membership renews automatically the provisions of cancellation within 14 days from the date or renewal as explained in section 7 below will also apply.
5.1 Payment is made when you subscribe. Payment is to be made up front by you and paid in full.
5.2 Subject to these terms, the payment is non refundable. Please however see below about your rights to cancel in section 7.
5.3 if you do not access the Services, download any Music, or elect to only download Music on an intermittent basis, you are not entitled to any refund, either in full or in part.
5.4 If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
6. WE'RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
If the Services, or any part of the Services, are unavailable or downloading is delayed by an event outside our control we will let you know on our Website. As long as we do this, we won't compensate you for the delay. However, if the Services are unavailable for a period of more than seven days, you can contact firstname.lastname@example.org to terminate your Membership. We will refund you under these circumstances on a pro rata basis applicable to the length of time you have been a Member to the time when you terminate under this provision. For example, if the Subscription Fee you have paid is £10.00 for three months, and you terminate after two months, we will refund you one third of the Subscription fee paid.
7. YOU OR YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND BEFORE ACCESSING OUR SERVICES OR DOWNLOADING MUSIC FOR THE FIRST TIME
7.1 You have a legal right to change your mind before accessing or downloading the Music on our Website for the first time. This only applies for 14 days after the date your Membership starts. It is important to note however that you lose this right as soon as you start to download or stream any Music from our Website.
7.2 If you do decide to change your mind contact our Customer Service Team on email@example.com, or write to us at our address at 31 High Street, Wellingborough, NN8 4HL. Please ensure you put your details, including your name, email address. Provided you are within the 14 day period, and you have not used any of the Services, we will refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
8. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH THE SERVICES OR ANY DOWNLOAD
If you think there is something wrong with the Services, or Music you have downloaded, you must contact our Customer Service Team at firstname.lastname@example.org. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
The Consumer Rights Act 2015 says that digital content must be as described, fit for purpose and of satisfactory quality. If the digital content provided is faulty then you are entitled to a replacement.
If the fault cannot be fixed, or if it has not been fixed within a reasonable period of time and without significant inconvenience, you may be entitled to some or all of your money back.
If you can show that the fault has damaged your device and that we have not used reasonable care and skill you may be entitled to a repair or compensation.
9. WE CAN CHANGE THESE TERMS
We can always change the Services we provide :
to reflect changes in relevant laws and regulatory requirements;
to update digital content, provided that the digital content always matches the description of it that we provided to you before you subscribed to our Services.
10. WE CAN WITHDRAW OR CHANGE MUSIC
10.1 We can stop providing access to download or access any piece of Music at any time. We will however ensure that any Music that is removed is replaced with another piece of Music.
10.2 We do not at any time guarantee that all Music displayed will be available, but we will always ensure that there is a selection of Music available of at least 25 tracks.
11. INTELLECTUAL PROPERTY
11.1 We are the owner of all of the Intellectual Property in the Music and the Services.
11.2 You agree that you will not (whether during the time that you are a Member or anytime afterwards) represent yourself as being the owner or having any rights in the Intellectual Property in any Music.
11.3 Provided you pay, and subject to the payment of, all Subscription fees due to us, we grant to you
a non-exclusive and royalty-free licence to use the Intellectual Property in the Music. Please note that this means, and you understand, that we may use the Music ourselves and grant the right to others to also do so and therefore you cannot prevent others from using the same Music.
11.4 Provided you pay, and subject to the payment of, all Subscription Fees due to us, we shall indemnify you against all liabilities, costs, expenses, damages and losses (excluding business losses, indirect or consequential losses, loss of profit, and loss of reputation) suffered or incurred by you that arises out of or in connection with any claim made against you for actual or alleged infringement of a third party's Intellectual Property rights as a result of you using Music provided by us. This does not apply where you rearrange, rewrite, reconstitute or sample the Music.
12. WE CAN END YOUR MEMBERSHIP WITH US
We can end your Membership and claim any compensation due to us if:
you don't make any payment to us when it's due and you still don't make payment within fourteen days of our reminding you that payment is due;
you fail to honour your obligations under section 3.1 above; or
you infringe our Intellectual Property rights or misuse our Intellectual Property.
13. WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR SERVICES
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before you became a Member meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in section 6 above.
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice.
A business loss. It relates to your use of the Services for the purposes of your trade, business, craft or profession.
14.WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
How we use any personal data you give us is set out in our Privacy Notice
15. RESOLVING DISPUTES WITH US
15.1 If you have a complaint, we would like to work with you to resolve it. Please contact us at email@example.com.
15.2 These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
16. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
16.1 We can transfer our contract with you, so that a different organisation is responsible for supplying the Services. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the Membership and the Services you are to receive.
16.2 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
16.3 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we cannot do it