These Terms set out your rights and obligations, and those of Morthanveld Publishing Ltd (“we” or “us”), in relation to www.morthanveld.com (the “Site”) and any goods or services available through, and material of any kind accessible or relating to, the Site or us (the “Services”). When we refer to “Morthanveld.com” in these Terms, we mean us, the Site, and/or the Services, according to the context.
It is your responsibility to read and understand these Terms before using Morthanveld.com. By registering with Morthanveld.com, you accept that you are entering into a contract with us under these Terms. People who register for Morthanveld.com establish an “Account”, and become “Users”. Visitors to Morthanveld.com who do not become Users, but who nevertheless use the Site, agree that they are bound by these Terms each time they access Morthanveld.com. You should be aware that these Terms may change from time to time in accordance with Clause 20 below.
Obtaining an Account and providing a Payment Method
If we ask you to provide some information about yourself when you register for Morthanveld.com, you must ensure that this information is accurate and current. You may keep this information updated through your Account. Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account. When you place an order for a Product, you will be passed to a third party merchant in order to securely process your payment. Morthanveld.com do not capture or store any payment details. If we are informed by the third party merchant that they suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time. You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Morthanveld.com may terminate your Account at any time without notice. You may not register as a User if you are under 16 years of age.
Morthanveld.com provides Users with the facility to browse and order sheet music and/or music related products published, printed and/or retailed by Morthanveld Publishing Ltd.
We reserve the right to add or remove Products from our Services at any time. Clause 4 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web and device usage skills to make use of our Services.
Terms of purchase for Products
A contract between a User and Morthanveld.com for the purchase of a Product is created as follows. The User places the order for a Product on the Site by pressing an order confirmation button at the end of the checkout process. By confirming your order, you are agreeing to purchase the Product you have selected. At this point, we take payment for your order by means of your nominated Payment Method. We will send to you a confirmation email detailing your order for the Product, and other information we must provide to you.
Note that Morthanveld.com may reject an order in certain circumstances, including but not limited to:
- Your order breaching the requirements of these Terms;
- The Product you order being unavailable;
- Our inability to obtain authorisation for your payment; or
- A relevant pricing or Product description error being identified.
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order. Orders for personalised products may not be cancelled or amended once accepted by Morthanveld.com.
International use of Morthanveld.com
You must ensure that you comply with the local laws that apply to you and your use of Morthanveld.com, including as to the Products that may be bought through Morthanveld.com. That use may be prohibited or restricted in various jurisdictions.
Closure of Accounts
You may choose to cancel your Account at any time by emailing your closure request to email@example.com. You may be asked to provide further proof that you are the holder of the Account. Accounts are provided at the sole discretion of Morthanveld.com and may be closed (“terminated”) by Morthanveld.com without notice or explanation; reasons for such a closure include but are not limited to breaches of Content Rules by Users, any attempt to use a Payment Method that the User is not entitled to use or other breaches of these terms. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 7) shall not be terminated as a result.
All products purchased from Morthanveld.com are copyright. In the case of sheet music, the purchaser has the right to perform the purchased sheet music in public and to record the purchased sheet music for sale on fixed, electronic and/or broadcast media. In all such cases, the purchaser is responsible for ensuring that the necessary performing licences (including but limited to PRS licences for live performance in the UK and MCPS licences for recorded mechanical reproduction or recorded and live broadcast performances in the UK) are in place. Any performances not covered by a venue PRS licence must be reported on the purchaser’s own PRS returns (or the relevant licensing agency for the territory where the music is performed). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Morthanveld.com are owned by, or licensed to, us. You may use and access Morthanveld.com and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, or create any derivative work from Morthanveld.com, or any of the material which is found on Morthanveld.com unless properly licensed to do so by us. You are not allowed to use Morthanveld.com (or to copy or use any material found on Morthanveld.com) for any commercial purpose other than to conduct the purchase of a Product from Morthanveld.com. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Morthanveld.com. No-one may use any robot, spider, scraper or other automated means to access Morthanveld.com for any purpose without our prior express written permission.
Third Party Promotions
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Morthanveld.com, (b) your use of all or part of the Services, (c) to warn Users and other users of Morthanveld.com against interacting with a particular User, and/or (d) to take technical and legal steps to stop any Users from using Morthanveld.com if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services at any time if we are obliged or advised to comply with an order, instruction or request of any government department or agency, or any regulator, court or other competent authority.
Contact from third parties.
If anyone contacts us in relation to a transaction associated with you, then you agree:
- to provide all reasonable information and assistance we may require in connection with responding to that contact; and
- to respond promptly and accurately to it, should we pass the message to you for a response.
Operation of Morthanveld.com
We reserve the right to withdraw or modify all or part of the Services or Morthanveld.com where we have legal or commercial reasons to do so. There may be times when the operation of Morthanveld.com is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by Morthanveld.com, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to Morthanveld.com or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of Morthanveld.com. For security or other reasons, we may require you to change your password or other information which facilitates access to Morthanveld.com; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide Morthanveld.com in accordance with our specifications for Morthanveld.com but the Services are provided “as is” and we cannot and do not guarantee that Morthanveld.com or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any purchasable content available on Morthanveld.com. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 16 shall survive the termination or expiry of these Terms.
You agree to indemnify Morthanveld.com, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any breach of these Terms by you or through your Account.
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of Morthanveld.com assign or dispose of these Terms or any of your rights and obligations under it.
These Terms are intended to contain your entire agreement with us relating to your use of and access to Morthanveld.com; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to Morthanveld.com.
Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on Morthanveld.com. The new version of these Terms will take effect commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you. In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Morthanveld.com. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act. We don’t separately file the Terms entered into by Users when they register for Morthanveld.com. You can access them here only. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
These Terms, the Services and each order and purchase of a Product shall be governed by English law.
You can contact us by post at Morthanveld Publishing Ltd, The Media Centre, Huddersfield, West Yorkshire, HD1 1RL. We will send our notices to you by email to the email address specified in your Account.