FRAZ MUSIC TERMS & CONDITIONS OF SERVICE

Effective Date: September 17, 2019


ABOUT THIS WEBSITE

This Site is made available and operated by Fraz Music, an independent music business based in Johnstone, Renfrewshire, Scotland.


The following terms and conditions (the "Terms and Conditions") govern your use of our website fraserjohnlindsay.com. Use of this website includes accessing, browsing, interacting with the site, joining mailing lists, submitting comments / reviews, or contacting us directly; by using this site, as described, you accept and agree to these terms and conditions and to abide by all rules, terms, conditions, restrictions and notices in the terms and conditions.  If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. Please read these Terms carefully before you start to use this Website, as these will apply to your use of this Website.


These Terms refer to the following additional terms, which also apply to your use of this Website:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using this Website, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on this Website. By using this Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, then you must not use this Website.


ACCESSING THIS WEBSITE

Our Website is made available free of charge.

We do not guarantee that this Website, or any content on it, will always be available or be uninterrupted. Access to this Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this Website without notice. We will not be liable to you if for any reason this Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to this Website.

You are also responsible for ensuring that all persons who access this Website through your Internet connection or devices or equipment provided by you are aware of these Terms and other applicable terms and conditions, and that they comply with them.


INTELLECTUAL PROPERTY RIGHTS

Fraz Music is the owner and licensee of all intellectual property rights in this Website, and owns, solely and exclusively, all rights, title and interest in and to the Site, all the content published on it (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, logos and other intellectual property and proprietary rights therein. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

With the exception of third party content sharing platforms such as YouTube and Spotify, you must not use, embed or otherwise distribute any part of the content on this Website for commercial purposes without obtaining a licence to do so from us. Nothing in these Terms is intended to prevent you from sharing links to any content on this Website by email or through social media, or using any sharing tools provided on this Website.

Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.  You may view the content on the Site on your computer or other Internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. If you print off, copy or download any part of this Website in breach of these terms of use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission from Fraz Music. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the UK and other countries and may be subject to liability for such unauthorized use. Fraz Music will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.


TRADEMARKS

All Trademarks owned or not owned by Fraz Music that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the permission of Fraz Music or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Fraz Music will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.


USER INFORMATION

In the course of your use of this Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site's Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.


USER CONDUCT

You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.  

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  

You agree that if you include a link from any other website to the Site, such link shall open in a new browser window.  You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding.  We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.

You agree to defend, indemnify and hold Fraz Music and its director, agents or content or service providers (collectively, "Protected Entities") harmless from any and all claims, liabilities, costs and expenses, including reasonable lawyers' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions.  Fraz Music reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fraz Music’s defence of such claim.

ORDERS FOR PRODUCTS AND SERVICES

We may make certain products available to visitors of the Site.  For example, you may be able to order certain music-related products and/or licenses through the Site. You may only do so if, you agree to pay in full the prices for any purchases you make either by credit / debit card concurrent with your online order. You agree to pay all applicable taxes and fees. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

Fraz Music uses PayPal merchant services for all online purchase transactions via site frazrecords.com.

Learn more about PayPal’s LEGAL AGREEMENTS

Once an order has been placed by you and received by us (Fraz Music), we will, as soon as practically possible, email you confirmation of your order via the email address provided to us by PayPal. We aim to dispatch orders as soon as practically possible; Our UK deliveries are typically managed by Royal Mail and we would expect, but cannot guarantee, orders to arrive within 3-4 working days. Other couriers may be employed to deliver to international destinations and orders may take longer to arrive; for example: Europe within three to five working days - worldwide within five to seven working days. Fraz Music cannot guarantee when your order will arrive. If you wish to make an enquiry regarding your order, or if you have not heard from us within 5 working days from the date your order was placed, please CONTACT US. We may close  or suspend our online store at anytime; in this event we will update the relevant pages to keep users and customers informed.

PAYPAL PURCHASE PROTECTION

PayPal Purchase Protection (also known as PayPal Buyer Protection) applies for certain, qualifying purchases regardless of the payment method. For these qualifying purchases, PayPal will cover you for the full amount of the item plus original shipping costs if you do not receive the item or if you receive an item but it is significantly different than the description the seller provided. To receive reimbursement for items that are significantly not as described, you will be required to return the item to the seller, or in some cases to PayPal, and to pay the return shipping costs. PayPal Purchase Protection is not available for personal payments and other ineligible purchases.

To be eligible for PayPal Purchase Protection, you must file a Dispute in the PayPal Resolution Centre within 180 days of the date you sent the payment, escalate the Dispute to a Claim within 20 days of the date you filed the Dispute, and meet the eligibility criteria as listed in the PayPal User Agreement.


LIMITATION OF OUR LIABILITY

We 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:

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 this Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on this Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.


APPLICABLE LAWS

We control and operate the Site from our offices in Scotland. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.


VIRUSES

We cannot guarantee that this Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access this Website. You should use your own virus protection software.

You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.


LINKING TO THIS WEBSITE

You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.


THIRD PARTY LINKS AND RESOURCES IN THIS WEBSITE

Where this Website contains links to other sites and resources provided by third parties (including other Delivery Partners), these links are provided for your information only. You acknowledge and agree that we have we have no control over the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.


CHANGES TO THESE TERMS AND THIS WEBSITE

We may revise these Terms at any time without notice to you by amending this page. Please check this page for updates and take notice of any changes we have made, as they are binding on you.

We may update this Website from time to time, and may change the content at any time. However, please note that any of the content on this Website may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that this Website, or any content on it, will be free from errors or omissions.


If you have any questions regarding our Terms & Conditions, do not hesitate to CONTACT US

Please also read our Privacy Policy and Cookie Policy