Terms and Conditions - Merlin

Terms and Conditions

Updated: August 2023

These terms of use (“Terms”) govern your use of https://merlinnetwork.org and all web pages within such domain (“Website”). 

The Website is owned and operated by Music and Entertainment Rights Licensing Independent Network Limited with its trading address at Aviation House, 2nd Floor, Room #02C128, 125 Kingsway, London, WC2B 6NH (“Merlin”, “us”, “we” or “our”). References to “you” or “your” means you an individual.  

These Terms refer to the following additional policies and notices, which also apply to your use of the Website: Privacy Notice and Cookie Policy. 

  1. ACCEPTANCE OF TERMS 
    1. By accessing and using the Website, you confirm that you have read, understood, and accept these Terms and that you agree to abide by them and any changes made to them from time to time may be made without notice to you by posting such changes on the Website. If you do not agree to these Terms, you must not use the Website.
  2. INTELLECTUAL PROPERTY
    1. You acknowledge and agree that Merlin and/or its licensors own all Intellectual Property Rights (as defined below) in the Website. 
    2. Except as expressly stated herein, these Terms do not grant you any rights to, under or in, any such Intellectual Property Rights, or any other rights or licences in respect of the Website. 
    3. “Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
  3. USER CONDUCT
    1. You may use the Website for lawful purposes only.
    2. We take reasonable care to ensure that the Website is free of computer viruses and other damaging content but cannot guarantee that your use of the Website will not cause damage to your computer. You should ensure that you have suitable equipment and security and virus protection in place before using the Website.
    3. By using the Website, you agree not to:
      1. reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or sell any content from the Website without obtaining a licence to do so from us or our licensors (as applicable);  
      2. violate any applicable laws or regulations; 
      3. use the website to engage in any fraudulent, harmful, or malicious activities; 
      4. introduce viruses, or other damaging content which is malicious or technologically harmful;
      5. attempt to gain unauthorized access to any part of the Website or its related systems;
      6. interfere with the proper functioning of the Website or disrupt other users’ experiences;
      7. post, upload, or transmit any content that is unlawful, defamatory, infringing, or otherwise objectionable; or
      8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  4. DISCLAIMER OF WARRANTIES AND LIABILITY
    1. Except as expressly and specifically provided in these Terms:
      1. you assume sole responsibility for your use of the Website and your use of the Website is at your own risk;
      2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms;
      3. the Website is provided to you on an “as is” basis; and Merlin does not warrant or guarantee (and you acknowledge and agree that Merlin shall be under no obligation to ensure) that the functions or materials on, or access from, the Website shall be uninterrupted or free from errors; nor any or all data or information provided to you will be accurate or secure in every respect (and the parties acknowledge and agree that data and information may be obtained from third parties and Merlin takes no responsibility for the quality, completeness or accuracy of that data or information).
    2. The Website may contain links to websites and microsites operated by third parties that are not under Merlin’s control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this website or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. 
    3. Merlin reserves the right to suspend access to the Website, edit and/or remove any information or content from the Website at any time and without notice.
    4. We will not be liable for any economic loss or damage (including loss of profit, revenue, business, contract, goodwill, or other financial loss) or any special, indirect or consequential loss or damage however caused arising out of or in connection with the Website. We do not exclude or restrict our liability for death or personal injury resulting from our negligence or that of our agents, or for fraudulent misrepresentation made by us to you, in relation to the Website. In addition, nothing in these terms shall exclude, restrict or limit any other liability that may not be limited or excluded by law.
  5. DATA PROTECTION
    1. In the course of your use of the Website, you may provide or we may collect certain personal data (“Personal Data”). We will only use such Personal Data in accordance with our Privacy Notice and Cookie Policy which are incorporated herein by reference for all purposes. You acknowledge and agree that you are responsible for the accuracy and content of Personal Data.
  6. INDEMNITY 
    1. You will defend, indemnify and hold harmless Merlin (and any member of Merlin’s directors, members of staff, sub-contractors, licensors, and suppliers) against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with any breach or alleged breach of these Terms and/or relating to your use of the Website. 
  7. GENERAL PROVISIONS 
    1. Waiver: No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    2. Rights and remedies: Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
    3. Severance: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. 
    4. Governing law and jurisdiction: These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

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