TERMS AND CONDITIONS

Agreement between you and Sound with Mike

These general Terms and Conditions ("Terms") are an agreement ("Agreement") between you and Sound with Mike and cover your use of the information, products and services made available through SoundWithMike.com (the"Website"). This Website offers visitors online advice and support to creatives in the music industry. By using the Website, you agree to be bound by these Terms, as well as the Privacy Policy.

 

This Agreement governs any use of the Website as a guest or a fee paying service user. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

The Website is offered to you conditional upon your acceptance of these Terms and any notices contained in these Terms and the Website itself. Please read these Terms carefully before you start using the Website. By using the Website, you agree to these Terms and notices. You must be the legal age of majority in your country of residence in order to use the Website. In no event is use of the Website permitted by those under the age of 16.

'Coffee' with Mike

'Coffee' with Mike appointments are a one-off, free, 20-minute appointment, only, which will be carried out over the phone, via Skype or Facetime. Should an appointment be missed or cancelled within 24 hours prior, there will be one further attempt to re-schedule this appointment. Multiple re-bookings/cancellations will not be permitted. Sound with Mike reserves the right to cancel any appointments without notice. 

'Lunch' with Mike

 

'Lunch' with Mike appointments are 60-minute appointments which will be carried out over the phone, via Skype or Facetime. From time to time, face to face/in-person appointments may be possible, but there is no guarantee of this at the point of booking. 100% of payment will be taken at the point of booking. This is non-refundable. Clients booking a 'Lunch' appointment are permitted one opportunity to reschedule their booking if a cancelation must be made, providing a minimum of 24 hours notice is given in writing, via email to mike(at)soundwithmike(dot)com.

Commercial terms

When purchasing products or services from Sound with Mike, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using products and services are listed on the Website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. 

Sound with Mike is not a law firm

Amongst its services, Sound with Mike provides a platform for legal information and self-help relating to the music industry. The information provided by Sound with Mike along with the content on the Website related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice from qualified lawyers. It therefore cannot be guaranteed that Legal Information is correct, nor suitable for every situation or individual who engages with this content or such services in which Legal Information may be discussed.

The content available on the Website are guidelines for use by you as a starting point for the preparation of developing a legal understanding of the music industry, only. Therefore, if you need qualified legal advice for your specific problem, or if your specific problem is too complex to be addressed by Sound with Mike, please consult a suitably qualified music industry lawyer either independently, or by requesting the introduction to one via email to Sound with Mike (mike(at)soundwithmike(dot)com). Neither Sound with Mike, nor any Legal Information provided by Sound with Mike is a substitute for legal advice from a suitably qualified lawyer. As Sound with Mike is not a law firm, please note that any communications between you and Sound with Mike/Mike Burgess may not be protected as confidential information under legal professional privilege.

Confidentiality

 

Sound with Mike takes confidentiality very seriously and will at all times, unless asked to do so by law enforcement (where this is legal jurisdiction for this request), protect the names of all clients who have engaged with the service. Occasionally, Sound with Mike may contact clients to ask for a testimonial, however, this will never feature your name (be it government, or artistic alias), but may feature an bonafide, named third party that you work with or are associated with (such as a record label, music publisher, agent, manager, etc) instead.

Intellectual property rights

For the purposes of these Terms, "Intellectual Property Rights" means any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyright, software rights, database rights, rights in and to business names, product names and logos, processes, trade secrets, confidential information and and any similar right in any jurisdiction.

Sound with Mike shall retain and be assigned all rights, title, interest and Intellectual Property Rights in relation to all content found on the Website (the "Content").

Except as otherwise provided in these Terms, you must not:

  • reproduce, modify, translate or create derivative works of any Content;

  • sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any Content; or

  • circumvent or disable any security or technical features of the Content.

All Content is Copyright © Mike Burgess T/A Sound with Mike and/or its suppliers, affiliates and partners. All rights reserved.

No unlawful or prohibited use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You will not use the Website in any manner which could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You will not obtain nor attempt to obtain any materials or information through any means not intentionally provided for on the Website.

The Content is protected by copyright and all other applicable Intellectual Property Rights set out above. Content is for your personal use only and not for resale. Your use of the Website does not entitle you to resell any Content from the Website. For the avoidance of doubt, your use of the Website constitutes your acceptance of these Terms and your promise that you will not resell or otherwise attempt to commercially benefit from the Content without our written express consent.

Our status (and those of any identified contributors) as the authors of material on the Website must always be acknowledged and you must not use the material in a derogatory manner. If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Indemnity

You agree to indemnify and hold Sound with Mike harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Website or any of the services offered on the Website.

Liability disclaimer

The information, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information on the Website. Sound with Mike and/or its suppliers may make improvements and/or changes to the Website at any time. Information and opinions received via the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate qualified professional for specific advice tailored to your situation.

Although Sound with Mike will use its reasonable efforts to keep the Website available and the information on the Website reasonably accurate, Sound with Mike and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services and related graphics contained on the Website for any purpose. All such information, products, services and related graphics are provided "as is" without warranty or condition of any kind. Sound with Mike and/or its suppliers disclaim all warranties and conditions with regard to this information, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

 

You use the Website at your own risk. Neither Sound with Mike nor any respective agents, employees and subcontractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the Website (whether under these Terms or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Sound with Mike, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Sound with Mike assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Waiver

Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

Applicable law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.

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