Our Site is operated by Matthew Lay t/a Sore Thumb Media or Muzik Blox ("we" or "us"). Our main trading address is Manor Farm (The Studio Lodge), Main Street, West Hagbourne, Didcot OX11 0ND.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We may update our Site from time to time, and may change the content or functionality at any time. Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
If you are a User/listener and want to use all the features of our Site that we make available to User/listeners, you must register with us to create a Sore Thumb Media account ("STM Account") or a Muzik Blox Account ("MB Account") (each an "Account").
If you are an Artist, you may only create an STM Account if you have been invited to do so by us, or if we have agreed that you may do so. If you apply for an Artist STM Account but are not approved by us, you will automatically be assigned a User/listener STM Account. In those circumstances, you may not reapply for an Artist STM Account until at least two months after your most recent application for an Artist STM Account.
You may only create a "creator" account for our Muzik Blox platform if you have been invited to do so by us.
After you create an Account, you may also connect your Account with certain other of your other social networking accounts. We may extract from any of those connected accounts information that your privacy settings on the relevant account permit us to access.
Any comments or other content you post on, upload or submit to, or make available via our Site ("User Content"), together with your username and any photograph associated with your Account, may be visible to other Users/listeners, Artists and/or Account holders.
If you are an Artist under the age of 18, you must obtain the consent of your parent or legal guardian before accessing and using our Site.
You may use our Site only for lawful purposes. You may not use our Site:
You also agree not to:
Reproduce, duplicate, copy or re-sell any part of our Site in contravention of these terms or
Access without authority, interfere with, damage or disrupt.
Any part of our Site.
Any equipment or network on which our Site is stored.
Any equipment or network or software owned or used by any third party.
Whenever you submit content to the "Discover" section of our Sore Thumb Media platform, you warrant (as at the date of submission and on an on-going basis from then onwards) that you are not (in relation to such content), and such content itself is not, registered with any collection society (or similar organisation), including but not limited to PRS for Music and PPL.
Whenever you make use of a feature that allows you to upload or post User Content to, or make User Content available on, our Site, or to make contact with other Artists or User/listeners, you must ensure that User Content you upload or post:
You warrant and confirm that all of your User Content does comply with the standards set out in section 5.3 of these terms, and you will be liable to us and indemnify (reimburse) us for any breach of those standards. If you are a User/listener, this means you will be responsible for any loss or damage we suffer as a result of your breach of those standards.
We may disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
Whilst these terms prohibit the use of obscene content on our Site, we cannot guarantee that you will not encounter explicit language. We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other Artist or User/listener.
The views expressed by other Artists or User/listeners do not necessarily represent our views or values.
You are solely responsible for securing and backing up your content.
Any User Content you upload to, or make available on, our Site will be considered non-confidential and non-proprietary. Subject to section 6.2 of these terms, you retain all of your ownership rights in such content, but you are required to grant us a limited, transferable, sub-licensable, worldwide and royalty-free licence to use, store, copy, modify, create derivative works based upon, distribute, publish, publicly display, publicly perform and distribute that content and make it available to third parties in connection with us operating and providing the Site and any other content to you, other Account holders, Artists and User/listeners.
If you are an Artist and we agree to create a music video for any of your tracks, or you agree to give us exclusive rights in relation to any of your tracks, or you create a remix as part of a remix competition that we run, or you create a sample pack for us, we will require you to enter into a separate agreement in relation to that particular track, video, remix or sample pack (as applicable). The terms of any such separate agreement will prevail (take priority) over these terms to the extent there is any difference between them. Any remix competition is also subject to the rules that are set out at Schedule 1 to these terms, which are hereby incorporated (where applicable) into these terms and any standalone agreement referenced in this section.
With the exception of User Content (which is dealt with in section 6.1 of these terms), we are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (where applicable).
Whether you are an Artist or a User/listener, you are solely responsible for all User Content you upload or post to, or make available on, our Site. You confirm that: (i) you own all such content or have all necessary rights in or to such content, including any appropriate licences from other artists or rights management organisations; and (ii) you have paid all necessary royalties or fees for the rights to use such content. You also confirm that neither your User Content, nor your use and provision of such content, nor any use of your User Content by us will infringe or violate a third party’s rights, including (without limitation) intellectual property rights, or result in the violation of any applicable law or regulation.
Subject to your compliance with these terms and any other document referred to in them, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable right to access and use our Site for your personal and non-commercial purposes.
You will indemnify (reimburse) us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
Although we are under no obligation to, and do not, monitor or moderate access to or use of our Site, or review or edit any User Content, we may do so for the purpose of operating our Site, to ensure compliance with these terms, and to comply with applicable law or other legal requirements.
We may investigate violations of these terms or conduct that affects our Site. We may also consult and cooperate with, and/or disclose information (including, without limitation, personal data) to, law enforcement authorities to prosecute User/listeners or Artists who violate the law or infringe the rights (including, without limitation, intellectual property rights) of any third party.
We may remove or disable access to any content on our Site at any time and without notice, including, but not limited to, if we consider it to be objectionable or in violation of these terms (including content that allegedly or in fact infringes the rights of any third party, including, without limitation, any intellectual property rights).
We may remove any content if, in our opinion, such content does not comply with the content standards set out in section 5.3 of these terms.
If you are a User/listener then our site is made available free of charge.
If you are a User/listener and wish to make a donation to an artist, you may do so by following the instructions provided on our Site and paying by any means of payment that we may use (from time to time) to collect and process payments. You agree that we or any relevant payment service provider may charge your account, or otherwise take payment for, any such donation. You must be at least 18 years of age and capable of forming a binding contract in order to make a donation.
If you register, and are approved by us, to use our Site as an Artist, you will automatically be put onto a 30 day free subscription package (to reflect the subscription package you choose). We will remind you shortly before the end of the 30 day trial period that your trial period is coming to an end. At any time before the end of the 30 day trial period, you may choose to upgrade to a paid subscription, the details of which are available on your profile on our Site. If you do not upgrade to a paid subscription, your free trial period and subscription will end at the end of the 30 day period. You will, however, continue to be able to access our Site and will be placed on a free "Test the Waters" subscription package (which is described in more detail on our Site).
If you are an Artist, subject to the other provisions set out in these terms, we will use reasonable endeavours to provide you with access to all the features of our Site (subject to any applicable limitations) that are included within the subscription package you have selected for the duration of your subscription period. We do not guarantee that any subscription package, or any other services we may provide, will ensure that any track or video is played, viewed or listened to by any particular number of people or any particular number of times.
Each Artist shall, on or before signing up for a paid subscription package, provide to us valid, up-to-date and complete credit card details or approved payment information acceptable to us and any other relevant valid, up-to-date and complete contact and billing details, and hereby authorises us to bill such credit card or charge the relevant account for the relevant subscription fees in advance each month.
Any information you give us must be accurate, complete and up-to-date and you must update such information if necessary to ensure that it is accurate, complete and up-to-date. If we find that any information is not accurate, complete or up-to-date, we may suspend or terminate your Account.
From time to time, we may ask you to provide feedback on our Site and/or services. Where you agree, we may publish that feedback on a testimonial section of our Site, which will be available and visible to other Artists, User/listeners and anyone else that may visit our Site.
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected] or [email protected] You are responsible for all activities that occur under your Account, even if you do not know about those activities.
We may terminate the Account of any Artist or User/listener that allegedly or in fact infringes the rights (including, without limitation, intellectual property rights) of any third party.
We may terminate your access to and use of our Site, at our sole discretion, at any time and without notice to you.
You may suspend or cancel your Account at any time by clicking on the "deactivate" (to suspend) or "delete" (to cancel) button in your Account. Where you suspend an Account that includes a paid subscription, you will be charged until the end of the current monthly billing period and will only begin paying for the relevant subscription again once you reactivate your Account. Where you cancel an Account that includes a paid subscription, you will be charged until the end of the current monthly billing period, at which point we will cease taking subscription payments from you. Where you suspend or cancel an Account that includes a paid subscription, and subsequently reactivate that subscription, or register for a new Account with a paid subscription, you acknowledge and agree that the fees associated with that subscription may be different (and may be higher) than the fees you previously paid.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any Artist or User/listener 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:
If you are an Artist or other business user, please note that in particular, we will not be liable for:
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 our Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content or availability (or otherwise) of websites linked on our Site. 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, or inability to use, them.
We do not guarantee that our Site 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 our Site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing or sending viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 may 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 our Site will cease immediately.
You may link to our home page or gated pages on our Site, 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, nor may you create a link to any part of our Site other than the home page or gated pages on our Site.
We reserve the right to withdraw linking permission without notice.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
"SORE THUMB MEDIA" is a UK registered trade mark (registration number UK00003121015).
Thank you for visiting our Site.