The Terms of Use were last updated on 10th August, 2024.
These Terms explain how you may use this website, emilyfable.com, (the Site), which is provided by Emily Fable free of charge.
References in these Terms to the Site includes the following websites and all associated subdomains and web pages: emilyfable.com
You should read these Terms carefully before using the Site.
By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
Definitions
Content: means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Terms: means these terms and conditions of use as updated from time to time;
Intellectual property rights: means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);
Cookie policy: means the policy (https://emilyfable.com/cookie-policy), which governs how we use cookies in the Site;
Privacy policy: means the policy (https://emilyfable.com/privacy-policy), which governs how we process any personal data collected from you;
Site has the meaning given to it in Our Terms;
We, us or our means the Emily Fable office of which is at:
128 City Road, London, United Kingdom, EC1V 2NX
References to us in these Terms also includes any group companies which we may have from time to time.
You or your means the person accessing or using the Site or its Content.
Your use of the Site means that you must also comply (where applicable) with:
our Privacy Policy – https://emilyfable.com/privacy-policy/
our Cookie Policy – https://emilyfable.com/cookie-policy/
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Use of the Site
The Site is for your personal and non-exclusive use only. As long as you comply with these Terms of Use emilyfable.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The Site is primarily to be used for the following: To provide information and news about music and music production.
Use of the Site in any other way, including in contravention of any restriction on use set out in this Policy, is not permitted. If you do not agree with the terms of this Policy, you may not use the Site.
You agree that you are solely responsible for:
(i) all costs and expenses you may incur in relation to your use of the Site; and
(ii) keeping your password and any other account details confidential.
1. Introduction
These Terms and conditions apply to this website, emilyfable.com and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
2. Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms of Use set forth below. The mere use of this website implies the knowledge and acceptance of these Terms of Use. In some cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
5. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
6. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
7.1 Prohibited Use
In addition to the terms set above, you must not:
You may not access or use, or attempt to access or use, the website to take any action that could harm us or a third party. You may not use the website in violation of applicable laws, including export controls and sanctions, or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website, or any content of the website, or make any unauthorized use of the website. Without our prior written consent, you shall not:
(1) access any part of the website, content, data or information you do not have permission or authorization to access or for which we have revoked your access
(2) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the content, data or information from the website, or otherwise use, access, or collect the content, data or information from the website using automated means;
(3) use the content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
(4) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the website in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the website;
(5) cache or archive the content (except for a public search engine’s use of spiders for creating search indices);
(6) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
(7) do anything that could disable, damage or change the functioning or appearance of the website, including the presentation of advertising.
8. Linking and framing
You may create a link to our Site from another website without our prior written consent provided no such link: (i) creates a frame or any other browser or border environment around the content of our Site; (ii) implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site; (iii) displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or (iv) is placed on a website that itself does not meet the acceptable use requirements of this Policy.
We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
We do not need to notify you if any content you have linked to has been updated, moved or deleted.
9. Minimum age
Our services are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the age of 18, you are not permitted to use our services.
10. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
11. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
12. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our products or services will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis;
- the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
13. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Policy and our Cookie Policy.
14. Accessibility
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
15. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of the United Kingdom.
16. Affiliate marketing
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
17. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms of Use, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
18. Breaches of these Terms of Use
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
19. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms of Use if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
20. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms of Use, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
21. Circumstances beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
22. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
23. Language
These Terms of Use will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
24. Entire agreement
These Terms of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Us in relation to your use of this website.
25. Updating of these Terms of Use
We may update these Terms of Use from time to time. The date provided at the beginning of these Terms of Use is the latest revision date. Your continued use of this website will be considered notice of your acceptance to abide by and be bound by these Terms of Use.
26. Choice of Law and Jurisdiction
These Terms of Use shall be governed by the laws of the United Kingdom. Any disputes relating to these Terms of Use shall be subject to the jurisdiction of the courts of the United Kingdom. If any part or provision of these Terms of Use is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms of Use. The other provisions will not be affected.
27. Contact information
This website is owned and operated by Emily Fable.
For questions and/or comments about our Terms of Use and this statement, please contact us by using the following contact details:
Emily Fable
128 City Road, London, United Kingdom, EC1V 2NX
Website: https://emilyfable.com
Email: [email protected]
You may also contact us regarding these Terms of Use through our contact page.