Mick McCluskey Pages Terms

TERMS AND CONDITIONS OF USE

Welcome to Musical1.com (the "Platform"). Established in 2004, Musical1.com operates as an independent musician community and digital marketplace. These Terms and Conditions ("Terms") govern your use of our website, services, and applications. By registering an account, browsing the site, or using any of our services, you agree to be bound by these Terms. If you do not agree, please do not create an account or use the Platform.

1. Account Registration and Security

  • Eligibility: You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and buy or sell content.
  • Account Accuracy: You agree to provide accurate, current, and complete information during registration and to keep this information updated.
  • Security: You are entirely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use.

2. The Role of Musical1.com

  • Service Provider Status: Musical1.com operates strictly as a technical service provider, hosting platform, and community network. We provide the digital infrastructure that allows independent musical artists and small record labels ("Artists") to create profiles, stream, promote, and sell audio and video content ("Works") directly to users ("Buyers").
  • No Commission & Peer-to-Peer Contract: Musical1.com operates a 0% commission model, meaning 100% of digital download sale proceeds go directly to the Artists. Musical1 is not a broker, agent, employer, or party to any commercial transaction. The contract for any sale of Works is formed exclusively and directly between the Buyer and the Artist.

3. Sales Conditions and Direct Payments

Artists and small record labels who choose to sell their Works from their own profile agree to the following terms:

  • Direct Transactions via PayPal: All financial transactions for the purchase of audio and video content are processed directly from the Buyer to the Artist via PayPal. Musical1.com does not handle, receive, process, intercept, or hold any funds related to these commercial sales.
  • Third-Party Payment Terms: Both Buyers and Artists must comply with PayPal’s respective User Agreements and Terms of Service. Musical1 is not responsible for any issues, holds, disputes, or limitations placed on transactions by PayPal.
  • Ownership and Rights: You warrant that you own or possess all necessary intellectual property rights, master rights, publishing rights, licenses, and permissions for any audio or video content you stream, post, or sell. You agree not to infringe upon the copyrights of any third party.
  • Independent Storefronts: Your profile and store operate as an independent commercial entity. You are solely responsible for setting prices, describing your audio/video content accurately, and managing your digital delivery.
  • Taxes and Compliance: Artists are solely responsible for calculating, reporting, and remitting any applicable local or national taxes (such as UK VAT or income tax) associated with their direct sales revenue.

4. Limitation of Liability and Sales Issues

  • No Responsibility for Commercial Transactions: Because transactions occur directly between the Buyer and the Artist with zero platform financial involvement, Musical1.com cannot be held responsible or liable for any sales-related disputes, quality issues, digital download errors, file descriptions, delivery failures, or financial disagreements arising between users.
  • Scope of Platform Liability: Musical1’s liability is strictly limited to platform technical functionality (e.g., website uptime, profile management tools, or technical availability of the site infrastructure).
  • Technical Issue Reporting: If a user experiences a technical website bug, server system error, or platform infrastructure failure, the issue must be reported directly to Musical1 Admin via our official support channels. We will make reasonable efforts to investigate and resolve verified technical issues promptly.
  • As-Is Basis: The service is provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied.

5. Refunds and Disputes

  • Direct Artist Contact: Because Musical1.com is not a party to the sale and takes no commission, any inquiries regarding refunds, broken download links, file quality, or transaction cancellations must be directed to the Artist/Seller directly.
  • Resolution: Buyers must use the contact mechanisms provided on the Artist’s or Label's profile page to resolve refund requests. If a resolution cannot be reached directly, users may utilize PayPal's dispute resolution processes, subject to PayPal’s terms. Musical1 Admin will not mediate, process, or issue refunds for artist sales.

6. Prohibited Conduct

Users and Artists agree not to:

  • Upload, stream, sell, or distribute any material that is defamatory, obscene, unlawful, or infringing.
  • Use automated systems (bots, spiders, scrapers) to harvest data or rip audio/video content from the site.
  • Attempt to disrupt the platform infrastructure or manipulate store features fraudulently.

7. Intellectual Property

  • Platform Content: All design, text, graphics, logos, and software code on Musical1.com are the property of Musical1 or its licensors and are protected by applicable UK and international intellectual property laws.
  • User Content: Artists and labels retain full ownership of the copyright to their audio and video Works. By uploading content to the Platform, you grant Musical1 a worldwide, non-exclusive, royalty-free license to host, display, and stream the content solely for the purpose of operating, streaming, and promoting the Platform.

8. Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms, infringes on third-party copyrights, harms other users, or disrupts the operation of the Platform.

9. Governing Law and Jurisdiction

  • Scots Law: These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of Scotland.
  • Scottish Courts: You agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms