Terms and Conditions

On this page you will find the Terms and Conditions of using the Sing Up website and also the Terms and Conditions of Sing Up Membership.

Terms and Conditions of using the Sing Up website
These are the Terms and Conditions on which you may make use of this website. This document, together with any other document referred to below should be read carefully. Please note that by accessing and using this website, you agree to be bound by our Terms and Conditions.

Please also note that we may update this document at any time. You should therefore check this page on a regular basis.

1. Who are we?
2. Access to this site
3. Information posted on this website
4. Sanction
5. Cookies and site data
6. Data Protection
7. Linking to and from this web site
8. Intellectual property
9. Web site security
10. Disclaimer
11. General
12. Contact us

 

1. Who are we?

This website is operated by Sing Up. Sing Up is registered in England as a company limited by guarantee, number 7986973. Our registered office is: Sing Up, The Sage Gateshead, St Mary’s Square, Gateshead Quays, Gateshead, NE8 2JR. 

2. Access to this site

Although we have made and will carry on to make reasonable efforts to prevent this type of problem, please note that this website is provided on an "AS AVAILABLE" basis and it is not technically possible for us to guarantee that this website will be bug-free or error-free. You also understand and accept that this website may be inaccessible on occasions due to essential maintenance or technical difficulties.

Please note that we reserve the right to withdraw or suspend access to this website and to amend any of the services offered by this website at any time and without notice. We will not therefore accept any liability in case of temporary or indefinite unavailability of this website.

3.  Information posted on this website

The information posted on this website or in any communication which we may send to you in accordance with our Privacy Policy is indicative only and is not intended to be representations or advice on which you should solely rely.

Please note that whilst Sing Up has made reasonable efforts to check the accuracy of this website, it is nonetheless provided on as "AS IS" basis. Accordingly, we do not accept any liability for any errors or omissions.

If you are in any doubt as to the accuracy of information made available within these pages, we recommend you seek verification by contacting us.

4. Sanction

If you fail to abide by any of these Terms and Conditions, Sing Up reserves the right to take action against you and to suspend your membership or friend registration on a temporary or permanent basis. Sing Up may use whatever information that is available to it about you to stop any further infringements. This may include disclosing any relevant information to the relevant law enforcement authorities.

5. Cookies and site data

This website uses "cookies" for authenticating, tracking, and maintaining site preferences for site visitors. The information collected in this way is used for analysing the effectiveness of website design and advertising, and in verifying the identity of registered users.

Sing Up’s cookies record information about your browsing, like how long you’ve spent on the site, or which country you are in. They cannot record personal data (like your name or address). If you do not have cookies enabled, certain personalised features cannot then be provided to you, and accordingly you may not be able to take full advantage of all of the website's features. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.

For more information about cookies, you can Contact Us.

6. Data Protection

Sing Up strongly recommends that members and friends should never disclose to other members and friends (unless it is necessary for them to do so) personal information such as their name, address, e-mail address, telephone number or any other personal information that could allow them to be identified outside the site. Any personal information collected through this website will be processed in accordance with our Privacy Policy.

7. Linking to and from this web site

We may authorise you to create a link to this website provided always that it is done fairly and legally. However, we will not accept the following:

  • 'framing' of a part of our web site on any other website
  • any suggestion that Sing Up in some way endorses and/or sponsors your website or your activities or that there is a formal relationship of any kind between you and Sing Up unless this is true.

Please note that we may withdraw any authorisation in relation to linking at any time and without notice.

This website may contain links to websites operated by third parties. Please note that Sing Up has no control over the contents and the Privacy Policy of these websites. We will therefore accept no liability in this respect. Links are provided for convenience and inclusion of any link does not imply endorsement in any way of the site to which it links.

8. Intellectual Property

Unless stated otherwise, Sing Up owns (or is duly licensed to use) the copyright in this website and in any material posted on it (including, but not limited to, the text, trade marks, trade names, logos, graphics, illustrations, designs, software and written or other material). This material is protected by trade mark, copyright and/or other proprietary rights owned by or licensed to Sing Up and all rights are reserved. Except as expressly permitted by these Terms of Use, this website and all or any part of its content shall remain the exclusive property of Sing Up, or its licensors and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form by any person without the prior written consent of Sing Up.

Members and friends may be allowed by Sing Up to download some material from this website but only to the extent that the material is used for private non-commercial purposes and/or to the extent the use is covered by the fair dealing provisions of the relevant UK law.

9. Web site security

You agree that you will not do anything or allow anything to be done to compromise the security of this web site.

10. Disclaimer

Sing Up does not make any representation or warranty of any kind (to the fullest extent permissible by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, capability, security and accuracy.

To the fullest extent permissible by law, Sing Up excludes its liability for any loss of use, loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, loss suffered by third parties and any indirect, special or consequential damages or losses, whether such losses arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to your use, reliance upon or inability to use the website.

11. General

English law shall govern the use of the website and in the event of a dispute you irrevocably submit to the exclusive jurisdiction of the English Courts.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, then to the extent in which that term is illegal, invalid, or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Sing Up Membership Terms & Conditions

 

1. Acceptance of Terms
2. Registration
3. Membership period
4. Early bird membership offer
5. Terms of access
6. Price and Payment
7. Payment processing
8. Sing Up’s proprietary rights
9. Limitation of Liability
10. Events outside of our Control
11. Sing Up Magazine
12. Streams & Downloads
13. Digital Training
14. Training Events
15. Sing Up online shop/store
16. Cancellation/ Termination
17. Queries and complaints
18. Governance & Registered office
19. VAT
20. Tax

 

1. Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SING UP governing your use of this site, www.singup.org, which includes but is not limited to products, software and services offered by way of the website and other membership services. Please review the Terms fully before you continue to purchase Sing Up Membership. By purchasing Sing Up Membership, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the website or service. If you do not agree, please discontinue the process of purchasing Sing Up Membership. Sing Up reserves the right to change the Terms at any time without prior notice. Your continued access or use of the website and service after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. 

2. Registration

In order to utilise certain functionality of the website and membership service, you must complete a registration process. As a registered user of Sing Up, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Sing Up of any unauthorised use of your password or user name or any other breach of security; (b) exit from your account at the end of each session using the ‘log out’ button; and (c) defend, indemnify, and hold harmless Sing Up from any loss or damage arising from unauthorised use of your password or user name.


You may not share your login details with any another party. If you hold individual membership, you agree to not share your Membership details and access with any other parties or organisations. As an Organisation Member, you agree to not share your Membership details and access with other organisations or individuals that do not work for your establishment.


By registering your data, you consent to the collection of your data, including, without limitation, Registration Data, by Sing Up and processing of such data by Sing Up in connection with your use of the service. You consent to the technical processing and transmission involved in your use of the website, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

3. Membership period

Your membership period will be defined by the Membership product you purchase but a full standard Sing Up membership is normally for a period of 12 months unless otherwise stated.


Your Membership begins on the day that we send email notification that your payment has been approved. Sing Up shall be under no obligation to provide the Service until the Membership Fee has been paid.


It is your own responsibility to ensure that the Membership details are passed on to the relevant person at your school to facilitate access to the site.


At the end of your Membership period, you can renew your Membership or if you do not wish to continue, simply allow your Membership to expire.


Sing Up Membership is currently only available to Individuals, Schools and Organisations within the United Kingdom.

4. Membership offers, discounts & incentives

From time to time Sing Up may run discounts, offers and promotions on memberships and other products. Sing Up reserve the right to change, amend or withdraw these offers at any time.

5. Terms of access

 

5a. Terms of access for School/ Organisation (multi-user) Memberships

Upon purchasing a School/Organisation Membership, you (as the person ordering) will automatically be nominated as the ‘Sing Up Champion’. The Sing Up Champion has administrative rights over the account and is responsible for approving additional users so that other school/organisation staff can access the website and resources. You will have the opportunity to assign Sing Up Champion administrator rights to additional users if required.


There are no restrictions on the number of users that can be authorised however only individuals employed by your school are permitted to access Sing Up using your School Membership. It is against the Terms and Conditions of your Membership to allow any individual not actively employed by your school to access Sing Up.


Any suspected abuse of the system (eg. granting access or sharing log-in details with teachers at other schools) will be followed up and Sing Up reserve the right to suspend access to all Membership services until the matter is resolved. In the event that a breach of these Terms and Conditions is confirmed, Sing Up reserve the right to terminate Membership without refund of monies paid.

5a. Terms of access for Individual (single-user) Memberships

Upon purchasing an Individual (single user) Membership, you will by default become the sole administrator for your account which we term the ‘Sing Up Champion’. Individual Memberships are restricted to a single user and it is against the Terms and Conditions of your Membership to allow anyone else access to your account.Any suspected abuse of the system (eg. granting access or sharing log-in details with others) will be followed up and Sing Up reserve the right to suspend access to all Membership services until the matter is resolved. In the event that a breach of these Terms and Conditions is confirmed, Sing Up reserve the right to terminate Membership without refund of monies paid.

6. Price and Payment

The price of Sing Up Membership will be as quoted on our website, except in the case of obvious error. Sing Up reserve the right to change Membership prices at any time, but changes will not affect existing contracts and orders which we have already accepted. Prices displayed will be net of VAT unless otherwise stated. VAT will be added at the standard UK rate.

7. Payment processing

Sing Up do not hold or store any card payment details directly. Online payments are processed through the secure SagePay payment gateway (www.sagepay.com). We also offer customers the option to pay via PayPal (www.paypal.com). 

If you need to contact us in relation to your online payment, please email support@singup.org or call on 0191 443 5290

8. Sing Up’s proprietary rights

Sing Up is the owner or the licensee of all intellectual property rights in the websites and the service (including any content made available through the website and the underlying source code) that is protected by applicable intellectual property and other laws. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Sing Up or advertisers, you agree not to reproduce, duplicate, copy, modify, rent, lease, loan, sell, resell, distribute, exploit or create derivative works based on the service in whole or in part. This includes the sharing of content on Virtual Learning Environments.


Sing Up grants you/your organisation a non-transferable and non-exclusive right and licence to use the websites and the service for its intended purpose, subject to your compliance with these Terms and Conditions. This license does not include the right to collect or use information contained on the websites for purposes prohibited by these Terms and Conditions; to compete with Sing Up; to create derivative works based on the content of the websites; or download or copy the websites (other than page caching).


If you use the website in a manner that exceeds the scope of this license or you breach these Terms and Conditions, Sing Up may revoke the Membership license granted to you and/or may take appropriate legal action against you.

9. Limitation of Liability

Sing Up’s liability for losses you suffer as a result of us breaking the Terms of this agreement including deliberate breaches is strictly limited to the price of the membership you purchased. You expressly acknowledge and agree that Sing Up shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sing Up has been advised of the possibility of such damage) This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

10. Events outside of our Control

Sing Up will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the membership contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action. 
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 
  • Impossibility of the use of public or private telecommunications networks. 
  • The acts, decrees, legislation, regulations or restrictions of any government. 

Sing Up’s performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

11. Sing Up Magazine

As a Sing Up school/organisation member, you will receive a termly (3 issues per year) Sing Up magazine with cover mounted CD. This will be sent to the address we have listed for your appointed ‘Sing Up Champion’. All magazines will be sent by second class post.

As an individual member, the Sing Up magazine does not come with your membership, but you may choose to order an annual membership separately.

12. Streams & Downloads

Sing Up Members will have access to high quality songs and resources via the Sing Up website and the Song Bank. Sing Up reserves the right to make changes to or remove songs and other content without prior notification. Sing Up has no obligation to continue to make available any particular song or resource which has appeared on the website or Song Bank previously.

12.1 Individual Membership

If you have an Individual Sing Up Membership the songs you access via the Sing Up Website are for your sole use. You may not share Sing Up’s song files or sheet music with others as this is against the law and deemed to be ‘file sharing’.  This is because it prevents the copyright holders from being paid when their music or lyrics are used.

Any suspected abuse of the system (eg. sharing song audio files or sheet music with others) will be followed up and Sing Up reserve the right to suspend access to all Membership services until the matter is resolved. In the event that a breach of these Terms and Conditions is confirmed, Sing Up reserve the right to terminate Membership without refund of monies paid and/or to take appropriate legal action against you.

12.2 School/Organisation Membership

If you have a School/Organization (multi-user) Membership, the users you authorise to access the website as part of your Sing Up Membership will automatically become part of your organisation’s Sing Up community and have access to your Sing Up resources.

The number of streams and downloads you have available at any given time are for your organisation/school as a whole and usage by each of your authorised users will reduce the amount you have remaining accordingly. It is your responsibility to inform your authorised users of this and convey any rules/restrictions/fair usage policies as you deem appropriate.
You may not share Sing Up’s song files or sheet music with anyone who does not work within your school or organisation as this is against the law and deemed to be ‘file sharing’.  This is because it prevents the copyright holders from being paid when their music or lyrics are used.

Any suspected abuse of the system (eg. sharing song audio files or sheet music with other schools, organisations or people not working at your school/organisation) will be followed up and Sing Up reserve the right to suspend access to all Membership services until the matter is resolved. In the event that a breach of these Terms and Conditions is confirmed, Sing Up reserve the right to terminate Membership without refund of monies paid and/or to take appropriate legal action against you.

12.3 Purchase of Additional Song Download Credits

Additional song download credits will be available for purchase in order to ‘top up’ your available credits. In relation to School/Organisation (multi-user) Memberships, any downloads or other digital assets purchased by any of your authorised users will subsequently become available to all of the authorised users at your school via the My Sing Up area on the Sing Up website.

12.4 Carrying over Download Credits

In normal circumstances members are allowed to carry over unused download credits from one year's membership to the next provided the membership is renewed prior to the expiry date. However, Sing Up reserves the right to cap the number of unused credits a member can carry over at any time.

If you allow your Membership to expire, you will lose any unused download credits.

On occasion, Sing Up may give lapsed Members the opportunity to regain their unused download credits upon renewal of Membership. This is entirely at the discretion of Sing Up and not an automatic benefit of Membership.

Unused download credits cannot be redeemed in monetary value.

12.5 Streaming Fair Usage Policy

Streaming Sing Up songs is subject to a Fair Usage Policy, as set out below:

School/Organization Memberships are scaled according to school size, based on the number of pupils on the school roll. The price of Membership is based upon an estimated maximum number of streams which a school/organization of that size will need. This maximum number of streams is set to a very high level and ordinarily members will be able to stream songs as much as they want to. If Members vastly exceed this limit Sing Up reserves the right, under the terms of the Fair Usage Policy to take action as follows:

  • Sing Up may contact the School/Organization Member to find out why excessive streaming is occurring and whether a solution can be found. Sometimes a technical error can be identified and resolved, providing a solution to the problem.
  • In extreme cases where a solution cannot be found Sing Up reserves the right to suspend or terminate the Membership account until the matter can be resolved. Resolution may include the School/Organization Member purchasing an additional streaming top-up to cover their usage over and above the limit.

The number of streams for an Individual Member is set to the same upper limit as for a small school. This should be more than enough for an individual user.  Excessive usage will be treated the same was as for School/Organization Members under the terms of the Fair Usage Policy.

12.6 Disputes

In the event of any disputes arising concerning streaming/downloading usage, Sing Up will endeavour to provide analytical information on your usage for purposes of clarification but has no liability to do so and will not be held responsible for any disputes that arise as a result of usage by users you have authorised to access the service.

13. Digital Training

Sing Up Members will have access to attend any Sing Up Webinar and/or view any Sing Up Training Video that is available through our website.

13.1 Webinars

Sing Up reserve the right to make amends to scheduled Sing Up Webinars, including but not limited to the date, timings, content, delivery staff etc. Sing Up also reserves the right to cancel a scheduled Webinar if necessary.

It is your responsibility to ascertain whether a Webinar has been cancelled and to rebook for the rearranged date and time. If a Webinar is cancelled or rescheduled, we will use reasonable endeavours to notify participants in good time but we do not guarantee that participants will be informed before the date of the event.

13.2 Training Videos

Sing Up Members will have access to high quality video content, in the form of training videos, documentaries and how-to guides.


Sing Up endeavours to provide the highest quality content to its Members. Sing Up reserves the right to change, modify, or discontinue any aspect or feature of our video content at any time.

14. Training Events

Training Events may be available over the 2013/2014 academic year, delivered in collaboration with 3rd party training providers. All bookings and communication pertinent to these events will be made through these 3rd party training providers.


Sing Up will not be responsible for any changes to training delivered by 3rd party organisations. 3rd party organisations may reserve the right to make amends to scheduled Training Events, including but not limited to the venue location, timings, content, delivery staff etc. and will make reasonable endeavours to notify participants in good time.


Sing Up may from time to time offer to provide training. This is not included as part of the Sing Up Membership and does not affect any of the Terms and Conditions of Sing Up Membership.

15. Sing Up online shop/store

Sing Up Members will benefit from access to the Sing Up online store in which additional products not included as part of Membership may be purchased. In buying items from the online store you are agreeing to the Terms and Conditions which relate to the online store, which can be found here: singup.fabermusic.com/Compliance.aspx

In the event of an order being supplied incorrectly, or if you receive it damaged, we advise you to contact our Customer Services Team on +44 (0) 1279 828988 or email singupstore@fabermusic.com stating your invoice/order number and date, so that we can authorise its return to us. This does not affect your statutory rights. Goods returned in this way should be clearly marked "Authorised Return". Faber Music will send you either a replacement copy or provide you with a full refund.

Digital products are non refundable as these items are not returnable once a download has been performed.

16. Cancellation/Termination

By You

No refunds will be made on early cancellation of membership.

Your Membership begins on the day that we send email notification that your payment has been approved. You will then immediately become a Sing Up Member and entitled to all the accompanying benefits.  As per the Consumer Protection (Distance Selling) Regulations 2000, you have the right to a 7 day statutory cancellation period from the date that your membership is activated. If you wish to cancel your membership within the 7 day period please contact us at support@singup.org.uk.

By Sing Up

You agree that Sing Up, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the websites or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the service, and may remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Sing Up believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. The responses described in this paragraph are not limited, and Sing Up may take any other action we reasonably deem appropriate in connection with any breach of these Terms and Conditions.

17. Queries and complaints

If you have a general query regarding membership you should use the ‘contact us’ facility on the Sing Up website http://www.singup.org/contact-us/

In the unlikely event that you wish to make a formal written complaint, you can do so by contacting us at our registered office. Our address details are provided below. 

18. Governance & Registered office

Sing Up is registered in England as a company limited by guarantee, number 7986973.

Our registered office is

Sing Up
The Sage Gateshead
St Mary’s Square
Gateshead Quays

Gateshead
NE8 2JR 

19. VAT

Sing Up is registered for VAT.

VAT number 130 8170 45 

20. Law

All of these terms and conditions are governed by English Law and any disputes arising out of any transaction with Sing Up are subject to the exclusive jurisdiction of the English Courts.

These Terms and Conditions were last updated on 18/06/13

© Copyright Sing Up 2014

Youth Music Faber Music Sage Gateshead