WoMAPP Ltd Website Terms and Conditions
Welcome to www.womapp.com. Any access to or use of this Website is
governed by the terms and conditions of use set out below (“Terms and Conditions”), our Privacy Policy and Rules. Access to or
use of this Website implies your agreement and acceptance of these Terms and
Conditions, our Privacy Policy and Rules. If you do not accept these Terms and
Conditions, our Privacy Policy and/or Rules, please do not proceed any further and leave this Website immediately.
This Website is operated by WoMAPP
Ltd (Company Registration Number: 06694780) whose registered office is
at 5 Dorset Road, Windsor, Berkshire, SL4 3BA. WoMAPP Ltd can be contacted at info@womapp.com.
1.
Definitions
1.1.
“Account” means the account
created on registration of this Website by the User.
1.2.
“Artist”
means an artist available to perform and/or performing at the Venue.
1.3.
“The Company”,
“we”, “our”, “ours” or “its” mean WoMAPP Ltd.
1.4.
“Content”
means all text, scripts, information, documents, graphics, digital files,
photographs, mobile content, sounds, music, audios, or audio-visual files,
videos, and interactive features contained on this Website.
1.5.
“Event”
means the event organised by the Event Brand and hosted at the Venue as displayed
on this Website.
1.6.
“Event Brand”
means the organiser hosting the Event.
1.7.
“Intellectual Property Rights” or “IPRs”
mean any copyright or rights of a similar nature, unregistered and registered
trade marks, service marks, unregistered designs and registered designs
(including the right to register any such rights).
1.8.
“Materials”
mean any and all information, videos, photographs, text, comments, Content or other
materials Uploaded to this Website by the Venues, Event Brands, Sub-promoters
and/or Artists.
1.9.
“Media”
means any and all multi media channels,
videos, photographs, animations, sound and music contained on this Website.
1.10.
“Member”, “you”, “your” mean the User that has registered his or her details on this
Website in accordance with Clause 2 below in order to access and/or purchase
Tickets on this Website. The Member may also represent a local organisation or
community, in which case the Member takes full responsibility for that
representation.
1.11.
“Membership”
means when the Member, Sub-promoter and/or Artist gain membership on
registration with full access to and use of this Website.
1.12.
“Parties”
means collectively, the Company, Users, Members, Venues, Event Brands,
Sub-promoters and Artists.
1.13.
“Privacy Policy” means the privacy policy with URL http://womapp.com/textpage.aspx?type=1.
1.14.
“Rules” mean
the rules which the Users, Members, Venues, Event Brands, Sub-promoters, and
Artists must adhere to when accessing and/or using this Website respectively. Read the rules here: [Rules URL Link].
1.15.
“Services” means the service of promoting Events
and/or facilitating the selling of Tickets on this Website.
1.16.
“Subscription” means when
the Venue or Event Brand gains subscription to this Website on payment of a
Subscription Fee.
1.17.
“Sub-promoter”
means the promoter that is able to supply Members with tickets on this Website
in relation to an Event in accordance with the Terms and Conditions of this
Website.
1.18.
“Subscription Fee” means the annual sum to be paid by the Venue or the Event Brand.
1.19.
“Tickets”
means the purchase of the tickets available on this Website which will be
delivered to the Member by the Sub-promoter and/or Artist as the case may be.
1.20.
“Upload”
means uploading of Materials by the Venues or Event Brands onto this Website.
1.21.
“User” means
the user accessing this Website via a computer or mobile device. The User’s
access to this Website will be limited to viewing Content only. In order to Upload
Materials onto this Website, the User will first have to register as a Venue or
an Event Brand and create an Account. When registering, the User must provide
accurate and complete information.
1.22.
“Venue”
means the venue available to host an Event.
1.23.
“Website”
means the website with URL www.womapp.com.
2. Registration
2.1.
This Website is
divided into two sections: The free section and the members section. The User
may access the free section of this Website without any registration or
Membership. The Members, Sub-promoters and/or Artists have to register to gain
access to the member’s section of this Website and Membership.
2.2.
The Venue and/or Event Brand will have to register and pay a Subscription Fee in
order to gain access to the member’s section and Subscription of this Website.
2.3.
The Company
reserves the right to amend or revise these Terms and Conditions, the Privacy
Policy and/or Rules at any time at the Company’s sole discretion. Any changes
to any of these said documents will come into effect at the time they are
posted on this Website. The last amendment date will be displayed at the end of
the Terms and Conditions, Privacy Policy and/or Rules. Access to and/or use of
this Website after the Terms and Conditions, Privacy Policy and/or Rules have
been updated, constitute their acceptance as updated.
3. Acceptance
of these Terms and Conditions
3.1.
These Terms and
Conditions are the legally binding terms and conditions on the User, Member,
Venue, Event Brand, Sub-promoter and Artist in order to access, purchase
Tickets and/or use the Services respectively on this Website. The User, Member,
Venue, Event Brand, Sub-promoter or Artist accessing, purchasing Tickets and/or
using the Services on this Website will be bound by the following:
3.1.1.
The Terms and
Conditions found at www.womapp.com.
3.1.2.
The Privacy
Policy found at http://womapp.com/textpage.aspx?type=1 and incorporated into these Terms and Conditions by
reference;
3.1.3.
The Rules found at [Rules
URL Link] which are also incorporated into these Terms and
Conditions by reference.
3.1.4.
The Member, Venue,
Event Brand, Sub-promoter and Artist will be required to accept these Terms and
Conditions before the registration process is completed; thereby forming a
valid contract with WoMAPP Ltd.
3.1.5.
Users must at all
times be honest about their age when registering to become a Member, Venue,
Event Brand, Sub-promoter or Artist. If false information
is given to the Company on registration in order to become a Member, Venue,
Event Brand, Sub-promoter or Artist, that Member, Venue, Event Brand,
Sub-promoter or Artist will be barred for life from registering on this Website.
3.1.6.
Only the User,
Member, Venue, Event Brand, Sub-promoter or Artist that are permitted under the
laws of the jurisdiction in which they access, purchase Tickets and/or or use the Services on this Website shall be
permitted to accept these Terms & Conditions and continue using this
Website.
3.1.7.
It is the
Member’s, Venue’s, Event Brand’s, Sub-promoter’s or Artist’s responsibility to
ensure that a valid e-mail address is supplied to WoMAPP when registering. For
the avoidance of doubt, there are no restrictions on e-mail addresses accepted
by WoMAPP when registering.
4. Membership
Accounts – Members
4.1.
Once the Member gains Membership of this Website, in
order to gain full access to or use of this Website to purchase Tickets, the Member
will be able to choose a password that the Member will need to enter on this
Website along with the Member’s username. It is important that the Member keeps
the password secure and confidential. The
Company will
restrict the use of vulgar, inappropriate and offensive user names.
4.2.
In the event that
the Member becomes aware of any unauthorised access to the Member’s Account,
the Member must
notify the Company immediately by sending an e-mail
to: notme@womapp.com.
4.3.
The Member will be solely
accountable to the Company for all activities
taking place in connection with the Member’s Account.
4.4.
The Member will not be entitled to use another Member’s
Account without permission.
4.5.
In the event that
the Member breaches any of these Terms and Conditions, the terms of the Privacy
Policy and/or the Rules, Membership of this Website will be revoked
immediately.
4.6.
The Company will
not be liable to the Member for any losses incurred by the Member as a result
of unauthorised use of the Member’s Account. The Member may be liable to the
Company for any losses incurred by the Company due to such unauthorised use by
the Member.
4.7.
All purchases of Tickets
made by a Member via this Website are subject to these Terms and Conditions. This
Website is for use by Members, who wish to use the Website and/or purchase Tickets
as provided on this Website from time to time. If the use of this Website is as
a result of an agreement between a third party and the Company, then to the
extent that these Terms and Conditions conflict with the terms and conditions
of such an agreement, the Terms and Conditions of this Website shall prevail.
If the Member does not agree with the applicable Terms and Conditions then the Member
is not authorised to use this Website
Acceptance
4.8.
This Website
constitutes an invitation to treat. By using this Website, the Member accepts
these Terms and Conditions, as well as the terms of the Company’s Privacy Policy] and/or Rules. Placing an order for Tickets and continuing through
to our shopping basket is deemed an offer to purchase the Tickets from the
Sub-promoter and/or Artist via this Website. Acceptance by the Company and the
Sub-promoter and/or Artist takes place when the Company sends you the
confirmatory e-mail of your purchase on behalf of the Event Brand or Venue in accordance
with Clause 5.2, at which time a binding contract will be made with you the Sub-promoter
and/or Artist (save in respect of delivery of the Tickets) and the Company.
4.9.
The Sub-promoter and/or
Artist reserve the right to refuse any offer to purchase Tickets by a
Member.
4.10.
All prices are
displayed in GBP and include any delivery in connection with the Tickets.
4.11.
The Member must
be over the age of 14 and the Member affirms that the Member is over 14 years
of age (or the legal age to accept these Terms and Conditions in the
jurisdiction in which the Member accesses the Website to purchase
Tickets).
4.12.
Any Member under
the age of 18 (or the legal age to accept these terms and conditions in the
jurisdiction from which the Member accesses the Website to purchase Tickets)
that wishes to purchase Tickets from this Website must have permission from a parent or legal guardian to be
able to fully and competently enter into the conditions, obligations,
affirmations and warranties set out in these Terms and Conditions. For the
avoidance of doubt, Members under the age of 18 are not permitted to purchase
Tickets for over-18 Events. All tickets are purchased on a “Right Of Admission
Reserved” basis and no refunds will be granted in the event that the Member is
refused entry to an Event.
4.13.
Members over the
age of 19 are not permitted to purchase Tickets for under-18 Events. All
tickets are purchased on a “Right Of Admission Reserved” basis and no refunds
will be granted in the event that the Member is refused entry to an Event.
5. Delivery
5.1.
Tickets are
issued to Members from the Event Brand or Venue via a Sub-promoter and/or
Artist.
5.2.
At the time of
purchase of your Tickets, you will be given an opportunity to confirm your
method of delivery. All deliveries will go directly from the Sub-promoter
and/or Artist to you.
5.3.
Once the Tickets
has been dispatched by the Sub-promoter and/or Artist , the Sub-promoter and/or Artist will send a confirmatory e-mail to you informing you that your Tickets have been
dispatched. .
5.4.
The Sub-promoter
and/or Artist will make every effort to dispatch the Tickets within two working
days of receipt of your order. In the event of a later dispatch, the Member
will be informed as soon as
practicable.
5.5.
If on receipt of
the Tickets you are dissatisfied, you are entitled to exercise your statutory
rights in accordance with Clause 22.5 below.
6. Membership
Accounts – Venues and Event Brands
6.1.
When the Venue
and/or Event Brand registers on this Website, the Venue or Event Brand will be
required to enter a number of details, including, but not limited to: First name,
last name, e-mail address, username/brand name, password, address, contact
telephone number, payment details and information relating to the
classification of the Venue or Event Brand (For example: Music genre). The
Venue or Event Brand will then be taken to the payment gateway to enter payment
details. Once registration has been successfully completed, a welcome e-mail will
be sent to enable access to the member’s area of this Website. Once the Subscription
process is completed, the Venue or Event Brand will be provided with a username
to enter the members section of this Website.
6.2.
Once the Venue or Event Brand gains Subscription to this Website, in order to gain
full access or use of this Website, the Venue or Event Brand will be able to
choose a password that the Venue or Event Brand will need to enter on this
Website along with the Venue’s or Event Brand’s username. It is important that the
Venue or Event Brand keeps the password secure and confidential. The Company will restrict the use of vulgar, inappropriate and
offensive user names in the event such user names are brought to the Company’s
attention.
6.3.
In the event that
the Venue or Event Brand becomes aware of any unauthorised access to the Venue’s
or Event Brand’s Account, the Venue or Event Brand must notify the Company immediately by sending an e-mail to: notme@womapp.com.
6.4.
The Venue or
Event Brand
will be solely accountable to the Company for all activities
taking place in connection with the Venue’s or Event Brand’s Account.
6.5.
The Venue or Event Brand will not be entitled to use
another Venue’s or Event Brand’s Account without permission.
6.6.
In the event that
the Venue or Event Brand breaches any of these Terms and Conditions, the terms
of the Privacy Policy and/or the Rules, Subscription to this Website will be
revoked immediately.
6.7.
The Company will
not be liable to the Venue or Event Brand for any losses incurred by the Venue
or Event Brand as a result of unauthorised use of the Venue’s or Event Brand’s Account.
The Venue or Event Brand may be liable to the Company for any losses incurred
by the Company due to such unauthorised use by the Venue or Event Brand.
6.8.
For the avoidance
of doubt, in the event that the Venue or Event Brand lists on the Website more
Tickets for an Event than are available:
6.8.1.
WoMAPP will not be
liable to any Member that is refused entry to the Event in question; and
6.8.2.
Whether such
listing is deliberate or accidental, the Venue or Event Brand’s Subscription
will be terminated in accordance with Clause 21.3.8.
Acceptance
6.9.
This Website
constitutes an invitation to treat. By using this Website, the Venue and Event
Brand accept these Terms and Conditions, as well as the terms of the Company’s Privacy Policy and/or Rules. Placing an
order for Subscription and continuing through to our shopping basket and paying
the Subscription Fee is deemed an offer to obtain Subscription to this Website.
Acceptance by the Company takes place when the Company sends you the confirmatory
e-mail of your Subscription, at which time a
binding contract will be made with you and the Company.
6.10.
A contract
between the Company and Venue and/or Event Brand is formed at the point when
the Venue or Event Brand pays the Subscription Fee and the payment has cleared
and the Venue or Event Brand’s e-mail address has been validated as part of the
process.
6.11.
The
Company reserves the right to refuse any offer of Subscription to this Website
and to revoke Subscription at any time without giving any reason. For the
avoidance of doubt, in the event a Subscription is revoked without the Company
giving a reason for the revocation, the Company will refund the Subscription
Fee to the Venue or Event Brand.
6.12.
All prices are
displayed in GBP and include any delivery in connection with the Tickets.
6.13.
The Subscription
Fee shall be an annual Subscription (as
provided on this Website from time to time) payable by the Venue and/or Event
Brand.
6.14.
Upon expiry of
the Venue’s or Event Brand’s Subscription, the Venue or Event Brand will be
required to renew the Subscription, and use of the Services will be denied
until the Subscription Fee has been paid. The Venue or Event Brand will be sent
a reminder before the Subscription is due to expire reminding the Venue or
Event Brand of renewal of the Subscription in order to enjoy uninterrupted use
of the Services.
6.15.
The Services are
non-transferable and for use only by the Venue or Event Brand Subscribing to
them. In the event that the Venue or Event Brand shares Subscription details
with a third party, the Company reserves the right to terminate the Subscription.
Restrictions
6.16.
Venues and Event
Brands may contact Sub-promoters or Artists to secure engagements for the
Sub-promoter or Artist to sell Tickets on behalf of the Venue or Event Brand.
6.17.
Venues and Event Brands will provide to the Sub-promoter and/or
Artist any Tickets sold via the Sub-promoter and/or Artist to enable the
Sub-promoter and/or Artist to deliver the Tickets purchased on this Website to
the Member.
6.18.
For each Venue or Event Brand, the Company will add the
Company’s commission of 10% or £1.00 (whichever is greater) to the Ticket price
displayed to Members on the Website. The Company will receive the commission of
10% for Tickets sold via the Website or a commission of £1.00 per Ticket sold,
whichever is greater. The Company will deduct the Company’s commission from
payments for Tickets at the point of sale. The Company will then credit the
Venue or Event Brand with the balance.
6.19.
Once the Venue or Event Brand receives the payment for
the Tickets, less all relevant commission, the Company will pay the
Sub-promoter’s and/or Artist’s commission on behalf of the Venue or Event Brand
as set out in Clause 7.8.
7. Membership
Accounts – Sub-promoters and Artists
7.1.
Once the Sub-promoter and/or Artist gains Membership of
this Website, a profile is generated automatically and in order to gain full
access and/or use of this Website, the Sub-promoter or Artist will be able to
choose a password that the Sub-promoter and/or Artist will need to enter on
this Website along with the Sub-promoter and/or Artist’s username. It is
important that the Sub-promoter and/or Artist keep the password secure and
confidential. The Company will restrict the use of
vulgar, inappropriate and offensive user names.
7.2.
In the event that
the Sub-promoter and/or Artist becomes aware of any unauthorised access to the Sub-promoter
and/or Artist’s Account, the Sub-promoter and/or Artist must notify the Company immediately by sending an e-mail to: notme@womapp.com.
7.3.
The Sub-promoter and/or
Artist will
be solely accountable to the Company for all activities
taking place in connection with the Sub-promoter’s and/or Artist’s Account.
7.4.
The Sub-promoter and/or Artist will not be entitled to
use another Sub-promoter’s or Artist’s Account without permission.
7.5.
In the event that
the Sub-promoter and/or Artist breaches any of these Terms and Conditions, the
terms of the Privacy Policy and/or the Rules, Membership of this Website will
be revoked immediately.
7.6.
The Company will
not be liable to the Sub-promoter and/or Artist for any losses incurred by the Sub-promoter
and/or Artist as a result of unauthorised use of the Sub-promoter or Artist’s
Account. The Sub-promoter or Artist may be liable to the Company for any losses
incurred by the Company due to such unauthorised use by the Sub-promoter or
Artist.
7.7.
The
Sub-promoter or Artist may contact the Venue or Event Brand to secure
engagements to sell Tickets on behalf of the Venue or Event Brand.
7.8.
The
Sub-promoter or Artist will receive commission of 10% on Tickets sold on behalf
of the Venue and/or Event Brand, unless a different rate of commission is
stipulated by the Venue and/or Event Brand.
8. General
Use of the Website – Permissions and Restrictions
8.1.
The Company
grants the User access to and the Member, Venue, Event Brand, Sub-promoter and
Artist permission to use this Website provided that:
8.1.1.
The User, Member,
Venue, Event Brand, Sub-promoter and/or Artist act responsibly in using this
Website and treat other Users, Members, Venues, Event Brands, Sub-promoters and/or
Artists with respect;
8.1.2.
The User, Member,
Venue, Event Brand, Sub-promoter and/or Artist do not alter or modify any part
of this Website, including any related technologies;
8.1.3.
The Venue or
Event Brand does not Upload Materials through any unauthorised means or
technology;
8.1.4.
The User, Member,
Venue, Event Brand, Sub-promoter and/or Artist do not access Content through
any unauthorised means or technology;
8.1.5.
The Venue or
Event Brand does not exploit this Website by Uploading Materials for any
commercial activity, without the prior written authorisation of the Company.
Commercial activity includes, but is not limited to:
8.1.5.1. Sale or access to this Website or its other services on
another website;
8.1.5.2. Sale of advertisements on ANY website targeted to the
Materials Uploaded onto this Website or the Content;
8.1.5.3. Such other activities that the Company may specify
from time to time.
8.2.
The User, Member,
Venue, Event Brand, Sub-promoter and/or Artist must not impersonate another
person’s identity or misrepresent the User, Member, Venue, Event Brand,
Sub-promoter and/or Artist’s own identity or affiliation including using
another’s personal details, password, account name, photo, e-mail or other such
information held as part of the Member,
Venue, Event Brand, Sub-promoter and/or Artist’s profile.
8.3.
For the avoidance
of doubt, commercial activity does not include:
8.3.1.
Uploading an
original video to this Website to promote the Venue’s or Event Brand’s business
or the Venue or Event Brand; or
8.3.2.
Any use that the
Company expressly authorises in writing.
8.4.
The Venue or
Event Brand must not Upload any copyrighted Materials owned by a third party
and all Materials Uploaded by the Venue or Event Brand must be owned by or
licensed to the Event Brand or Venue.
9. Use of
Content on the Site
9.1.
In addition to
the Terms and Conditions of this Website, the following restrictions and
conditions apply directly to the User, Member, Venue, Event Brand, Sub-promoter
and Artist viewing or using Content or the
Venue or Event Brand Uploading Materials onto this Website respectively:
9.1.1.
The Company owns
all Content on this Website including the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like, except
Content arising out of or in connection with Materials Uploaded by Venues or
Event Brands.
9.1.2.
Members, Venues,
Event Brands, Sub-promoters and/or Artists will be prohibited from downloading,
copying, distributing, transmitting, reproducing, broadcasting, displaying,
selling, licensing, or otherwise exploiting Content on this Website whatsoever
without the prior written consent of the Company, except where the Website is
configured to enable a download, whereupon the Member, Venue, Event Brand,
Sub-promoter or Artist may download one copy to a single computer for home-usage.
The Company is not responsible for the websites to which the Company is linked
and does not assume any affiliation with any other websites unless otherwise
stated, save that the Venue and Event Brand will be able to Upload Materials in
accordance with the Terms and conditions of this Website.
9.1.3.
The Venue or
Event Brand will be prohibited from downloading, copying, distributing,
transmitting, reproducing, broadcasting, displaying, selling, licensing, or
otherwise exploiting Materials from this Website Uploaded by other Venues or
Event Brands, except Materials owned by or licensed to such Venue or Event
Brand. In the event that the Company offers software to download, we will not
transfer ownership of the software title to the Venue or Event Brand. Venues or
Event Brands may not decompile the software.
9.1.4.
The Venue or
Event Brand will be prohibited from Uploading any Materials that are not
original and owned or licensed to the Venue or Event Brand for use on this
Website.
10. Ownership
of Intellectual Property Rights
10.1.
This Website and
any and all IPRs are owned by the Company save in respect of any IPRs belonging
to any licensor, advertisers, partners, investors, sponsors of this Website or
any Venue or Event Brand.
11. Use of
Material Uploaded
11.1.
The Venue, Event Brand,
Sub-promoter and/or Artist may Upload Materials onto this Website. Once the Venue,
Event Brand, Sub-promoter and/or Artist Uploads any Materials to this Website, the Venue,
Event Brand, Sub-promoter and/or Artist will retain all ownership in the Intellectual
Property Rights in the Content arising out of or in connection with such
Materials, provided the Venue, Event Brand, Sub-promoter and/or Artist is the
owner of such rights.
11.2.
The Venue, Event Brand, Sub-promoter and/or
Artist acknowledges, represents and warrants that:
11.2.1.
The Venue, Event Brand, Sub-promoter and or
Artist has obtained all necessary licenses, rights, consents, and permissions
which are required under law to enable the
Company and its successors or assigns to display, broadcast, use, reproduce, prepare derivative
works of, perform any and all of the Materials Uploaded by the Venue, Event Brand, Sub-promoter and/or Artist in connection with
this Website, in any Media or disseminate or distribute such Materials Uploaded by the Venue,
Event Brand, Sub-promoter and/or Aritst in connection with this Website;
11.2.2.
The Venue, Event Brand, Sub-promoter and/or
Artist will be solely responsible for the content of Materials Uploaded to this
Website by the Venue, Event Brand, Sub-promoter and/or Artist and for any
consequential losses including any loss of profit or loss of business by the Company that may arise from Uploading such Materials
by the Venue, Event Brand, Sub-promoter and/or Artist. We shall not be liable to the Venue, Event Brand, Sub-promoter
and/or Artist or person claiming through any Venue, Event Brand, Sub-promoter
and/or Artist for any disclosure or exploitation of the Services onto the
Website.
11.3.
For the avoidance
of doubt, WoMAPP may use all Materials Uploaded for marketing purposes in
accordance with Clause 11.5.
Prohibited Material
11.4.
The Venue, Event Brand, Sub-promoter and/or Artist
will not Upload or store on this Website any Materials which may violate any
third party or the Company’s Intellectual Property Rights, which violate the
laws of the United Kingdom or which is lewd, offensive, defamatory, harassing,
derogatory or otherwise objectionable. The Venue, Event Brand, Sub-promoter
and/or Artist will not Upload or store on this Website any Materials which may
violate the laws of the country in which the Venue, Event Brand, Sub-promoter
and/or Artist accesses or Uploads Materials onto this Website.
Licence,
Representation and Warranty
11.5.
By Uploading
Materials to this Website, the Venue, Event Brand, Sub-promoter and/or Artist
hereby grants to the Company an irrevocable, perpetual, non-exclusive,
royalty-free, world-wide, transferable sub-licence and transferable
licence to use, reproduce, distribute, prepare derivative works of, display,
and perform any Services by the Venue, Event Brand, Sub-promoter and/or Artist
in connection with this Website, the
Company
and its successors’ business or assigns, including without limitation, for
promoting and redistributing part or all of this Website (and derivative works
thereof) in any media format and through any Media without any requirement of prior permission from the Venue,
Event Brand, Sub-promoter and/or Artist, with or without being attributed to
the Venue, Event Brand, Sub-promoter and/or Artist. The Venue, Event Brand,
Sub-promoter and/or Artist hereby grants to each User, Member, Venue, Event Brand, Sub-promoter and Artist of this Website a
non-exclusive licence to access the Services through this Website, and to use,
reproduce, distribute, prepare derivative works of, display and perform such
Materials as permitted through the functionality of this Website and under
these Terms and Conditions.
Removal Right
11.6.
All Materials
that are Uploaded by the Venue, Event Brand, Sub-promoter and/or Artist are
subject to approval by the Company. The Venue, Event Brand, Sub-promoter and/or
Artist expressly agrees that the Company may remove, disable or restrict access
to the Services on this Website (including, but not limited to, Materials which
the Venue, Event Brand, Sub-promoter and/or Artist has posted or stored) which the
Company believes, in good faith and in the Company’s discretion, to violate the
Company’s Terms and Conditions. Prohibited Materials includes but is not
limited to Materials which:
11.6.1.
Are patently offensive or promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual.
11.6.2.
Harass or advocate harassment of another individual(s);
11.6.3.
Exploit people in a sexual or violent manner;
11.6.4.
Contain nudity, excessive violence, or offensive
subject matter or contains a link to an adult website;
11.6.5.
Solicit confidential or personal information from
anyone under 18
11.6.6.
Publicly post information that pose or create a privacy or security risk to any person;
11.6.7.
Constitute or promote information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
11.6.8.
Involve the transmission of “junk mail”, “chain
letters”, or unsolicited mass mailing, instant messaging or “spamming” (For the
avoidance of doubt, the Company will not be under any liability to any Party in
the event that any Party receives “junk mail”, “chain letters”, or unsolicited
mass mailing, instant messaging or “spamming”);
11.6.9.
Involve the use of the Company’s domain name as a pseudonymous return email address for any communications which you transmit from another location or
through another person compromises
any right of a third party such as copyright infringement, patent, trademarks,
and other proprietary rights, or
distributing another’s personal information
without their personal permission, or for publicity;
11.6.10.
Contain restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible page);
11.6.11.
Further or promote any criminal activity or enterprise
or provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons, theft, child pornography, sexual assault, violating
someone's privacy, or providing or creating computer viruses;
11.6.12.
Solicit passwords or personal identifying information
for commercial or unlawful purposes from other Members, Venues, Event Brands,
Sub-promoters or Artists; or
11.6.13.
Involve commercial activities and/or sales without
prior written consent from the Company.
12. Termination
Right
12.1.
The licences granted by the Venue, Event
Brand, Sub-promoter or Artist in Clause 11.5 above, will terminate when the Venue,
Event Brand, Sub-promoter or Artist removes or deletes the Materials in
question from this Website. In the event that the Venue, Event Brand,
Sub-promoter or Artist elects to terminate the legal agreement with the Company, the above licences granted by the Venue,
Event Brand, Sub-promoter or Artist in the Materials that are NOT removed or
deleted by the Venue, Event Brand, Sub-promoter or Artist prior to the Venue,
Event Brand, Sub-promoter or Artist closing the Account are perpetual and
irrevocable, but are otherwise without prejudice to the ownership rights of the
Venue, Event Brand, Sub-promoter or Artist.
13. Disclaimer
of Materials
13.1.
The Company does
not endorse the content of any Materials Uploaded onto this Website by the Venue,
Event Brand, Sub-promoter and/or Artist and expressly excludes any and all
liability in connection with the Uploading of such Materials by the Venue,
Event Brand, Sub-promoter and/or Artist.
14. Limitation
of Liability
14.1.
It is the Company’s
policy not to tolerate any acts of intellectual property infringement or
violations of the laws of the United Kingdom or any other applicable laws. The
Company will use all reasonable endeavours to remove, disable, or restrict
access to Services that the Company considers to be subjective and view as infringing.
The provisions of Clause 3 are intended to implement these Terms and Conditions
but do not impose a contractual obligation on the Company to undertake, or
refrain from undertaking, any particular course of conduct.
14.2.
Nothing in these terms and conditions shall
exclude or in any way limit the Company’s liability for fraud, or for death or
personal injury caused directly by its negligence, or any other liability to
the extent such liability may not be excluded or limited as a matter of law.
Subject to this:
14.2.1.
The Company’s maximum aggregate liability
under or in connection with these Terms and Conditions, whether in contract,
tort or otherwise, will in no circumstances exceed the Subscription Fee or costs of
the Tickets purchased by the Member under these Terms and Conditions;
14.2.2.
The Company will not be liable to the User, Member, Venue, Event Brand, Sub-promoter or Artist under these
Terms and Conditions for any loss of actual or anticipated income or profits,
loss of contracts or for any special, indirect or consequential loss or damage
of any kind howsoever arising and whether caused by tort, breach of contract or
otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
15. Policy
15.1.
Under no
circumstances shall the Company, its officers, directors, employees, or agents
be liable to the