GIGJUNKIE.NET
Website Terms
of Use
Last updated:
1st March 2008
1
INTRODUCTION
1.1
These terms of use (together with any documents referred to below) set out the way
in which you may use the Gig Junkie website at www.gigjunkie.net
and any related domains (the “Site”), whether as a visitor to the Site or
as a registered user. Please read these terms of use carefully before you start
to use the Site. By using the Site, you accept these terms of use and agree to abide
by them. If you do not agree to these terms of use, please refrain from using the
Site.
1.2
We may, at our sole discretion, make changes to these terms of use at any time.
If we do this, we will post the changes on this page. In certain circumstances,
we may send an email to registered users notifying them of the change. You should,
however, check this page from time to time to take notice of any changes.
1.3
If you find any change to these terms of use unacceptable, you should stop using
the Site immediately. If you continue to use the Site following a new set of terms
being posted on the Site, you will be deemed to have accepted such new terms of
use.
2
ACCESSING THE SITE
2.1
Access to the Site is permitted on a temporary basis, and we reserve the right to
withdraw or amend the services we provide on the Site without notice. We will not
be liable if, for any reason, the Site is unavailable at any time or for any period.
2.2
By registering as a user on the Site, you represent and warrant that you are 16
or over and that you have the capacity to understand, agree to and comply with these
terms of use.
2.3
From time to time, we may restrict access to some parts of the Site, or the entire
Site.
2.4
You are responsible for making all arrangements necessary for you to have access
to the Site and any charges associated with such access. We shall not be responsible
for any connection or access to the Site by you, or the quality of the transmission
of any information passing between you and the Site.
2.5
The Site is maintained, controlled and operated by us from the United Kingdom and
we make no representation that any of the content on it is appropriate or available
for use in other territories. If you use the Site from outside the United Kingdom,
you are responsible for compliance with all applicable local laws and regulations.
3
NON-REGISTERED USERS
3.1
As a non-registered user, you will only have access to certain parts of the Site.
You will not have a profile page or the ability to upload material, write reviews
or be entitled to other benefits of a registered user. You must register as a user
if you want to take advantage of these services.
4
REGISTERED USERS
4.1
You must be 16 or over to register for the Site.
4.2
You will be required to provide information about yourself when you register. This
information must be true, accurate and complete for you to become a registered user.
As part of the registration process, you will be asked to select a username and
password. You are solely responsible for all acts or omissions that occur under
your registered account, including the content of any Material (as defined below)
uploaded or submitted on the Site. For this reason, you should make sure that you
keep your password secure.
4.3
We may refuse to grant you a username that impersonates someone else, is or may
be protected by trademark or other intellectual property law, or is vulgar, offensive
or otherwise inappropriate, as determined by us in our sole discretion.
5
UPLOADING MATERIAL TO THE SITE
5.1
As a registered user, we may now or in the future give you the ability to upload
or submit material (including, without limitation, text, photographs, graphics,
video or audio material and any underlying material) (the “Material”) to
the Site. Whenever you make use of a feature that allows you to upload Material
to the Site, or to make contact with other users of the Site, you must comply with
the Content Standards set out at Section 6 below.
5.2
By submitting any Material to any area of the Site and in consideration of us making
available to you the opportunity to upload or submit Material to the Site (which
you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally
grant us a non-exclusive, worldwide, royalty-free licence (including the right to
sub-license) of the entire right, title and interest in and to such Material so
that we and any successor may, subject to these terms of use, use the Material in
any way, including (without limitation) the right to copy, edit, adapt, reformat,
translate, create derivative works from, incorporate into other works, distribute,
perform, play, broadcast, commercialise and otherwise make available to the public
such Material (whether in whole or in part, or copies of the same) in any format
or medium currently known or developed in the future, for the full period during
which such rights subsist (including all renewals, revivals, reversions and extensions
of the same) and thereafter to the fullest extent possible in perpetuity.
5.3
You will remain the owner of the copyright in any original Materials that you submit
or upload. The permission you have granted to us is not exclusive. You may continue
to use the Materials in any way, including allowing others to use it, provided such
use does not interfere with or impair the rights you have granted to us.
5.4
You warrant that:
5.4.1
any Material
you submit or upload to the Site complies with the Content Standards at Section
6 below; and
5.4.2
the Material
is your own original work and you own the entire right, title and interest in and
to the Material and/or you have all necessary licences, rights, consents and permissions
to use, and to authorise us to use, any and all intellectual property rights in
such Material to enable us to use the Material in the manner contemplated by these
terms of use.
5.5
When you upload Material to the Site it may be publicly available. This means that
both non-registered and registered users can view your Material. We can position
your Material anywhere on the Site, as we choose in our sole discretion.
5.6
Where you upload Material to your profile page only other registered users will
be able to access and view your Material unless you choose, during the upload process,
to associate the Material to a specific gig, review or other link that will subsequently
make it available to non-registered users. This will then mean that your Material
will be viewed by both non-registered and registered users and we can position your
Material on the Site as we may choose in our sole discretion.
5.7
We do not have any obligation to check the accuracy or truthfulness of the Materials,
nor to monitor any users’ use of the Site.
5.8
We have the right but not the obligation, in our sole discretion, to remove any
Material that you submit or upload to the Site.
6
CONTENT STANDARDS
6.1
You agree NOT to:
6.1.1
use the
Site for any unlawful purposes. You must comply at all times with these terms of
use and with all applicable laws and regulations;
6.1.2
access
the Site and its contents for any commercial or similar purpose, including advertising
or selling any goods or services other than where you are an artist or band wishing
to advertise or promote a specific music gig and include details of, or a link to,
a site or box office where tickets can be purchased for such gig. Otherwise, the
Site is provided for your own personal and non-commercial use. We reserve the right
to remove any links at any time for any reason without notice to you at our sole
discretion;
6.1.3
upload
or submit Material that is defamatory, obscene, pornographic, sexually explicit,
abusive, harassing, threatening or offensive, racially, ethnically or otherwise
objectionable or otherwise violates the rights (such as rights of privacy and publicity)
of others;
6.1.4
submit
or upload Materials that are unlawful or promote or encourage illegal activity,
or that would violate the property rights of others;
6.1.5
upload
or submit any Material that infringes any patent, trademark, trade secret, copyright,
rights of privacy or publicity, or other proprietary right of any party or infringes
any intellectual property law or otherwise is not in compliance with any applicable
law;
6.1.6
submit
Materials of any third party without such third party's prior written consent, or
Materials that falsely express or imply that such Materials are sponsored or endorsed
by Smart Tickets Limited or the Site;
6.1.7
submit
any Materials containing links to unsuitable or irrelevant website addresses, such
as pornographic or commercial sites;
6.1.8
impersonate
another person or create a false or misleading identity for the purpose of misleading
others as to your identity, or to collect information about other users;
6.1.9
collect,
obtain, compile, gather, transmit, reproduce, delete, revise, view or display any
material, data or information, whether personally identifiable or not, posted by
or concerning any other use in connection with your Material or in connection with
your use of the Site, unless you have obtained the express, prior written permission
of such other person, firm or enterprise to do so;
6.1.10
conduct or forward
surveys, contests, pyramid selling schemes or chain letters;
6.1.11
submit any material
or do anything that results in the transmission of junk email, chain letters, duplicative
or unsolicited messages or so-called “spamming” and “phishing”;
6.1.12
use other users'
personal data for purposes other than making contact with them that is reasonably
expected to be welcomed by such other users;
6.1.13
upload or submit
any Material containing any virus, corrupt file, worm programme or other malicious
code designed to interrupt, destroy or limit the functionality of or disrupt any
software, hardware, telecommunications, networks, servers or other equipment, nor
any adware, spy ware, Trojan horse or any other material designed to damage, interfere
with, wrongly intercept or expropriate any data or personal information;
6.1.14
copy, adapt, alter
or create a derivative work from any content on the Site;
6.1.15
interfere with another
user’s use and enjoyment of the Site or use the Site in any other manner that could
damage, disable, overburden or impair the Site.
7
INDEMNITY
7.1
You agree to indemnify and keep us and any of our officers, directors, employees,
agents, representatives, licensors, suppliers and operational service providers
fully and effectively indemnified from and against any and all claims, actions,
proceedings, demands, damages (actual and consequential), losses, liabilities, costs
and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred
by us as a result of, or in connection with, your access to and use of the Site
or conduct other than in accordance with these terms of use or any applicable law
or regulation.
8
PRIVACY POLICY
8.1
We process information about you in accordance with our Privacy Policy. You must read and accept the terms of our Privacy
Policy before using the Site. By using the Site, you consent to such processing
and you warrant that all data provided by you is accurate.
9
HOW TO MAKE A COMPLAINT OR REPORT COPYRIGHT INFRINGEMENT
9.1
You can report abuse or complain about content or Materials on the Site by using
the Report Abuse function on the Site.
9.2
If you are a rightsowner (or acting on behalf of a rightsowner) and believe that
any Material infringes your copyright, you must give us notice by sending a written
statement including the information set out below (in the same order as set out
below):
a)
that you are the rightsowner or are authorised to act on the rights-
owner's behalf;
b)
that you have identified Material on the Site which infringes your
copyright (or infringes the copyright of a third party on whose behalf you are entitled
to act, if applicable) and you believe in good faith that use of the Material in
the manner complained of is not authorised by you, the rightsowner's agent or by
law;
c)
a description of the copyright work that you claim has been infringed,
which should include the type of work (such as a photograph or a sound recording)
and any relevant further details (such as the title and date of publication, as
applicable);
d)
a description of the way in which the copyright material has been
infringed;
e)
information
reasonably sufficient to permit us to locate the Material in question on the Site
(including a URL and/or screen shot);
f)
information
that will enable us to contact you, such as your name, a postal address, telephone
number and, if available, an email address (these will also be the contact details that we
will provide to the alleged infringer so that they may contact you directly, in
order to attempt to resolve the complaint); and
g)
that the information in the notification is true and accurate.
Completed
statements should then be sent to
Attention:Marc
Bridgen
4th Floor, 95 Southwark
Street London SE1 0HX.
This
‘notice and takedown’ process is regulated by statute. There may be negative consequences
if you falsely allege copyright infringement or send a copyright infringement notice
to us in bad faith. We suggest that you take legal advice before sending a copyright
infringement notice,if you are unsure about your rights in the Material, or whether
there has been an infringement of your rights.
9.3
If you believe that we have removed Material that you have uploaded to the Site
in error, you may send us a written counter-notice including the information set
out below (in the same order as set out below):
a) details
of the Material that has been removed or to which access has been disabled;
b) information reasonably
sufficient to permit us to know where the Material in question had been located
on the Site (including a URL and/or screen shot);
c) a
statement that you believe in good faith that the Material that you have identified
has been removed by mistake and your reasons for believing this;
d) information that
will enable us to contact you, such as your name, a postal address, telephone number
and, if available, an email address
e) a
statement that you agree to be contacted by the person (or an authorised representative
of such person) who gave us the notice in the first place.
Completed
counter-notices should then be sent to
Attention:
Marc Bridgen
4th Floor, 95 Southwark
Street London SE1 0HX.
9.4
We have the right to disclose your identity to any third party who is claiming that
any Material posted or uploaded by you to our site constitutes a violation of their
intellectual property rights, or of their right to privacy or any other law.
10
LINKS
10.1
The Site may contain links to other sites, resources and purchase opportunities
provided by third parties. These links are provided for your information only. We
have no control over the contents of those sites or resources, and accept no responsibility
for them including but not limited to the third party site’s compliance with the
Data Protection Act 1998, Consumer Protection (Distance Selling) Regulations 2000,
Electronic Commerce (EC Directive) Regulations 2002, British Codes of Advertising
and Sales Promotion and/or any equivalent legislation in the relevant jurisdiction.
11
LINKING TO OUR SITE
11.1
You may link to 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.
11.2
Links to the Site do not imply that we endorse, are affiliated with, or are associated
with any linked site or that any linked site is authorised to use any of our trade
marks, trade names, brands, logos or copyright symbols or those of any of our affiliates
or licensors.
11.3
You must not frame any portion or pages of the Site on any other site. We reserve
the right to withdraw linking permission without notice. The website from which
you are linking must comply in all respects with the content standards set out at
Section 6 of these Terms of Use. If you wish to make any use of material on the
Site other than that set out above, please address your request to info@smarttickets.biz.
12
TERMINATION OF USE
12.1
We reserve the right in our sole discretion at any time without liability and with
or without prior notice to you:
(a)
not
to post any Material on the Site;
(b)
to
remove or suspend or disable access to any Materials;
(c)
to
suspend or revoke your registration (where applicable) and your right to access
and/or use the Site or submit any Materials; and
(d)
to
use any technological, legal, operational or other means available to enforce these
terms of use, including (without limitation) blocking specific IP addresses or deactivating
your registration and/or user name and password (where applicable).
12.2
You can terminate your account at any time by following the process set out here
Unregister. This will remove your
profile and other personal information from view and prohibit you from accessing
the Site as a registered user. Once your registration is terminated, we will have
the right to delete your account and any related Material that you have submitted
or uploaded.
12.3
Material that you have uploaded to the Site, other than personal information and
information from your profile removed pursuant to Section 12.2 following termination
of your account, may still appear on the Site even after your registration has terminated.
Pursuant to the licence granted at Section 5.2, we shall have the right to use your
Material anywhere on the Site as we choose, in our sole discretion.
12.4
The following sections shall survive any termination of your membership: Sections
5, 6, 7, 18, 19 and 20.
13
INTELLECTUAL PROPERTY
13.1
All information, data, text, graphics, logos, designs, documents, images, pictures,
photographs, videos, software, interactive features, advertisements or other content,
services or materials (or any part of them) on the Site are protected by copyright,
trade marks, database rights and other intellectual property rights (whether registered
or unregistered and including applications for the grant of any such rights) and
are owned by or licensed to Smart Tickets Limited or are otherwise used by us as
permitted by applicable law or regulation. Nothing contained in these terms of use
shall be construed as conferring by implication, estoppel or otherwise, any licence
or right for you to use the same other than as permitted in these terms of use.
14
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14.1
The Site is provided "as is" and on an "as available" basis.
You use the Site at your own risk. The content displayed on the Site is provided
without any guarantees, conditions or warranties as to its accuracy. To the extent
permitted by law, we, other members of our group of companies and third parties
connected to us expressly exclude:
a)
All
conditions, warranties and other terms which might otherwise be implied by statute,
common law or the law of equity.
b)
Any
liability incurred by any user in connection with the Site or in connection with
the use, inability to use, or results of the use of the Site, any websites linked
to it and any Materials posted on it, including, without limitation any liability
for:
i.
loss
of income or revenue;
ii.
loss
of business;
iii.
loss
of profits or contracts;
iv.
loss
of anticipated savings;
v.
loss
of data;
vi.
loss
of goodwill;
vii.
wasted
management or office time; and
viii.
for
any other loss or damage of any kind, however arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if foreseeable
whether arising directly
or indirectly.
14.2
This does not affect our liability for death or personal injury arising from our
negligence, nor our liability for fraudulent misrepresentation or misrepresentation.
14.3
We do not warrant that the Site will be uninterrupted or error free, that defects
will be corrected or that the Site or the server that makes it available are free
of viruses or bugs.
14.4
We expressly disclaim any and all responsibility and liability for the conduct of
any other user of the Site, and expressly disclaim any liability for Materials submitted
or uploaded by other users.
15
GENERAL
15.1
If, for any reason, any of these terms are determined to be illegal, invalid or
otherwise unenforceable by a court of competent jurisdiction, then to the extent
that term is illegal, invalid or unenforceable, it shall be severed and deleted
from these terms of use and the remaining terms of use shall survive, remain in
full force and effect and continue to be binding and enforceable.
15.2
No failure or delay by us in exercising any right, power or privilege under these
terms of use shall operate as a waiver of such right or acceptance of any variation
of these terms of use and nor shall any single or partial exercise by either party
of any right, power or privilege preclude any further exercise of that right or
the exercise of any other right, power or privilege.
15.3
These terms of use set out the entire agreement and understanding between us and
you and supersedes all previous agreements, representations and arrangements between
us (either oral or written). Nothing in this clause shall limit or exclude any liability
for fraudulent misrepresentation.
15.4
Except for Smart Tickets Limited’s affiliates, who are express and intended third
party beneficiaries of these terms of use and may enforce any of its terms and exercise
any of the rights to the same extent as Smart Tickets Limited, nothing in this Agreement
shall confer or purport to confer on any other third party, any benefit or the right
to enforce any term of this Agreement and The Contracts (Rights of Third Parties)
Act 1999 shall not apply to these terms of use.
15.5
These terms of use are governed by English law and the English courts will have
exclusive jurisdiction over any claim arising from, or related to these terms of
use and/or a visit to the Site.
16
ABOUT US
www.gigjunkie.net is a site owned and operated by Smart Tickets Limited.
We are registered
in England and Wales under company number 06023008.
Our registered office
is at Equity House, 4-6 School Oad Tilehurst, Reading, Berkshire RG31 5AL.
Our main trading
address is 4th Floor, 95 Southwark Street London SE1 0HX.
Our VAT number is
925 4664 08