Terms & Conditions

TERMS AND CONDITIONS OF SERVICE

Last updated: 25-08-2020

Rockifi (Hereinafter referred to as “the Company”, “We,” “Us”, “Our”).

www.Rockifi.com (Hereinafter referred to as “the Website”)

USERS TERMS OF USE

Please read these Users Terms of Use ("Terms") carefully before accessing, browsing, ordering, or participating in any Products, Services, accessing Content, or using the Website. Your access to and use of the Website and our Products, Services, and Content is conditioned upon your acceptance of and compliance with these Terms.

These Terms apply to all Visitors, Users, Artists, Content Creators, and all others who access or use the Website, participate in any way in our Products, Services, Community, and Content, or any other ancillary and/or connected trademarks. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website or participate in our Community, Products, Services, and Content.

By purchasing or using any Products, Services, and Content in relation to the Company, you acknowledge and agree to be bound by the following terms and conditions which together with all other legal documents of our Website govern the Company’s relationship with all Users in relation to our Website, Products, Services, and Content.

  1. Definitions
    • The definitions and rules of interpretation in this clause apply in these Terms;

Artist(s)

means the individuals, artists, bands, brands, legal entities and content creators which supply Content to the Website

Business

Means the continual provisions of the Products and Services

Business day

Any day (other than Saturday and Sunday) when the banks are generally considered open for business.

Content

Means all immediately available or hosted multimedia on the Website provided, streamed and owned by the Artist including, but not limited to, live streams, streaming events, live events, video clips, virtual festivals, video on demand, audio, video, animated gifs, designs, images, text, and other related items.

Industry standard practice

The Standard Business Practices within the specific Industry within Scotland

Products and Services

Means all virtual tickets, channel subscriptions, ticket bundles, merchandise, video-on-demand services, competitions and other related Products and Services listed herein consisting of participation for defined purposes including, but not limited to, viewing Content distributed and/or delivered and/or offered by the Company on the Website to Users

Order(s) Ordering

Means the process of purchasing Products or Services via the Website

Stream(s) Streaming

Means Content that is constantly received by and presented to the User while being delivered by the Company

Visitor

Means any entity, including, but not limited to a business or natural person whom is viewing the Website without an Account

User(s), You, Your, They, Their

Means any entity, including, but not limited to a business or natural person whom holds a valid Account on the Website.

 

 

  1. The Company
    • The Company is a community-based streaming platform dedicated to providing live streaming of music targeted at rock and metal fans with Content provided by Artists and content creators worldwide.
    • The Company facilitates online streaming of Content, Services, and Products to facilitate and promote the enjoyment of music, videos, events, live events, concerts, albums, limited edition items, and other extended experiences relating to rock and metal music.
  2. General Use of the Website
    • The use of this Website is subject to the following terms;
      • The Website and all Content provided is for entertainment purposes and general use only.
      • All information on the Website and Content is subject to change without notice.
      • The Website uses cookies to monitor browsing preferences.
        • For further detail to see how this affects you, please see our dedicated Cookies Policy and Privacy & GDPR Policy.
      • Neither we, the Artists nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or on the Website for any particular purpose.
      • You acknowledge that information and materials on the Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
      • Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.
      • Our Products, Services, and Content have not been developed to meet individual requirements and that it is, therefore, the Users responsibility to ensure that the facilities and functions of the Products and Services meet your requirements.
        • It shall be your own responsibility to ensure that any Products, Services, Content, or information available through this Website meet your specific requirements.
      • This Website contains material which may be either owned by us or the Artist or licensed to us or the Artist.
        • These material includes, but is not limited to, the Content, Services, Products, audio, visuals, design, layout, look, appearance, graphics, text, information, and data.
          • Reproduction, copying, and sharing in all forms is strictly prohibited other than in accordance with these Terms. (Clause 25. Intellectual Property).
        • Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
        • From time to time this Website may also include links to other websites. These may come in the form from the Artists or the Community who are not directly connected to the running of the Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
        • All Content and Materials contained within this Website are for general purposes only and all Services and Products should be considered for general and entertainment purposes only.
        • All Users and those using the Website agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Content, Service, and Products.
      • The Website and Content may be restricted in certain countries.

 

  1. Products and Services
    • Products and Services mean all virtual tickets, channel subscriptions, e-ticket bundles, merchandise, video on-demand services, competitions and other related Products and Services listed below consisting of paid or free participation for defined purposes including, but not limited to, viewing Content distributed and/or delivered and/or offered by the Company and/or Artists on the Website to Users.
    • All Visitors can view our full catalogue of Products and Services and view a selection of our Content and promotional Content without an Account (Section 5).
    • The Company provides the following Products and Services, including but not limited to;
      • General Content,
        • Users can access defined free General Content.
      • Tickets,
        • Allow Users to access defined Content.
        • The terms, scheduling, financial aspects, and other aspects of Tickets are defined by the Artist within the relevant section.
      • E-Ticket Bundle(s),
        • Allow Users to access defined Content and receive items.
        • The terms, scheduling, financial aspects, and other aspects of E-Ticket Bundles are defined by the Artist within the relevant section.
      • Video On Demand (VOD) Services,
        • Allow Users to access defined Content.
        • The terms, scheduling, financial aspects, and other aspects of all VOD Services are defined by the Artist within the relevant section.
      • Live Events,
        • The terms, scheduling, financial aspects and other aspects of each Live Event is defined by the Artist within the relevant section.
      • Promotional Offers,
      • Competitions (Clause 17),
      • Merchandise,
        • The terms, financial aspects, and other aspects of Merchandise are defined by the Artist within the relevant section.
      • Rockifi Community free for Registered Users, (Clause 9), which includes:
        • Chat Feature,
        • Personal Profile Page and,
        • Rock Horn Rating System.
      • Each Product and Service offered may be accompanied by individual Terms as provided within the relevant section.
      • Our Products and Services are only sold online via our Website unless otherwise disclosed by the Company.
      • Acceptance of any Product or Service shall be deemed to have taken place upon Purchase.
      • We reserve the right to refuse Products, Services, and Content to anyone, for any reason, at any time.
  1. Content
    • The Company facilitates Artists to provide Content on the Website.
      • Content means all immediately available or hosted multimedia provided or streamed on the Website including, but not limited to, streaming events, live events, video clips, virtual festivals, video on demand, audio, designs, images, text, on the Website which is owned by the Artists.
    • The Company does not create or own any Content on the Website unless otherwise stipulated.
    • Content is created and provided by external partners, Artists, whom undergo our quality assurance process.
    • Any Content that the Company makes available on or through the Website includes proprietary information, licensed or authorized for use by or through a third party,or details on the rights attached to Content (Clauses 11 and 25).
    • Under no circumstances should any Content be copied, disseminated, downloaded, publicly shown, or shared in any capacity (Clauses 11 and 25).
    • The Artist is responsible and liable for their Content
    • The creator of all Content and follow-up information is contained within the relevant Content section.
  2. Accounts
    • To have access to and participate in our full catalogue of Products, Services, view Content, and participate in the Community, you must register an Account. (Clause 6, 7)
    • Users with a registered Account shall have access to the following features, including the ability to:
      • Be part of Rockifi Community (Clause 9, 10, 11),
      • Participate in Chat (Clause 9),
      • Participate through the use of Rock Horns rating system (Clause 9),
      • Purchase Products and Services (Clause 3, Clause 12),
      • Donate to Artists (Clause 12),
      • Participate in Competitions (Clause 17).
    • All Accounts grant the User with limited, personal, non-commercial, non-transferable, temporary, revocable, non-assignable, non-sub-licensable licence and right to access to Website, Platform, Community and the ability to purchase Products and the Services and to view Content for defined purposes though generally available web browsers, mobile devices, and operating systems.
    • Upon expiration of an Account, the User will lose all access to paid Products and Services.
    • The Company will not be liable for any harm related to disclosure of your Account username or password or the use by anyone else of your username or password.
    • You may not use another user's Account without that user's permission.
    • You will immediately notify us in writing if you discover any unauthorised use of your Account or other Account-related security breaches.
    • The Company may require you to change your Account username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights.
    • The Website is contingent upon the Visitor and User agreeing to the following;
      • That you represent that you are at least the age of maturity in your country, state, or province of residence to visit the Website.
      • You understand that your data may be transferred unencrypted and involve;
        • A transmission over various networks and,
        • Changes to conform and adapt to technical requirements of connecting networks or devices.
      • All Users must be above the age of 15 (fifteen) years old to register an Account.
      • All Users under 15 (fifteen) years old must be actively supervised while using our Website.
        • You agree not to reproduce, duplicate, copy, sell, resell, exploit or commercially exploit any portion of the Website, the Content, Products or Service on the Website, without express written permission by the Company or the relevant Artists.
        • You may not use our Services, Products or Content for any illegal or unauthorised purpose nor may you, in the use of our services, violate any laws in your jurisdiction, including but not limited to copyright laws.
        • The User shall promptly notify the Company in writing if they believe, within reason that the Products or Services do not comply with the specification set out on the Website.
      • Accounts and Subscriptions, purchased Products and Services are not transferable.
      • You may not transfer or sell access to your Account.
  1. Account Registration
    • By registering to become a verified User of the Website and to participate in the Website, the User expressly agrees that they have read, understood, and accepted these Terms and all other legal policies of the Company.
      • If you do not accept these Terms, you may not create an Account, and you are not authorised to use the Website for any purpose.
    • Users confirm that they are entering the Registration on behalf of;
      • Themselves, or
      • A legal entity.
        • Confirming that you are an authorised officer of the legal entity and have the authority to enter into agreements for and on behalf of the legal entity.
      • Your Account username may not include the name of another person with the intent to impersonate that person or be offensive, vulgar or obscene.
      • Your Account username and password are personal to you and you will be responsible for the confidentiality and use of your username and password, and for all activities that are conducted through your account.
      • The User shall;
        • Adhere to these Terms,
        • Provide the Company with all necessary and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under these Terms, as upon being requested to do so,
          • Ensure that such information, data, and documentation is complete and accurate in all material respects and Update or notify the Company of any changes to the information, data, and documentation it provides to the Company where relevant.
  1. Account Verification Procedures
    • The Company uses multi-level systems and procedures to collect and verify information about Users to help keep ourselves, our Users, and our partner’s safe from fraudulent activity and for record-keeping purposes.
      • The Company shall use reputable third-party compliance and KYC partners.
        • The Company shall not be held liable for any third-party partners.
      • User who wishes to register an Account may be requested to provide:
        • Legal name,
        • Username,
        • Password,
        • Email address,
        • Date of birth,
        • Phone number,
        • Provide a form of government-issued ID – such as a passport and driver’s license,
        • Complete our Application Form,
        • Accept this Policy and all our other legal policies in full.
        • Provide additional details, including their residential address and relevant government-issued documents, depending upon the jurisdiction.
      • The Company may require you to submit to enhanced due diligence at any time.
  1. Accuracy of Billing and Account Information
    • You agree to provide current, complete, and accurate Account information for your Account and all Orders made on our Website.
    • You agree to promptly update your Account and other information, including your email address and financial information so that we can complete your Orders and contact you as needed.
    • We cannot accept responsibility where you do not meet any deadlines or incur other disadvantages arising from non-accurate information provided on the Website.
    • The Company will not collect or store your financial details.
    • Your submission of personal information through our Website is governed by our Privacy & GDPR Policy and Cookies Policy.
  2. Rockifi Community Code of Conduct
    • When Participating in the Website, the Rockifi Community or Chat, you acknowledge that your actions affect others and you must:
      • Be kind,
      • Treat others how you wish to be treated,
      • Respect other humans,
      • Not spam, use all-caps or flood messages and emotes,
      • Not impersonate another person,
      • Attempt to include everyone,
      • Be positive and helpful towards other users,
      • Strictly withhold from bullying, sexism, racism, homophobia or other hate-based chat,
      • Not joke about mental or physical disorders,
      • Try to avoid controversial topics, such as politics and religion,
      • Not argue with people,
      • Not advertise, self-promote or anything relating to a commercial or marketing purpose,
      • Use common sense,
      • Adhere to the rules enforced by the Artist and/or Moderators and/or Administrators of the Community.
      • Follow and respect the Community guidelines as posted on the Website and/or by the Artist.
    • The Company expects all Users of the Website to conduct themselves at all times in an orderly manner, respecting the rights and privacy of others.
    • The Company reserves the right to remove, suspend or indefinitely ban any User with immediate effect if they are found to be in breach of this Code of Conduct, or their behaviour is such that results in damage, endangering others or self or impede the experience of other users.
    • All participants in our Services, Products, viewing Content, and generally participating on the Website have a legal responsibility to take all reasonable precautions to maintain their own safety and not to endanger other participants and are liable for their own actions.
      • You agree to indemnify the Company in full for any loss or damage to other users or their property as a result of your failure to follow safety instructions or maintain safety standards or in respect of any negligence which may occasion such loss or damage.
        • Users will be held financially responsible for any damages.
  1. User Content
    • The Company may, at its sole discretion, enable Users to create, post comments, use the chat features, upload, post, send, receive and store content, audio, and video recordings, clips, images, photographs, artwork, design, text, links or other materials to the Website ("User Content").
    • User Content posted by a User may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and we are not responsible for any User Content. We will not be liable for any loss or harm caused by the User Content or your reliance on any User Content.
    • By submitting User Content, you certify that you are at least 15 (fifteen) years old or you have obtained your parent's or legal guardian's express consent to submit User Content.
    • You will be responsible for your User Content and the consequences of posting/submitting it.
    • By posting/submitting User Content, you represent to us that you have the written permission of every identifiable person or legal entity in the User Content to use that person's name, likeness, and any relevant rights in the manner contemplated by the Website and these Terms.
    • We will have the right, but not the obligation, to monitor the Website, and the User Content, and to disclose any User Content and the circumstances surrounding its submission to operate the Website properly or to protect ourselves, our Artists, sponsors, and other Users, or to comply with legal obligations or governmental requests.
    • If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and suspend or ban your Account.
    • The Company may also hold you liable for any User Content that infringes the rights or Intellectual Property rights (Clause 25) of a third party, and you may be required to pay or reimburse any amounts we believe are necessary to resolve any complaint or as is required by law.
    • If you submit User Content to the Website, you grant the Company a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialise your User Content, in our sole discretion, in all formats and all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else.
      • This license will not affect your ownership to your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms.
      • We are not obligated to post, display, or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorise any claim against us that our use of your User Content infringes any of your rights.
  1. Prohibited Uses & Restrictions
    • In addition to other prohibitions as set forth in these Terms, all Users and individuals using the Website are prohibited from using the Website, or its Content, or our Products and Services for the following;
      • For any unlawful purpose,
      • To perform or participate, or solicit others to perform or participate, in any unlawful acts,
      • To copy, download, distribute or disseminate in any capacity all information and Content on the Website,
      • Under any circumstance to publicly broadcast, share, transmit in any form any Content,
      • To use any aspect of the Website for any commercial purposes for monetary gains, such as conducting sales of tickets without the permission of the Company,
      • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances,
      • To infringe upon or violate our intellectual property rights or the intellectual property rights of others,
      • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,
      • Engage in spamming or flooding,
      • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet,
      • To attempt to scam other Users,
      • To collect or track the information of others,
      • To express or imply that any statements you make are endorsed by us, without our prior written consent,
      • Reproduce or scan tickets in a format or medium different from that expressly allowed by the Website,
      • Manipulate identifiers, including by forging headers, to disguise the origin of any posting that you submit,
      • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Website, including with respect to any CAPTCHA displayed on the Website. Operators of public search engines may use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past,
      • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure,
      • To use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards, participate in competitions or any other items available on the Website, including sending information from your computer to another computer where such software or system is active.
      • To request more than 1,000 pages of the Website in any 24-hour period, whether alone or with a group of individuals,
      • To reproduce, modify, display, publicly perform, distribute or create derivative works of the Website or the Content;
      • To decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets on the Website,
      • To use the Website for any obscene or immoral purpose,
      • To interfere with or circumvent the security features of the Website, Products, or Service.
      • To phish, pharm, pretext, spider, crawl, or scrape,
      • To submit:
        • any content or information that is unlawful, fraudulent, libellous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights;
        • any non-public information about companies without authorization; or (any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication,
        • any false or misleading information,
        • or provide links to, any external Website, postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorise drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party.
        • any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature,
      • We prohibit your use of any device such as an automated device, tool, software, algorithm, and procedure or internet bot to mine or collect data from the Website.
      • Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
      • Use the Website, Products, Services or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Website, Products, Services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
      • We reserve the right to terminate your Account, use of Website, use of the Products and Service, or any related Website for violating or attempting to by-pass any of the Prohibited Uses.
  1. Payment
    • Prices can be displayed on our Website in either:
      • United States Dollars (USD) or,
      • British Pound Sterling (GBP).
    • The User shall pay via the checkout method provided by the Website.
    • All prices are shown as is.
    • Single Tickets: Users can pay for individual Content.
      • The prices of Single Tickets are determined by the Artists within the relevant section.
    • Ticket Bundle
      • The prices of Tickets Bundles are determined by the Artists within the relevant section.
    • Video On Demand (VOD) Services
      • The prices of VOD Services are determined by the Artists within the relevant section.
    • Competitions: (Clause 17)
    • Merchandise
      • The prices of Merchandise are determined by the Artists within the relevant section.
    • Donations: An act through which a User irrevocably transfers part of their property at no cost with no expectation of return.
      • Artists are fully responsible for facilitating Donations.
        • The Company does not facilitate or control any Donations.
      • All Donations are at your own risk. When you make a Donation through the Website, it is your responsibility to understand how your money will be used. The Company is not responsible for any offers, promises, rewards or promotions made or offered.
        • We do not and cannot verify the information supplied, nor do we represent or guarantee that the Donations will be used in accordance with any purpose prescribed or in accordance with applicable laws.
        • Notwithstanding the foregoing, we take possible fraudulent activity, and the misuse of funds raised very seriously. If you have reason to believe that a Donation is being used outside of the stated purposes, please contact us at [email protected]
      • Purchase: Payment is considered complete when all funds have been paid, received, and cleared, as deemed by the Company.
      • All Purchases are not transferable.
      • All prices of Products and Services are available on our Website and are subject to change without notice.
        • We reserve the right to change prices without prior notice to the User.
      • We accept the following methods of payment for our Products and Services unless otherwise stipulated in these Terms;
      • Users shall follow all payment instructions provided upon selecting their payment method.
      • Users may be taken to external Websites from their third party payment providers in which the Company does not control or take any responsibility for.
      • We reserve the right to pass onto the User any fees charged for the use of our methods of payments, by the payment gateway company or any relevant company in this capacity.
      • We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order.
        • If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
      • Upon an order for a Product or Service being placed, the User is not entitled to a refund, unless otherwise stipulated in these Terms (Clause 13).
  1. Cancellation, Event Postponement & Refund Policy
    • We do not provide refunds for Cancellations or Event Postponement unless otherwise stipulated in these Terms.
    • In the event of an Event Postponement for an Event which you paid, we will provide you with a rescheduled date.
    • In the event of an Event Cancellation for an Event that you paid, you will be refunded via the payment method in which you placed your order.
    • To cancel a Product or Services in which you Purchase you must contact us in writing to inform us that you wish to cancel.
      • Provided you notify us within the Cancellation Period you may receive a refund.
    • Cancellation Period: We operate on a strict Cancellations and Refunds Policy;
      • Tickets: All Purchases are final and we do not offer a refund.
      • Ticket Bundles: All Purchases are final and we do not offer a refund.
      • VOD Services: All Purchases are final and we do not offer a refund.
      • Promotional Offers: All Purchases are final and we do not offer a refund.
      • Merchandise: The User should contact the relevant Artist.
      • Donations: The User should contact the relevant Artist.
        • If you made an accidental Donation you must contact the Artist.
  1. Account Termination
    • You may terminate your Account by following the procedure on the Website.
    • You may terminate these Terms at any time by notifying us that you no longer wish to use the Website, terminating your account, or when you cease using the Website.
    • The obligations and liabilities of the User incurred before the Account Termination date shall survive for all purposes.
    • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate any Account at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services, Products, and Content, or any part thereof.
  2. Artists
    • Artists shall read, agree to and, follow the Users Terms of Use, the Artists Terms of Use and sign the Artists Agreement.
      • To register as an Artist, you are required to read, agree to and, sign the Artist Agreement.
  1. Third-Party Providers
    • We utilise third-party providers for the facilitation of payments and marketing purposes of our Content, Products and, Services and, other purposes we deem necessary.
    • Our Products and Services may be available on other third-party websites and Social Media websites.
      • If you have purchased one of our Services or Products on one of these third-party sources, those transactions and orders are subject to the conditions contained in these Terms.
    • We are not liable for any harm or damages related to the purchase or use of goods, services, products, resources, content, or any other transactions made in connection with any third-party websites.
      • Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
      • Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and you should also immediately inform us.
  1. Competitions
    • These rules apply to all official Company competitions, prize draws, promotions, giveaways, and, suchlike that are hosted by the Company, promoted on and run through our Website or social media channels (the “Competitions”).
      • To enter a Competition you must enter as directed on our Website or social media channels.
      • Our Competitions are free to enter and if a purchase is required it will be stipulated.
      • Promotions on social media are in no way sponsored, endorsed or administered by, or associated with the provider/host of or our social media accounts.
      • The information provided will be used in conjunction with our Privacy & GDPR Policy.
      • In addition to this clause, Competitions made available through the Website may have specific rules that are different from these Terms. By participating in any Competition, you will become subject to those rules. We urge you to review the rules before you participate in a Competition.
        • Competition rules will prevail over any conflict with these Terms.
      • Eligibility and entry restrictions: To be eligible to enter a Competition, Entrants must:
        • Have a valid Account,
        • Be a real person, at least 15 (fifteen) years old and must permanently reside in an approved Country, proof of address or age may be required.
          • Some Competitions may require the User to be over 18 (eighteen) years old.
        • Not be our employee, officer or agent, or an employee, officer, or agent of any person or organisation involved in the running of the Competition, and you must not be a family relation of any such person.
      • The maximum number of entries to a Competition per person and Account is 1 (one) unless otherwise stipulated.
      • The maximum number of entries for a Competition shall be at our sole discretion but no less than 100 entries, at the discretion of the Company.
      • Start and Closing Dates: A Competition shall open for entries at the time and on the date specified on our Website and/or social media channels, and similarly, shall close to entries at the time and on the date specified on our Website and social media channels. Unless otherwise stated, these times and dates are set to GMT.
        • Any entries received before the opening or after the closing of the Competition will be invalid and will not be entered into the Competition.
        • No responsibility can be accepted for entries not received for whatever reason.
        • We reserve the right to cancel or amend the Competition and these terms and conditions without notice in the event of a catastrophe, pandemic, war, civil or military disturbance, an act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the competition will be notified to entrants as soon as possible by us.
        • Entry into the competition will be deemed as acceptance of all of these terms and conditions.
      • Judging: Competition entries shall be judged or winners selected based on those criteria specified on our Website and/or social media channels in relation to the Competition.
        • If a Competition entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances.
        • Our decision in respect of all matters to do with the Competition will be final and no correspondence will be entered into.
        • The Competition and these terms and conditions will be governed by Scottish law and any disputes will be subject to the exclusive jurisdiction of the courts of Scotland.
      • Winners and Prizes: Competition prizes for each competition shall be specified on our Website or social media channels.
        • The results of a Competition will be announced on our Website within 30 days following the closing date of the Competition. The announcement may include the name and photograph, the town or region of residence, and prize details of each prize winner.
        • Competition prize winners will be notified of the Competition result by email not more than 30 days following the closing date of the competition and will be sent their prizes not more than 60 days following that closing date.
        • Reasonable efforts will be made to contact the winner for 14 days but if the winner fails to respond to our notification attempts within this time or provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.
        • No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
      • Copyright and Moral Rights: You warrant to us that you created your competition entries, that you own all of the copyright in those entries, and that our use of the entries in accordance with these rules will not infringe any person's intellectual property rights or other legal rights.
        • You grant to us an exclusive, worldwide, royalty-free, perpetual and irrevocable licence to copy, store, edit, distribute, transmit, and publish your competition entries.
      • Publicity: We may undertake publicity activities relating to Competitions and prize awards. The winner, therefore, agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning publicity names, surnames, towns or regions of residence and prize details.
        • All other personal details collected as part of the competition will be used in conjunction with our Privacy Policy.
  1. User Feedback and other Submissions
    • If, at our request or that of the Artist, or without, you send certain specific submissions, you send creative ideas, comments, review, critique, feedback, suggestions, proposals, plans, concept, or other materials, whether online, via the Website, by email, by postal mail, or otherwise (collectively, ‘Comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments.
    • We are and shall be under no obligation to;
      • Maintain any Comments in confidence,
      • To pay compensation for any Comments or,
      • To respond to any Comments.
    • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
    • You agree that your Comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
      • You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Content, Streams, Products or Service or any related website.
    • You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments.
      • You are solely responsible for any Comments you make and their accuracy.
    • We take no responsibility and assume no liability for any Comments posted by you or any third-party.
    • If you submit a testimonial on this Website, via email or post it on any of our social media profiles, then you agree that we may publish your testimonial, together with your name, on this website, and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion.
      • You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial.
        • We will never edit a testimonial in such a way as to create a misleading impression of your views.
  1. Privacy
    • All Users are obliged to seek out, read, understand, and agree to the separate Company Privacy & GDPR Policy, Cookies Policy, and Disclaimer available on the Website.
  2. Warranties
    • The User warrants that they have sufficient permission and legal rights to access the Website, purchase any Service or Product from the Company, and participate or view any Content.
    • The Company warrants that;
      • It shall provide the Products and Services;
        • In accordance with the Terms and Conditions set herein,
        • In accordance with any and all applicable laws, regulations and statute,
        • With reasonable care and skill, and
        • In accordance with generally recognised commercial practices and standards;
      • The Company does not endorse or condone the opinions and views of any of its staff, employees, Artists, subcontractors, or agents, nor shall they be considered the opinion, view or stance of the Company.
      • These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Products and Services. All conditions, warranties or other terms concerning the Products and Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.
  1. Indemnity
    • You agree to indemnify, defend and hold harmless the Company and our subsidiaries, affiliates, partners, officers, directors, agents, Artists, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
    • Users will indemnify the Company harmless from any and all claims or demands, including but not limited to reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of these Terms or violation of any law or the rights of any party.
  2. Notice
    • Any Notice given under these Terms shall be by email which is our only accepted official form of communication from you.
      • If you choose to contact us via any other means, including through our Social Media accounts, we may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.
        • As such, we will not be liable or held responsible for any damages that may arise for you from you failing to contact us via our accepted communication channels
      • A notice is deemed to have been received, in the case of an e-mail, at the time of transmission.
      • We will use the email you provided us with to communicate with you, and we ask you to check your email account frequently for important communications.
        • We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email.
  1. Representation
    • We do not guarantee, represent, or warrant that your use of our Products, Services, or Content will be uninterrupted, timely, secure, or error-free.
    • We do not warrant that the results that may be obtained from the use of our Products, Services, or Content will be accurate or reliable.
    • You agree that from time to time we may remove Products, Services, Content, or Artists for indefinite periods of time or cancel any Products, Services or Content at any time, without notice to you, please refer to our Refund and Cancellation Policy (Clause 12).
    • In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, administrators, moderators, Artists, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, Products, Content or participation in the Community or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
    • The Company neither warrants nor represents that your use of the Website or any Content or information displayed on its Websites will not infringe any rights of third parties.
    • As some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
    • WE PROVIDE THE WEBSITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT GUARANTEE THE QUALITY OR STANDARD OF ANY OF THE PACKAGES. YOU ARE TAKING THE RISK THAT THE ARTISTS MAY NOT PROVIDE THE LEVEL OF INTERACTION THAT YOU WERE ANTICIPATING OR THAT THE PACKAGE DOES NOT MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, INCLUDING ARTISTS, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  2. Liability
    • The Company, Website, and Artists are in no way accountable, liable, or responsible for the actions or words of any of the Users, other Artists, including User Content, Comments, or information contained within their User profile.
    • All those involved in the Company, the Website, and the Artists, do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or service referred to on the Website.
    • The Company provides information sourced from a wide variety of Third Party individuals, companies, organisations, and external parties. The use of this information by the Company should not be construed as sponsorship, endorsement, or approval of such organisations. The Company provides links to other external Third-Party websites, in providing such links The Company does not accept responsibility for or endorse the content of any linked site. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company’s web site, even if the Company or a Company authorised representative has been notified orally or in writing of the possibility of such damage.
    • Nothing in these Terms shall operate to exclude or limit either party's liability for:
      • Fraud or,
      • Any other liability which cannot be excluded or limited under applicable law.
    • Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
    • We do not directly employ Artists nor are we responsible or liable for any interactions involved between Artists and Users.
      • We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of the Artists, the Community or from Users.
    • The Website does not review or edit the Content for legal issues, and we are not in a position to continually determine the legality of an Artist or the Content. We do not exercise any editorial control over the Content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If a User chooses to participate in our Products and Services or view Content, they rely on any information provided by an Artist at your own risk.
    • By using our Website, Products, and Services, Users may be exposed to Content that they consider offensive, indecent, or objectionable. The Company has no responsibility to keep such Content from you and has no liability for your access to, use of, or viewing of any Content, to the extent permissible under applicable law.
      • This also applies to any Content promoting physical activity from a User which overall relates to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of this type of Content, and by participating in such Content you choose to assume those risks voluntarily, including the risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, or after using a Service or Product.
    • Subject to this Clause, each party's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Payment by the User to the Company under these Terms, or such other amount as may be set out.
    • IN NO EVENT WILL WE OR OUR SUPPLIERS, ADVERTISERS, AND SPONSORS BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PACKAGE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT, RESULTING FROM YOUR ATTENDANCE AT THE PACKAGE OR EVENT OR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR SERVICES OR PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED BRITISH POUND STERLING (£100) OR THE AMOUNT WE HAVE EARNED FROM YOUR USE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL LAWYERS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
    • WARNING: The Website and Content may potentially trigger seizures for people with photosensitive epilepsy. Viewer discretion is advised.
  3. Intellectual Property
    • Unless otherwise stated, the Company, Artists (or its licensors) own all Intellectual Property Rights in the Products, Services, and Content.
    • You must acknowledge and agree that the Website and all Products, Services, and Content available are proprietary and owned material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorised by the Company, the Artist or such applicable licensor, you agree not to copy, download, alter, modify, loan, sell, distribute, transmit, broadcast, publicly broadcast, perform and/or created any plagiaristic works which are based on the Company, Artists any Content, Multimedia, Design, Audio, Stream, Document, Product, Service, Information or the Website, in whole or part.
    • You must acknowledge, understand and agree that all of the Companies, the Websites, documents, Products, Services, Content, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features and/or names are trademarks and as such, are and shall remain the property of the Company or the relevant Artist, or applicable licensor. You must not display and/or use in any manner the Company, the Website logo, or marks without obtaining the Company's prior written consent.
    • Use of the Content, Products, and Services are permitted only where expressly authorised by the Company as set out herein these Terms.
    • The User shall indemnify the Company against all damages, losses, and expenses arising as a result of any action or claim that the information, documentation, or materials the User provides infringe the Intellectual Property Rights of a third party.
    • The indemnities within this Clause are subject to the following conditions:
      • The indemnified party promptly notifies the indemnifier in writing of the claim;
      • The indemnified party makes no admissions or settlements without the indemnifier's prior written consent;
      • The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
      • The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
    • We grant our Users a limited, conditional, non-exclusive, non-transferable, non-sub licensable license to the Products, Services to view Content on the Website as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
      • "Frame" or "mirror" any part of the Website,
      • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content,
      • Remove any copyright, trademark or other proprietary rights notices contained on the Website,
    • Reproduce, modify, distribute or create derivative works of the Website or the Content,
      • Under any circumstance publicly broadcast, share, transmit in any form any Content,
    • This license is expressly conditioned on your pre-existing agreement to comply with these Terms.
      • This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Website, Products, Services or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in these Terms exceeds the scope of the license granted to you herein, constitutes unauthorised reproduction, display, or creation of unauthorised derivative versions of the Website, Products, Services, and Content, and infringes our copyrights, trademarks, patents, and other rights in the Website and Content. You will not acquire any ownership rights by using the Website or the Content.
    • The registered and unregistered trademarks, logos, and service marks displayed on the Website are owned by us or our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission.
  4. Copyright Infringement
    • Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any Content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include:
      • Your (or your agent's) physical or electronic signature,
      • Identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification,
      • Identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site,
      • Your name, address, telephone number and email address (if available),
      • A statement that you have a good faith belief that use of the content in the manner complained of is not authorised by you or your agent or the law; and
      • A statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorised to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
    • It is our policy to terminate, in appropriate circumstances, the access rights of repeat copyright infringers. If you are found to be a repeat copyright infringer and we receive multiple DMCA or other copyright infringement notices regarding content that you upload to the Site, you agree that we may take actions to prevent future infringement, such as;
      • Blocking your account from future Content,
      • Terminating your account and access to the Website,
      • Putting your email address on a banned list,
      • Prohibiting you and anyone using your email address, IP address, or other identifying information from reopening your account or opening a new account.
  1. Complaints & Disputes
    • Complaints should be submitted using the relevant forms on the Website or sent to [email protected].
    • Subject to the above clause, these Terms and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of Scotland.
    • Should any claim or dispute be arising from a past or current matter, please use the above e-mail or contact an Administrator and/or Moderator, the decision of the Administrator and/or Moderator shall be final and shall not be obliged to release reasoning.
    • If the Administrator and/or Moderator are unable to settle the claim or dispute, the matter shall be referred to the Company, the decision of the Company shall be final and shall not be obliged to release reasoning.
    • If the Company is unable to settle the claim or dispute, the Company has the option to refer the matter to an independent third-party Mediator, whose decision will be final, save in respect of any manifest error, subject to full representation given to all parties involved.
    • If the Mediator is unable to resolve the dispute, then the dispute may be escalated to the appropriate courts within Scotland.
  2. Errors, Inaccuracies, and Omissions
    • Occasionally there may be information on our Website, Products, Services, or Content that contains typographical errors, inaccuracies, or omissions that may relate to our descriptions, pricing, scheduling, promotions, offers, and booking.
      • We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Websites, Products, Services, Content, and Streams or any related website is inaccurate at any time, without prior notice, including after you have submitted your order.
    • We undertake no obligation to update, amend or clarify information in the Products, Services, and Content or on any related website, including without limitation, pricing information, except as required by law.
      • No specified update or refresh date applied in our Products, Services, Content, and Streams or on any related website, should be taken to indicate that all information in our Products and/or Service or on any related website has been modified or updated.
  1. Amendments
    • We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms posting updates and changes to our website.
      • It is your responsibility to check our Website periodically for changes.
      • Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
    • You should check these Terms from time to time to ensure that you are happy with any changes.
    • This policy is effective from October
    • No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by us in writing.
    • The User acknowledges that no employee, sub-contractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold pursuant to these Terms, other than as contained in these terms or as confirmed in writing by us.
  2. Language
    • Any dispute arising from, or related to, any term of these Terms and Conditions arising between the Parties, shall be resolved or determined based on the English language version alone. These terms were originally written in English. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.
  3. Severability
    • In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  4. Governing Law
    • These Terms shall be governed by and construed in accordance with the laws of Scotland.

 

 

ARTISTS TERMS OF USE

These Artists Terms of Use ("Terms") apply to Artists, please read these Terms carefully before signing up to Rockifi as an Artist, accessing, browsing, ordering, uploading and/or streaming Content or participating in any Products, Services, accessing Content, or using the Website.

  1. Definitions
    • References to the “Company”, “us”, “we” and “our” are references to Rockifi.
    • References to “you” and “your” are references to the Artist.
    • References to Parties means a reference to the Company and the Artist collectively, individually the “Party”.
    • The definitions and rules of interpretation in this clause apply to the Artists Terms of Use:

“Business”

Means the continual marketing of all relevant goods and services

“Communication”

Means communication by means of electronic transmission, including by telephone, any type of messaging service, internet-connected or wireless computer access, e-mail or any similar technology or device

“Industry Standard Practice”

The Standard Business Practices within the specific Industry within Scotland

“Notice”

Notice” shall mean an instrument via email, unless otherwise prescribed

“Terms”

Means reference to the Artists Terms of Use

“Website”

Means the Company website www.Rockifi.com

 

  1. Content
    • The Artist will provide Content to the Company for use on the Website.

 

  • Content includes all immediately available or hosted multimedia on the Website provided, streamed and owned by the Artist including, but not limited to, live streams, streaming events, live events, video clips, virtual festivals, video on demand, audio, video, animated gifs, designs, images, text, and other related items.

 

  • The Artist will feature their Content on the dedicated Artist Page (Clause 4.4.3).
    • The Artist has the full discretion of Content made available.

 

  • The Artist warrants they own or have the necessary licenses, rights, consents, permissions, and authority to authorise and release all Content for commercial purposes.

 

  • All Content provided by the Artist shall remain the property of the Artist.

 

  • The Artist decides all aspects of the Content including, but not limited to;
    • Scheduling,
    • Duration,
    • Pricing,
    • Bundles, Offers, Promotions, etc.

 

  • The Artist shall ensure that all Content:
    • Is of a reasonable video quality as deemed appropriate by the Company,
    • Contains clear audio quality as deemed appropriate by the Company, clear audio includes:
      • Correct technical aspects implemented,
      • No background noises,
      • No echoes,
      • Or anything which a reasonable person would consider unclear, inaudible, or distracting.

 

  • The Artist can Monetise Content through:
    • Tickets,
      • Tickets allow Users to access defined Content,
      • The Artist determines;
        • The Content which requires Tickets,
        • The Price of the Tickets.
      • E-Ticket Bundles,
        • The Artist can create custom E-Ticket Bundles to sell more merchandise, generate more album downloads, Limited edition items, etc.
      • Video on Demand Services and,

 

  • The Company reserves the right to utilise 20 – 30 seconds of Content for the purposes of Marketing and promotional purposes. (Clause 4.4)

 

  • The Company reserves the right to refuse any Content that does not adhere to the Company’s philosophy or policies for any reason, at any time, without the need to provide a reason.

 

  • The Website and Content may be restricted in certain countries.

 

  1. Live Events(s)
    • Live Events Dates and Venues will be agreed upon by the Company and the Artist and shall be made in writing and signed.

 

  • The Artist agrees to adhere to the terms of the Venue, including fulfilment of all payments within defined timeframes.

 

  • Live Events that will be streamed as Content on the Website.
    • Venues must have a suitable internet connection to facilitate streaming as deem suitable by the Company.
      • In the event there is insufficient quality of the internet, the Company will provide a bonded 4G streaming encoder at the expense of the Artist.

 

  • In the event, a Live Event fails to correctly stream on the Website you will be informed of a new date for the Live Event.

 

  1. Company Services
    • All Company Services are on offer to the Artist.

 

  • Content Services
    • Facilitating all aspects relating to the setting up, hosting, streaming and maintaining of all Content,
    • Full assistance for all Content including, but not limited to, easy to follow simplified procedures, technical recommendations, checklists, FAQ, and setup guides.

 

  • Production Services
    • Full production and technical assistance to facilitate smooth Production and avoid errors,
    • Pre-show quality checks,
    • Sound checks via the “Backstage Rockifi” before streaming,
    • Live maintenance,
    • Production team options for Live Events and live Content.

 

  • Venue Services
    • Assistance in attempting to source suitable Venues including,
      • Live music venues,
      • Concert venues,
      • Bars,
      • Clubs,
      • Recording studios,
      • Warehouses,
        • Venues must have a suitable internet connection to facilitate streaming as deem suitable by the Company.
          • In the event there is insufficient quality of the internet, the Company will provide a bonded 4G streaming encoder at the expense of the Artist.

 

  • The Company may provide:
    • Assistance during live Content and live Events,
    • Live Event assistance,
    • Full Venue Assistance,
      • Facilitate the Artists vision within a defined budget,
      • Ensure Venue production and technical settings are optimised including,
      • Codecs,
      • Streaming settings,
    • The option to hire a partnered external Production Company with a view of creating memorable, original, and unique footage at a fixed rate with the ability to provide all necessary items for high-quality production, including but not limited to all relevant equipment, lighting, cameras and filming.

 

  • Marketing Services
    • The Company utilises an International multilingual, global network of talented marketers facilitating multiple types of social media (Facebook, Instagram, etc.) the creation of social media accounts, advertising campaigns, and social media management for 35 languages.
      • An estimate will be provided upon request,
        • Prices vary per language.

 

  • The Artist can select languages and world regions to be focused on the marketing of Monetised Content.

 

  • Facilitation of an Artist Page for the Artist.
    • The Company will provide the Artist with a link to the setup of the Artist Page.
    • Details of all Marketing Services shall be contained with a separate written and signed agreement.

 

  • Sponsorships Services
    • Artists can generate additional revenue from Content through Event Sponsorships.

 

  • At times, the Company will promote offers to the Artist from various relevant brands who wish to sponsor Content.

 

  • The revenue share and amounts are dependent on the brand and are determined on a case-by-case basis.

 

  • The Company will inform you of relevant Sponsorship offers.

 

  • If you do not wish to receive Event Sponsorship offers please inform us.
  • Details of all Sponsorship Services shall be contained with a separate written and signed agreement.

 

  • Real-time Feedback & Exposure to the Rockifi Community
    • The Company’s ‘Rock Horns’ rating button gives fans a unique feedback mechanism that allows Artists to gauge their performance from the fans' perspective in addition to a wide range of related and community features.

 

  • Flexibility
    • The Company prides itself in being flexible by fully facilitating the Artist, taking on-board all ideas and concepts including, but not limited to;
      • Ideas relating to Content, Lives Event, Merchandise and the Services provided,
      • Album play-through,
      • Promotion of limited edition items,
      • Festivals,
      • Promoting Causes such as a socially distanced concert stream,

 

  • Merchandising Services (See Clause 5)

 

  1. Merchandising Services
    • The Artist can select to use the Merchandising Services of the Company.

 

  • If the Artist selects to use the Company’s Merchandising Services:
    • The Artist shall provide the Company with a non-exclusive right to sell Merchandise of the Artist on the Website.

 

  • All Merchandise sold on the Website shall be manufactured and produced by the Company’s reputable third-party Partner (“Probity Merch”), the Partner shall:
    • Provide full assistance, advice and recommendations on the best way to achieve the quality and quantity to facilitate sales.
    • Provide multiple options for any size based on budget, artwork, products, etc.

 

  • The Company shall provide the Artist with a spreadsheet with all Orders for Merchandise containing all relevant details.

 

  • Details of all Merchandise shall be contained with a separate written and signed Agreement.

 

  • Artists shall always be responsible for:
    • Creating Merchandise bundles,
    • Fulfilment of orders.

 

  1. Artist’s Duties, Obligations, and Responsibilities
    • You acknowledge that we are providing Content to Users on the Website and you acknowledge that the Company is only acting as an intermediary.
      • The Company cannot guarantee any amount of purchases, the quality of the experience, or the conduct of the Users.

 

  • The Artist grants to the Company, and its affiliates and licensees, on behalf of the Artist as well as any publishing company administering or the relevant party owning any relevant Intellectual Property used by the Artist as Content on the Website, the right to freely use, unless otherwise agreed, all Content for all purposes on the Website.
    • The rights to use a VOD’s shall be agreed prior to the Event.
      • The Artist can request that VOD content is removed.
        • Upon acknowledgement of the removal request, the Company shall remove the VOD content within 48 hours.

 

  • The Artist shall confirm to such publisher and/or the relevant party owning any relevant Intellectual property used by the Artists as Content, that the Artists has directly granted the Company the rights to use the Content.

 

  • The Company is not responsible nor shall the Company be liable for any of the Content.
  • The Artists understands and accepts their following Duties, Obligations, and Responsibilities;

 

  • To provide the Company with access to all information, necessary materials, relevant detail and specific legal text that may be required electronically, or otherwise, required to facilitate Content and the Services, and to supply them in a timely manner with sufficient clearance to carry out the Services and facilitate the Content.

 

  • Ensure that all details and materials are compliant in terms of ASA advertising standards, are properly licensed for commercial & advertising use, and are fully GDPR compliant.

 

  • To authorise the Company to use all the Artists logos, trademarks, Website images, etc., as deemed necessary by the Company to conduct and fulfil the Services.

 

  • To maintain open and frequent Communication with the Company as is required for the completion of the Services.
    • If the Company does not receive sufficient Communication for the Services, this may hinder the overall Services or result in late delivery or failure of Services.
      • You agree, and hereby consent and allow, to the fullest extent provided under applicable law, for the Company to record any and all Communications between the Parties.

 

  • The Artist must adhere to these Terms, the User Terms of Use, the terms contained with the Artist Agreement, and all other of the Company’s legal documents available on the Website.
    • Clauses in this Terms supersede any clauses of the Users Terms of Use.

 

  • The Artist hereby agrees they are responsible for:
    • All Content and Live Events they provide via the Website.
    • Providing accurate descriptions of Ticket and E-Ticket Bundles (merchandise, albums, clothing, etc),
    • Setting defined Scheduling, Duration, Pricing, Bundles, Offers, Promotions, as described within these Terms and the Artist Agreement,
    • Undergoing basic quality control checklists by the Company prior to any live Content beginning,
    • Ensuring an appropriate internet connection, to the standards of the Company, is available for use to provide live Content,
    • Ensuring suitable technical, audio, and video quality of Content, as dictated by the Company.
    • Using recommended and correct technical, audio, and video aspects to facilitate smooth and reasonable Content to the standards of the Company.
    • Completing all detail of the Artist Page, including text, images, and links,
    • Supplying all data as per the Company’s definition of acceptable means of data.
    • Providing and maintaining an accurate account, band, and personal information of all relevant individuals and legal entities.

 

  • The Artist agrees that they will not:
    • Post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information,
    • Post or transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise,
    • Use the Website for business other than as the Website is intended,
    • Engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording,
    • Engage in any unlawful activity,
    • Abuse our resources, including support services.

 

  1. Companies Duties, Obligations & Responsibilities
    • The Company shall comply with all terms of these Terms, adhere to all timeframes, and provide all necessary information to the Artist for the performance of these Terms.
    • The Company will maintain open and frequent Communication with the Artist as is required for compliance with these Terms.

 

  1. Financial & Remuneration
    • The Company only charges a flat fee on certain Services as defined below, the flat fee is for the purposes of;
      • Handling and transactions,
      • Merchant payment provider costs,
      • Event page hosting,
      • Streaming software costs,
      • Support and setup costs,
      • Merchandise customer data handling and relevant provisions,
      • Community and chat panel costs and,
      • Other costs for the general maintenance and running of the Website.

 

  • The Company will compensate the Artist, any and all fees are billed in accordance with and at the dates ordered.

 

  • The total amounts due to the Artist by the Company are as follows:

 

  • Tickets
    • The Artist determines the price of the Tickets.
    • The Company is entitled to a flat fee per ticket of 12% (twelve percent) which is added to the Ticket price at the final purchase checkout.

 

  • E-Ticket Bundles
    • The Artist can determine the price of E-Ticket Bundles.
      • The Company is entitled to a flat fee per ticket of 12% (twelve percent) which is attached to the E-Ticket Bundle price.

 

  • Video(s) on Demand
    • The Artist can determine the price for Videos on Demand.

 

  • Donations
    • Donations shall be facilitated;
      • By the Artists through the third party provider; GoFundMe or,
      • By the Company to be paid into the Artists Bank Account, in exchange for a 10% revenue share of all Donations, without consideration to related expenses.

 

  • Live Events
    • The Artist may determine the price for Live Events.

 

  • Sponsorships
    • Shall be determined on a case-by-case basis.

 

  • Terms of Payment
    • Payment of ongoing Ticket, E-Ticket Bundles, Video(s) on Demand, Merchandise, Donations, and Sponsorships payments are transferred at the end of each calendar month.

 

  • Payment for Live Events(s) is transferred 3 (three) working days after the Live Events(s).
  • Additional Services: Any and all additional services not listed in this Agreement will be agreed in writing between the parties.

 

  • The Company will provide the Artist with an invoice containing all information regarding Remuneration.

 

  • Refund & Cancellation: The Artist agrees that in any and all events, refunds shall be governed by Refund and Cancellation policy as stated on our Terms of Use.

 

  1. Status of the Parties
    • The Company shall always be considered to act in the capacity of an intermediary to the Artist.

 

  • The Artists shall always be considered an external third party providing Services to the Company.

 

  • Nothing in these Terms shall create a partnership, employment, or agency between any of the parties.

 

  1. Intellectual Property Rights
    • Intellectual Property Rights includes Patents, Copyright, Trademarks, Content, audio, visuals, practices, techniques, models, practices rights to inventions, and neighbouring and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

  • The Parties and their relevant licensors shall retain ownership of all their Intellectual Property Rights. Any Content, artwork, images, or text supplied.
    • The Company may request in writing from the Artist, the necessary permission to use materials (for which the Artist holds the copyright) in forms other than for which it was originally supplied.

 

  • By supplying Content, Live Events, audio, visuals, images, text, or any other data stipulated in these Terms to the Company, the Artist grants the Company permission to use all material freely in the pursuit of fulfilling the Products and Services.
    • Should the Artist supply any Content, image, text, audio clip, video clip, or any other file for use on the Website which subsequently emerges to have such copyright or royalty usage limitations, the Artist will immediately inform the Company.

 

  • The Artist shall indemnify the Company in full against any sums awarded by a court against the Company arising out of or in connection with any claim brought against the Company for infringement of a third party’s rights (including any Intellectual Property Rights) arising out of or in connection with the receipt or use of Content.

 

  • The Parties respects the intellectual property of the other Party and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Website infringes copyright, please submit a notice.
  1. Social Media Privacy Policy
    • The Company utilises reputable Social Media providers to facilitate Marketing purposes, including but not limited to Facebook and Instagram (collectively referred to as “Social Media” and “Social Media Platforms”).

 

  • Social Media platforms' custom audiences feature enables the Company to create an audience. When using Social Media platforms custom audiences feature, data is locally hashed on systems before uploaded and passed to the specific Social Media provided to be used to create your custom audience (the "Hashed Data"). Without limiting any agreement between you and the Social Media platforms, the Artist agrees to pass to the Company and/or, directly or indirectly, the Social Media platforms Hashed Data, or using custom audiences or advertising, the Artist agrees to the following:

 

  • You represent and warrant, without limitation, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Social Media identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.

 

  • If you are providing Hashed Data, you agree to provide the Company with data that is owned by you and not to augment or supplement the data with other data except as expressly authorised by the Social Media platform. You represent and warrant that you have the authority to use such data.

 

  • You represent and warrant that the Hashed Data does not relate to data about any legal entity or individual who has exercised an option that you have, directly or indirectly, committed to honouring or provided to opt-out of having that data disclosed and used by you or on your behalf for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.

 

  • You instruct the Company and/or indirectly the Social Media platforms to use the Hashed Data for the matching process. The Company nor the Social Media platforms will share the Hashed Data with third parties or other advertisers and will delete the Hashed Data promptly after the match process is complete. The Company and Social Media platforms will maintain the confidentiality and security of the Hashed Data and the collection of Social Media User IDs that comprise the custom audience(s) created from your Hashed Data ("your custom audience(s)"), including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within the Social Media platforms systems and (b) guard against the accidental or unauthorised access, use, alteration or disclosure of data within the Social Media platforms systems.

 

  • Social Media platforms will not release or give access to or information about the custom audience(s) to third parties or other advertisers, use your custom audience(s) to append to the information we have about our users or build interest-based profiles or use your custom audience(s) except to provide services to you unless we have your permission or are required to do so by law.

 

  • Social Media platforms may modify, suspend, or terminate access to, or discontinue the availability of, the custom audiences feature at any time. You may discontinue your use of the custom audiences feature at any time. You may delete your custom audience(s) from the Social Media platforms system at any time through your account tools.

 

  • These Custom Audiences Terms and, to the extent applicable, the Data Processing Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature, and your use of custom audiences for advertising.

 

  1. Rights of Refusal
    • The Company will not include on the Website any Content, audio, video clips, streams, designs, any text, images, or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Company also reserves the right to refuse to include submitted material without giving a reason. In the situation where any such data that the Company does include in all good faith, and subsequently discovers is in contravention of these Terms, the Artist is obliged to allow the Company to remove the contravention without hindrance, or penalty. The Company is to be held in no way responsible for any such data being included.

 

  1. Notices
    • Any Notice given under these Terms shall be in writing and shall be delivered through Electronic Communication.

 

  • Address for Service of Electronic Communication Notice:

 

[email protected]

 

 

  1. Dispute Resolution
    • Should any dispute, disagreement or claim (hereinafter known as the “Dispute”) arise between the Parties concerning these Terms, the Parties shall try to resolve the dispute by negotiation.

 

  • Negotiation includes one Party inviting the other, in writing, to a meeting and to attempt to resolve the dispute within 7 (seven) days from the date of the written invitation.

 

  • The meeting can be conducted in person or through any means of Communication.

 

  • If the receiving Party is unable for reasonable reasons, they must contact and inform the other Party as soon as possible and attempt to arrange a date in the reasonable future.

 

  • If the Dispute has not been resolved by such negotiation, the Parties shall resolve the matter under the Rules of the National Arbitration Laws of Scotland.

 

  • Both Parties hereby expressly waive their rights to a trial within any court regarding any form or type of Dispute arising from these Terms or regarding the Company in any and all capacities.

 

  • Both Parties further agree to the findings of the Arbitrator to be full, final and legally binding upon the Parties, rendered as if it were a decision in Scottish courts of law.

 

  • All findings of the Arbitrator shall be fully enforceable within the relevant courts within an appropriate jurisdiction, as determined and deemed appropriate by the Parties.

 

  1. Indemnification
    • The Artist shall indemnify and hold harmless the Company (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred by the Company as a result of any claim, judgment, or adjudication against the Company related to or arising from;

 

  • Any Content, audio clips, video clips, photographs, illustrations, graphics, text, data or any other information, display, or material (whether written, graphic, sound, or otherwise) provided by Artist to The Company, or;

 

  • A claim that the Company's use of the Artist Content infringes the Intellectual Property rights of a third party.

 

 

  1. Performance
    • If the Company’s performance of its obligations under these Terms is prevented or delayed by any act or omission of the Artist, its agents, subcontractors, consultants, employees or technical issue, the Company shall:
      • Not be liable for any costs, charges or losses sustained or incurred by the Artist that arise directly or indirectly from such prevention or delay,
      • Be entitled to recover any additional costs, charges or losses the Company sustains or incurs that arise directly or indirectly from such prevention or delay.

 

  1. Transfer and Assignment
    • These Terms are binding upon all Successors and Assign the Parties hereto and the names of the Party appearing herein shall be deemed to be included in the name of its successors.

 

  1. Waiver
    • No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same as other provisions of these Terms.

 

  1. Third-Party Rights
    • Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

 

  • The rights of the parties to rescind or vary these Terms are not subject to the consent of any other person.

 

  1. Force Majeure
    • Neither Party shall be held responsible for any delay or failure in performance of any part of these Terms to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, virus pandemic, civil or military authority, an act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing Party. The affected Party will notify the other Party in writing within ten (10) days after the beginning of any such cause that would affect its performance.

 

  1. Disclaimer of All Other Warranties
    • THE COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES WILL MEET THE ARTIST'S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH ARTIST. EXCEPT AS OTHERWISE SPECIFIED IN THESE TERMS, THE COMPANY PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THESE TERMS, PERFORMANCE OR INABILITY TO PERFORM UNDER THESE TERMS, THE CONTENT, AND EACH PARTY'S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THESE TERMS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THESE TERMS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

 

  1. Sever-ability
    • These Terms and the User Terms of Use in conjunction with the signed Artists Agreement sets forth and constitute the entire agreement and understanding of the Parties with respect to the subject matter hereof.

 

  • If any provision (or part of a provision) of these Terms is found by any court or Administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

 

  • The terms of these Terms shall remain enforceable regardless of conflicting terms in any referenced agreement or document.

 

  • These Terms in conjunction with the signed Artists Agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any Party.

 

  • No modification of these Terms shall be of any effect unless set forth in writing and signed by both parties.

 

  • If any provision (or part of a provision) of these Terms is found by any court or Administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

 

  • If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

 

  1. Interpretation
    • The rule of interpretation that in the event of a dispute between Parties, these Terms shall be interpreted against the drafter, shall not apply in this instance.

 

  1. Confidentiality
    • Confidential Information for the purposes of these Terms shall amount to any and all information sent to the other Party in confidence. This includes sensitive information, bank details, customer information, addresses, and all other information that a reasonable person would consider confidential.

 

  • The Parties undertakes that they shall not at any time after the date of these Terms use, divulge or communicate to any person (except to his professional representatives or advisers or as may be required by law or any legal or regulatory authority) any Confidential Information concerning the terms of these Terms, the business or affairs of the other Party which may have (or may in future) come to their knowledge, and each of the Parties shall use his reasonable endeavours to prevent the publication or disclosure of any confidential information concerning or connected to such matters.

 

  1. Third-Party Rights
    • Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

 

  • The rights of the parties to rescind or vary these Terms are not subject to the consent of any other person.