Terms and Conditions

FESTYVENT TERMS AND CONDITIONS (EVENT ORGANISERS)

Welcome to the Festyvent terms of use for event organisers. Festyvent is operated by us, Clarifi Media Limited. We help you to put on festivals, plan events or organise a one-off gathering. These terms and conditions are for event organisers if you are a user of one of our apps, please refer to the separate terms for users.

These terms cover you whether you are using the Festyvent Surfer service or any of the Festyvent custom services (i.e. Custom DIY, Custom Pro or Festyvent Enterprise). There are some terms which are only relevant to particular Festyvent service(s). These terms are clearly identified as such below.

We supply our services through the Festyvent website at www.festyvent.com (the ‘site’). Please read these terms carefully before submitting your request to us to use one of the Festyvent services.

In these terms, an ‘App’ means either (i) the custom app we help you to design and/or build for your event or (ii) your event as listed within the Festyvent Surfer app.

References to ‘Festyvent’ mean the site and/or the App. If you do not agree to these terms, you must not use Festyvent.

WHAT DO WE MEAN BY ‘TERMS OF USE’?

This document (and any documents referred to in it) sets out the basis on which you may use Festyvent. That includes accessing, browsing, downloading, uploading or registering to use Festyvent or, where relevant, the Festyvent Platform (as defined below).

By clicking accept and transferring the relevant fees, you confirm that you accept these terms and agree to comply with them. We reserve the right to discontinue any aspect of Festyvent at any time.

Other applicable terms

The following additional terms also apply to your use of Festyvent:

  • Our Privacy Policy here, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Festyvent, you consent to such processing and you warrant that all data provided by you is accurate.

INFORMATION ABOUT US

Clarifi Media Limited is registered in England and Wales under company number 08244450. Our registered office is at Winnington House, 2 Woodberry Grove, North Finchley, London, N12 0DR. Our trading address is 3rd Floor, 6-8 Bonhill Street, London, EC2A 4BX. We are a limited company.

CHANGES TO THESE TERMS

We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as you will be bound by them if you continue to use Festyvent. The date that we last amended these terms is at the end of this document.

ACCESSING FESTYVENT

Festyvent is made available to event organisers in various different forms. The most basic service is Festyvent Surfer where your event sits within our dedicated Festyvent app. The most complex service is Festyvent Enterprise, a fully managed service which offers you a single dedicated App for multiple events. Regardless of which Festyvent service you select, you can access and input information regarding your event using our event organiser platform (the ‘Festyvent Platform’).

The charges associated with each type of access are available here. You may only access and use the relevant Festyvent service if you have paid (and in the case of Festyvent Enterprise, continue to pay) these fees. The terms associated with these fees are discussed in more detail below.

The Festyvent App is only available on the Apple App Store and Android Google Play store.

Festyvent is not intended to be generally accessible to individuals under 18 years old. Therefore, no one may use Festyvent unless aged 18 or over.

We do not guarantee that Festyvent, the Festyvent Platform, or any content on it, will always be available or be uninterrupted. Access to Festyvent and the Festyvent Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Festyvent or the Festyvent Platform without notice. We will not be liable to you if, for any reason, Festyvent or the Festyvent Platform is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to Festyvent and the Festyvent Platform.

You are also responsible for making sure that anyone who accesses Festyvent or the Festyvent Platform is aware of these terms of use, the terms and conditions for users and other applicable terms and conditions, and that they comply with them.

APP LICENCE

Subject to these terms, we grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable licence (‘Licence’) to: (i) download, install and use the App on a mobile telephone, tablet, computer or device (each, a ‘Device’) that you own or control; (ii) access and use the App on that Device in accordance with these terms (the ‘Download Licence’).

For each Festyvent service (as described here), following payment of the relevant fee we grant you a Licence to build or develop your own dedicated event app using the Festyvent Platform (the ‘Platform Licence’).

These Licences are provided on the basis that you do not:

  • copy Festyvent or the Festyvent Platform except where such copying is incidental to normal use or necessary for back-up or operational security;
  • rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Festyvent or the Festyvent Platform;
  • alter or modify the whole or any part of Festyvent or the Festyvent Platform or permit any part of it to be combined with, or become incorporated in, any other programs;
  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Festyvent or the Festyvent Platform or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program; or
  • provide or otherwise make available Festyvent or the Festyvent Platform in whole or in part (including object and source code) without prior written consent from us.

FEES

Your use of Festyvent and the Festyvent Platform requires an internet connection or data access. You are responsible for any third party charges associated with this access.

The Download Licence is granted free of charge in relation the Festyvent Surfer app and on completion in relation to the custom apps.

Our fees for the various Festyvent services are set out here. By registering for and using Festyvent you agree to pay the applicable fee for the service you have selected. We will not provide access to the Festyvent Platform until you pay the relevant fee. In the case of Festyvent Enterprise, we will cease to provide access to the Festyvent Platform after your Platform Licence terminates.

YOUR ACCOUNT AND PASSWORD

In order for us to help you create your App you will need to create a Festyvent account.

You are responsible for the accuracy and completeness of all information you provide to us. This includes information concerning your name, address, credit card number, and other identifying information of any nature. If any of this information changes over time, you are responsible for providing the current information.

If you provide (or we have reasonable grounds to suspect that you have provided) any information that is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your account and cease to provide you with access to the Festyvent Platform.

In order to avoid malicious or fraudulent third party use of your account it is important that you keep your account information safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential.

If you know or suspect that anyone other than you (or someone you trust and have authorised to have access) knows your user identification code or password, you must promptly notify us at [email protected].

You may not register an account or create an event using:

  • the same name as another person or legal entity (unless you share that name);
  • a registered trade mark (unless the registered trade mark is the same as your legal name); or
  • with any offensive, vulgar or obscene name.

We have the right to disable any user identification code or password, whether chosen by you or or a user, or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of Festyvent Surfer and the Festyvent Platform, including the interface, design and underlying code. Any Apps built using Festyvent will remain our property subject to the Licences provided above. You acknowledge that you have no right to access the App in source code form. We also own any promotional materials associated with us, Clarifi Media, or the services we provide, including Festyvent (such as the website).

All copyright works on Festyvent are protected by copyright laws and treaties around the world. All such rights are reserved.

We own various unregistered trade marks in the CLARIFI MEDIA and FESTYVENT names and logos. You may only use these names with our prior written consent.

User generated content

Festyvent allows users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (user generated content or ‘UGC’). Users are responsible for all UGC that they post on to Festyvent, including its legality, reliability, and appropriateness.

Festyvent’s users retain any and all rights to any UGC they submit, post or display on or through Festyvent. By posting UGC, users grant us and you the right and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through Festyvent. You may not use any UGC for any other commercial purposes such as advertising or press releases without first discussing the use with us and, if appropriate, the relevant user first.

Content

You understand that when using the Festyvent Platform you will be given the opportunity to upload or provide us with materials to upload. You are solely responsible for the accuracy, usefulness, safety, or intellectual property rights of all materials which you upload, provide to us to upload or publish in any other way through the App.

You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and grant us the rights and licence as provided in these terms; and (ii) the content you upload or provide to us to upload does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You are entirely responsible for all content you post or otherwise transmit via Festyvent. We are not responsible for any such content, and assume no responsibility for monitoring Festyvent for inappropriate or illegal content or conducts.

You agree not to engage in the use, copying, or distribution of the Festyvent Platform or any third party content on Festyvent other than expressly permitted herein, including any use, copying, or distribution of social media contributions or contributions of third parties.

Content standards

The following content standards apply to any and all material which you or your users contribute to Festyvent, including any materials which you or they may provide to us to upload to an App on your behalf (‘contributions’).

You must comply with the spirit and the letter of the following content standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trade mark or other intellectual property right of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Breach of content standards

We will determine, in our discretion, whether there has been a breach of these standards.

Failure to comply with our content standards constitutes a material breach of these terms and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our service.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our service.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs, loss and damages on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We also have the right to disclose your identity to any third party who is claiming that any contribution constitutes a violation of their rights including their intellectual property rights or their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any contributions.

REMOVAL OF UNAUTHORISED MATERIAL

We will remove unauthorised material:

  1. on notice from the owner of the relevant rights, or their authorised representative, in the following circumstances:
  • the whole or a substantial part of their work has been copied;
  • their registered trade mark (or a mark which is confusingly similar to their registered trade mark) is being used to promote a third party’s product or service; and/or
  1. if a contribution breaches the content standards set out above.

DATA PROTECTION

We warrant that, to the extent that we process any personal data on your behalf, we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Unless otherwise stated, we control and own the data collected by the App. We are a registered data controller for the purposes of the Data Protection Act 1998.

Other than for Festyvent Surfer (where we grant no rights to the data), we grant you a non-exclusive licence to access and use the data. You will be able to access the data directly via the Festyvent Platform. On request we can provide the data in spreadsheet form. Any data which you receive directly or indirectly from us may only be used in accordance with the terms on which the data was gathered, as set out in the Festyvent privacy policy [INSERT LINK].

LIMITS TO OUR LIABILITY

No reliance on information

The content on Festyvent is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Festyvent.

Although we make reasonable efforts to update the information on Festyvent, we make no representations, warranties or guarantees, whether express or implied, that the content on Festyvent is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Festyvent or the Festyvent Platform, whether express or implied.

We shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, Festyvent or the Festyvent Platform; or
  • use of or reliance on any content displayed on Festyvent or the Festyvent Platform.

We have no liability to you for any business interruption, loss of profit, loss of business, loss of opportunity, loss of goodwill or loss of reputation.

Festyvent and the Festyvent Platform is controlled and offered from our facilities in the United Kingdom. Any use of Festyvent or the Festyvent Platform from other territories is at your discretion.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Festyvent or the Festyvent Platform or to your downloading of any content on Festyvent, or on any website linked to it.

We assume no responsibility for the content of websites linked on Festyvent or the Festyvent Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We exclude liability for actions taken in response to breaches of our content standards by you or any users. For the avoidance of doubt, the views expressed by users on Festyvent do not represent our views or values.

In any event, our liability to you will not exceed the total amount you have paid in the last six months (pro rata).

Timing for inclusion on the App Store or Google Play

In order for us to ensure that your App is listed on the App Store or the Google Play store sufficiently far in advance of your event, you must provide all required information to the Festyvent Platform in a timely manner.

We exclude all liability for any delays which Apple and Google may take in approving and listingthe App.

Whilst we will use our reasonable endeavours to ensure that your App is not rejected from the App Store or Google Play store, we cannot guarantee that your App will be accepted onto either platform.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

If an Event Outside Our Control takes place that affects the performance of our obligations under this agreement:

  • our obligations under this agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
  • we will use our reasonable endeavours to find a solution by which our obligations under this agreement may be performed despite the Event Outside Our Control.

VIRUSES AND OTHER MISUSE OF FESTYVENT

We do not guarantee that Festyvent will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access Festyvent. You should use your own virus protection software.

You must not misuse Festyvent by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Festyvent, the server on which Festyvent is stored or any server, computer or database connected to Festyvent. You must not attack Festyvent via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Festyvent will cease immediately.

In addition, you must not use or launch any automated systems such as ‘robots’, ‘spiders’ or load testers which access Festyvent.

You must not misuse any personal data which you receive from us directly or indirectly. Misuse means any use which is not permitted in the Festyvent privacy policy.

LINKING TO FESTYVENT

You may link to or from Festyvent provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The third party website or app with which you are linking must comply in all respects with the content standards set out above. We reserve the right to withdraw linking permission without notice.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

If you wish to make any use of content on Festyvent other than as set out above, please contact [email protected].

THIRD PARTY LINKS AND RESOURCES IN FESTYVENT

Where Festyvent contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources and accept no responsibility for their content.

TERMINATION

Your Download Licence and Platform Licence will terminate if you do not pay the fees or if you breach these terms and conditions.

WHAT HAPPENS AT THE END OF AN EVENT?

At the end of a Festyvent Surfer event, all details of the event will be removed from the Festyvent Surfer App.

At the end of all other events, the relevant App will remain available for users to download and you will still have access to the Festyvent Platform subject to these terms.

You must not attempt to reactivate an event once it has finished.

APPLICABLE LAW

These terms of use are governed by English law and subject to the non-exclusive jurisdiction of the courts of England and Wales.

WHOLE AGREEMENT

These terms and conditions constitute the entire agreement between us. These terms supersede any previous statements, agreements, or representations, whether written or oral, including any statements on the site.

CONTACT US

To contact us with any questions regarding these terms of use, please email [email protected]. Formal notice under these terms will only be effective if sent in writing to Clarifi Media Limited, Winnington House, 2 Woodberry Grove, North Finchley, London N12 0DR, United Kingdom.

These terms were last updated on 29th January 2015. Thank you for using Festyvent.

FESTYVENT TERMS AND CONDITIONS (USERS)

Welcome to the Festyvent terms of use. We appreciate that legal terms aren’t everyone’s favourite reading matter but it is important that you take a look so that you can understand a bit more about how Festyvent works and how to get the most out of Festyvent.

Please read these terms carefully before using the Festyvent website at www.festyvent.com (the ‘site’) and the Festyvent app operated by us, Clarifi Media Limited (the ‘app’). References to ‘Festyvent’ mean the site and/or the app. If you do not agree to these terms, you must not use Festyvent.

WHAT DO WE MEAN BY ‘TERMS OF USE’?

This document (and any documents referred to in it) sets out the basis on which you may use Festyvent. That includes accessing, browsing, or registering to use Festyvent.

By using Festyvent or creating an account, you confirm that you accept these terms and agree to comply with them. We reserve the right to modify or discontinue any aspect of Festyvent at any time.

Other applicable terms

The following additional terms also apply to your use of Festyvent:

  • Our Privacy Policy see here, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Festyvent, you consent to such processing and you warrant that all data provided by you is accurate.

INFORMATION ABOUT US

Clarifi Media Limited is registered in England and Wales under company number 08244450. Our registered office is at Winnington House, 2 Woodberry Grove, North Finchley, London, N12 0DR. Our trading address is 3rd Floor, 6-8 Bonhill Street, London, EC2A 4BX. We are a limited company.

CH-CH-CHANGES

Changes to these terms

We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as you will be bound by them if you continue to use Festyvent. The date that we last amended these terms is at the end of this document.

Changes to Festyvent

We may update Festyvent and may change the content provided through it at any time. Please note we are under no obligation to update the content and that any of the content on Festyvent may be out of date or incorrect at any given time.

ACCESSING FESTYVENT

Festyvent is made available to consumers like you free of charge.

Festyvent is not intended to be generally accessible to persons under 18 years old. Therefore, you may only use Festyvent if you are 18 or over.

We do not guarantee that Festyvent, or any content on it, will always be available or be uninterrupted. Access to Festyvent is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Festyvent without notice. We will not be liable to you if, for any reason, Festyvent is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to Festyvent.

You are also responsible for making sure that anyone who accesses Festyvent through your internet connection is aware of these terms of use and other applicable terms and conditions, and that they comply with them.

APP LICENCE

Subject to these terms, we grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable licence (‘Licence’) to: (i) download, install and use the app on a mobile telephone, tablet, computer or device (each, a ‘Device’) that you own or control; and (ii) access and use the app on that Device in accordance with these terms.

YOUR ACCOUNT AND PASSWORD

We’ve all seen what can go wrong with account hijacking. In order to avoid malicious or fraudulent third party use of your account it is important that you keep your account information safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential.

If you know or suspect that anyone other than you is misusing your user identification code or password, you must promptly notify us at [email protected].

You may not register an account using:

  • the same name as another person or legal entity (unless you share that name);
  • a registered trade mark (unless the registered trade mark is the same as your legal name); or
  • with any offensive, vulgar or obscene name.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

INTELLECTUAL PROPERTY RIGHTS

Festyvent uses intellectual property from a number of sources, including user generated content. We are the owner or the licensee of Festyvent itself, including the interface, design and underlying code. We also own any promotional materials associated with us, Clarifi Media, or the services we provide, including Festyvent (i.e. the app and the site).

The remaining material on Festyvent consists of a mixture of user generated content and third party content. The conditions regarding user generated content are set out below. The owner of third party content may be, for example, a band, their management or someone else connected to an event. We do not license any third party content and you may not use this content without the copyright owner’s permission. If you’re not sure you the copyright owner is, you can contact the event organiser to find out. If you are in any doubt as to the owner, please contact the event organiser.

All copyright works on Festyvent are protected by copyright laws and treaties around the world. All such rights are reserved.

We own various unregistered trade marks in the CLARIFI MEDIA and FESTYVENT names and logos.

You must not use any part of the content on Festyvent for commercial purposes without obtaining a licence to do so from us or the relevant copyright owner. You may only take copies for your own reasonable use.

CONTENT ON FESTYVENT

You understand that when using Festyvent you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.

You agree not to engage in the use, copying, or distribution of Festyvent other than as expressly permitted herein, including any use, copying, or distribution of social media contributions or contributions of third parties obtained through Festyvent for any commercial purposes.

User generated content

Festyvent allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (user generated content or ‘UGC’). You are responsible for the UGC that you post on to Festyvent, including its legality, reliability, and appropriateness.

You retain any and all of your rights to any UGC you submit, post or display on or through Festyvent and you are responsible for protecting those rights. By posting UGC you grant us and the event organisers the right and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through Festyvent. You agree that this licence includes the right for us and the event organisers to make your UGC available to other users of Festyvent, who may also use your UGC subject to these terms of use.

You represent and warrant that: (i) the UGC is yours (you own it) or you have the right to use it and to grant us the rights and licence as provided in these terms; and (ii) the posting of your UGC on or through Festvent does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You are entirely responsible for all UGC you post or otherwise transmit via Festyvent. We are not responsible for any UGC, and assume no responsibility for monitoring Festyvent for inappropriate or illegal content or conducts.

User Generated Content standards

These UGC standards apply to any and all material which you contribute to our site (‘contributions’).

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trade mark or other intellectual property right of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • Attempt to promote your commercial interests (for example use of Festyvent for ambush marketing).
  • Imply sponsorship or endorsement of you or your commercial interests by (i) the event organisers, (ii) any persons appearing at the event such as bands or other performers, or (iii) us.

Breach of user generated content standards

We will determine, in our discretion, whether there has been a breach of these UGC standards through your use of Festyvent. When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with our UGC standards constitutes a material breach of these terms upon which you are permitted to use Festyvent, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use Festyvent.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to Festyvent.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs, loss and damages on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We also have the right to disclose your identity to any third party who is claiming that any UGC posted or uploaded by you to Festyvent constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any UGC posted by you or any other user of Festyvent.

REMOVAL OF UNAUTHORISED MATERIAL

We will remove unauthorised material:

  1. on notice from the owner of the relevant rights, or their authorised representative, in the following circumstances:
  • the whole or a substantial part of their work has been copied;
  • their registered trade mark (or a mark which is confusingly similar to their registered trade mark) is being used to promote a third party’s product or service; and/or
  1. a contribution breaches the user generated content standards set out above.

Notice will only be effective if it is sent to [email protected] with the subject line: TAKE DOWN REQUEST. It must include the following information:

  • The name of the complainant;
  • Proof of authorisation (if relevant); and
  • Evidence to support the application (for example, proof of ownership of the copyright work – a link to the relevant website page is sufficient).

LIMITS TO OUR LIABILITY

No reliance on information

The content on Festyvent is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Festyvent.

Although we make reasonable efforts to update the information on Festyvent, we make no representations, warranties or guarantees, whether express or implied, that the content on Festyvent is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Festyvent or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, Festyvent; or
  • use of or reliance on any content displayed on Festyvent.

We only provide Festyvent to you for domestic and private use. You agree not to use Festyvent for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the event itself or any of the performers or acts appearing at the event. The fact that we are providing an app for use at the event should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your attendance at the event.

Festyvent is controlled and offered from our facilities in the United Kingdom. Any use of Festyvent from other territories is at your discretion.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Festyvent or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites or apps linked on Festyvent. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.

We exclude liability for actions taken in response to breaches of our content standards. For the avoidance of doubt, the views expressed by other users on Festyvent do not represent our views or values.

In any event, our liability to you will not exceed £100.

VIRUSES AND OTHER MISUSE OF FESTYVENT

We do not guarantee that Festyvent will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access Festyvent. You should use your own virus protection software.

You must not misuse Festyvent by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Festyvent, the server on which Festyvent is stored or any server, computer or database connected to Festyvent. You must not attack Festyvent via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Festyvent will cease immediately.

In addition, you must not use or launch any automated systems such as ‘robots’, ‘spiders’ or load testers which access Festyvent.

LINKING TO FESTYVENT

You may link to Festyvent provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website to which you are linking must comply in all respects with the content standards set out above. We reserve the right to withdraw linking permission without notice.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

If you wish to make any use of content on Festyvent other than as set out above, please contact [email protected].

THIRD PARTY LINKS AND RESOURCES IN FESTYVENT

Where Festyvent contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

APPLICABLE LAW

These terms of use are governed by English law and subject to the non-exclusive jurisdiction of the courts of England and Wales.

CONTACT US

To contact us with any questions regarding these terms of use, please email [email protected]. Formal notice under these terms will only be effective if sent in writing to Clarifi Media Limited, Winnington House, 2 Woodberry Grove, North Finchley, London N12 0DR, United Kingdom.

These terms were last updated on 29th January 2015. Thank you for using Festyvent.