Festibl Registration Terms
Last Updated 16th August 2016
We are Festibl Ltd. (herein referred to as “Festibl”, “we”, “us” or “our”), a company incorporated in England and Wales under registration number 09911122 and whose registered address is at Business Start-Up Hatchery 4th Floor Wynne Jones Building, Ellison Place, Newcastle Upon Tyne, Tyne and Wear, England, NE1 8ST. We host the website (“Website”) at www.festibl.com, and we provide a platform (“Platform”) providing a place for music fans, travellers, thrill seekers, culture cravers and festival organisers (amongst many others) to discover new people and events, connect and share amazing experiences. The “Platform” consists of a web-based community and mobile application (App).
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START USING OUR WEBSITE OR SIGN UP TO OUR PLATFORM – ALL TERM RELATE TO HOW YOU ARE ABLE TO USE THE WEBSITE AND PLATFORM.
Any use of our Website and Platform is subject to the terms stipulated in these Registration Terms (“Terms”). These Terms represents a legally binding document dictating the terms for any user signing up to our Platform or where applicable, using our Website. Use of our Platform is subject to agreeing to all terms set out in these Terms.
These Terms constitutes legally binding terms which by signing up to our Platform, and checking the box to agree to our ‘Terms of Service’, you are consenting to. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Festibl regarding the Platform. If you don’t accept these Terms, you will be able to browse through the home page of the Website and the App, but you won’t be able to do anything else. When you complete your registration by accepting these Terms, there will be a legal contract between you and us.
We may update the Agreement at any time, updating the "Revision Date" at the top of these Terms. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it.
Although we strive to do everything we can to ensure the accuracy of our Website and Platform, we do not guarantee that our Website or Platform, or any content on it, will be accurate, or free from errors or omissions. Please use the Website and Platform at your own risk accordingly. We cannot guarantee that our site, or any content on it, will always be available or be uninterrupted.
By signing up to the Platform, you are agreeing that you have read and understand these Terms and agree to all of the Terms of Service contained. If you do not agree with all provisions of these Terms, you should not use the Platform.
1.1 Our Platform provides registered users with an environment to find and talk to other music fans, with the aim to meet up and attend such events. You agree to comply with all applicable domestic and international laws and regulations regarding your behaviour on our Platform. You also agree to comply with all applicable domestic and international laws and regulations regarding the transfer and transmission of technical data exported from our Website in the United Kingdom or the country in which you reside.
1.2 We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
1.3 We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
2. Registration and Membership:
2.2 You must also provide a genuine and present email address when signing up to the Platform, and then update this email address accordingly over time to ensure it is always valid.
2.5 Festibl is not liable for any loss or damage arising from security breaches relating to the above.
2.6 You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Platform like Festibl means that we may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company).
2.8 We may terminate your account if, at our discretion, we consider that you have become inactive. Generally this will be where you have not interacted with our Service for a year or so, but it may be less and there may be other factors we take into account.
3. Fees and Payments:
3.1 General registration and participation on our Website and Platform is free for users. We have the right to amend these Terms and start charging for access to the Platform and related features at our discretion in the future. We would notify all users accordingly of any changes to these Terms relating to payments or fees at the launch of such services if these occurred. If such fees or payments are introduced for the Platform, or additional features herein, you agree to pay all fees and payments specified and applicable in order to continue to use the Platform.
3.2 Festibl would not be responsible for any expenses or charges you incur through the billing process for such above fees and payments. With any future App developments, additional charges from the service provider, or us, may occur for use of the App.
3.3 Any subscription/membership fees and payments would operate as a rolling agreement, meaning they would be automatically renewed before expiry. As a user, you have the ability to close your account at any point.
3.4 We have the right, in the future, to allow certain third party organisations, such as events or festivals, to request fees for purchases bought through the Festibl Website or Platform. In such an instance where you, as a user, either purchase directly though the Festibl website, or from third party sites advertised through our Website or Platform, Festibl holds no responsibility for the delivery of the purchase (be it tickets/services/products) from the third Party. Accordingly you should look at the third party’s Terms of Service Agreement before completing any transaction.
To the extent that you use third party payments you acknowledge that we do not control the transaction, and that you ultimately bear all risk in connection with the transaction. Subsequently, Refunds of any payment you make to any 3rd Party are subject to their policies and applicable law.
3.5 In relation to any future membership or subscription fees, we have the right to discount or eliminate such fees for various users at our complete discretion. Such offers will not be retrospectively applicable and will relate to certain external terms and conditions upon redemption.
3.6 Festibl has the right to terminate or suspend any user and their account from the Platform at any time for any reason, given or otherwise. You, as the user, also can close and terminate your account yourself through the Settings on the platform.
4. User Information
User Information relates to any information posted or provided (directly or indirectly), by users during the registration process, through the use of our Platform, in any public message board, on your personal profile, or through email. You are solely responsible for this information, and we act as a passive conduit for your online distribution and publication as such.
4.1 All of this User Information which, through the use of our Platform or otherwise, you submit or make available on publicly accessible areas of our Platform is referred to as ‘Public Information’ (your name and location (if provided) are considered Public Information). Non-public information will be regarded as ‘Private Information’. Additionally all areas of our Website and Platform, even where available only to be viewed by 2 or more users, shall be assumed to be Public.
4.2 Users understand that therefore Public Information may be accessible by, and made public through search engines, data feed tools, crawlers, metasearch tools and other similar programs.
In the use of our Website and Platform you, as the user, agree that your user information:
(a) will not be fraudulent;
(b) will not infringe on third party's copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy;
(c) will not violate any law, statute, ordinance or regulation (either in the UK or your residing country whilst accessing the Platform);
(d) will not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(e) will not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
(f) will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(h) will not link directly or indirectly to any materials to which you do not have a right to link to or include;
(i) will not “troll” us or other users for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as “spam”.
4.4 Through providing content on our Website or Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise, commercialise and exploit the copyright, publicity, and database rights you have in your content, in any media now known or not currently known, with respect to your Public Information.
4.5 If you do upload information in breach of this clause 4, we reserve the right to remove it immediately from our Platform. If we remove it we may let you know that we have done this but we reserve the right not to, should we consider the content to be an intentional breach of these Terms. We may allow you to explain why you have uploaded the information but if your explanation is unconvincing or you take an unreasonably long time to respond, we may, at our discretion, terminate your registration.
In this Terms of Service Agreement, ‘Content’ includes, without limitation, videos, audio clips, written posts, comments, information, data, all text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform.
5.2 Ultimately we cannot guarantee the authenticity, accuracy or reliability of any content on the Platform. This includes content provided by Festibl staff, associates or partners themselves.
5.3 Content provided by other users, ourselves, or third party organisations is protected by copyrights and may be protected by trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Therefore you will abide by, and maintain, all such restrictions contained in any Content accessed through the Website or Platform.
5.4 Any use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
5.5 All Content submitting by you, as a user on the Platform, grants us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website, Platform, Marketing, Business and Assets, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds).
5.6 Users also grant each user of the Platform a non-exclusive license to access your content through the Site and/or the Platform, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
5.7 The ownership will remain with the user who originally posted the content.
5.8 All content posted by users will only be done so if you have all rights to grant such licenses to us without infringement or violation of any third party rights.
5.9 We do not control, or have any responsibility for (including any responsibility to remove) the information and Content provided by other users on our Platform. You may find other users' information offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our Platform and consider at all time that there is a risk that you may be dealing with underage persons or people acting under false pretence.
6. Access and maintenance of content:
6.1 We cannot, and do not, guarantee that any content will be available, either periodically or every, on the Platform. Furthermore we do not have an obligation to monitor or uphold the Website or Platform.
6.2 We have the right to delete, block, edit or remove any content at any time, in our sole discretion, without any justification or notification for any reason.
7. Accuracy of our information:
7.1 Whilst we ultimately strive for the highest possible accuracy, all information provided by us, Festibl, or any of our employees, freelancers, associated workers, representatives, or third party companies or festivals (including but not limited to, festival dates, timings, locations, prices or any other) is provided with no guarantee of accuracy, and Festibl is not liable for any loss, perceived or actual, due to inaccuracy of such information, including festival listings, on the Website or Platform. You acknowledge that all information accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to you or another party resulting therefrom.
8. Platform Use:
8.1 You, as the user, are solely responsible for all information (private or public) and content (private or public) which you post, upload, message, transfer or otherwise make public on or via our Platform.
8.2 Ultimately we do not control such public user information or content. We do not guarantee the accuracy, integrity or quality of public user information or content posted by other users. Furthermore we do not endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable.
8.3 We do not have any obligation or responsibility to monitor your information (public or provate) or content (public or private) or any such information of or posted by other users. You agree that under no circumstances will Festibl, any associated workers, owners or directors, connected parties, affiliates or its third party partners, be liable at all for any information or content by you or any other user, and we will not be liable in any way for any loss or damage of any kind incurred as a result of the use of such information.
9. Termination or suspension of accounts
For further clarification, as well as other provisions listed in these Terms, the following actions are cause for immediate suspension or termination of a user account and all related or future accounts:
9.1 Using abusive, intimidating, harassing or bullying behaviour to any user on the Platform (either online or offline)
9.2 Impersonating or falsely misrepresenting your identity; either by impersonating other members, positions of authority, affiliations with festivals or Festibl, or any third person individual or company.
9.3 Promoting, advertising or supplying information, services, or products (whether charitable or commercial), with or without association to the relevant company, product or service, of any unrelated articles Festibl.
9.4 Using other user’s data or information to sell, resell, collect or store, or elsewhere share externally to the Festibl Platform.
9.5 Posting any defamatory, unlawful, libellous or hateful (including comments regarding race, gender, sexuality or other) about any individual, group, company or third party.
9.6 Posting pornographic, adult, or distressing content
9.7 Posting content which you do not have the right to post, either legally or through copyright or propriety rights of any kind.
9.8 Posting any secret, restricted, or legally un-allowed to be posted publically (such as breaking gagging orders)
9.9 Any unsolicited advertising, promotion or perceived ‘spam’ or ‘junk’ content
9.10 Violating any aspects of these Terms, or national or international law
Festibl reserves the right to remove any post or other material without warning or further notice, and suspend or terminate accounts for any reason (stated or unstated), without warning.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend Festibl meetings at your own risk.
For purposes of these Terms, "posting" includes uploading, posting, emailing, transmitting or otherwise making available.
10. Technical interference
By using the Platform you agree not to:
10.1 In anyway transfer or transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or in any other way effect the operation of the Platform or Website.
10.2 Disrupt our Platform, or any associated networks connected to the Platform or Website through any activity on or through the Website or Platform.
10.3 Upload any content, or take any action which places an unreasonable or a perceived large load on the infrastructure or space.
11. Meetings at Festivals or third party locations
11.1 One purpose of the Festibl Platform is to facilitate users to arrange physical meetings at third party locations (specifically music festival, but also any other third party location agreed by the individual users). We do not, in any way, supervise such meetings and are not involved at all with the actions of any individuals at these meetings. As a result, we have no control over the identity or actions of the individuals who are present at these meetings. You attend all such activity completely separate from Festibl and hold all responsibility personally. Please exercise caution and good judgment when attending such events with other users.
11.2 As we do not supervise or control any offline meetings organised by users through the Festibl Platform, are not associated with any individuals at such events, and cannot guarantee the true identity, age, nationality or other information or the accuracy or truthfulness of content; you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at music festivals or any offline meeting instigated through the Platform. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
12. Communication, Announcements and Advertising
12.1 By using the Platform, you agree and understand that Festibl communication through announcements, mailing list, newsletters, email, Platform messages or any advertisements, offers, sponsorship or promotions deemed relevant to you, as a user, based on your information, interests or otherwise, are part of the Platform and overall Service which we offer, and by signing up and using the Platform you expressly agree to receive such communications.
12.2 Users can manage the level of communication they receive from Festibl in the Settings section of your profile page – however some levels of communication are essential in the delivery of the Platform and cannot be disabled.
12.3 Festival organisers or representatives may work with us to promote their services or products to users on or through our Platform. By using the Platform you understand and agree that you consent to such communication, either through the Platform itself, or through your contact email address from such associated third parties.
13. Moderators - Festival Representatives or Selected Heads
13.1 You understand that through the Platform representatives from the relevant music festival, or from the Festibl community, may be placed in a position of ‘moderator’ for the festival group on the Platform. You further understand that such Moderator can use his or her sole discretion to temporarily or permanently remove any content or information that you have posted in connection with such group.
13.3 Moderators, although potentially chosen by Festibl, act solely independently, and their actions, words or behaviour is in no way related or representative of our Company.
15. Third Party Links
15.1 We may provide, or third parties may provide, links to other websites, services or products. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites, services or products, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
15.2 You also acknowledge and agree that Festibl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
16. Marketing Partners
16.1 Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Festibl shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.
17.1 You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third party partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of your representations and warranties or these Terms or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a Festibl facilitated meeting or your participation as a Moderator in Festibl meetings or groups.
17.2 Without limiting the foregoing, you, as a Festival Representative or Moderator agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third party partners harmless from any claim or demand, including reasonable legal fees, made by any Festibl member or third party due to or arising out of your actions as a Festival Representative or Moderator.
18. Warranties and Liability
18.1 Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
18.2 We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
18.3 In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.
18.4 You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
18.5 In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us.
18.6 Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE WEBSITE OR THE APP, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE. In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.
18.7 In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance.
18.8 If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
18.9 These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
19.1 In the event that you have a dispute with one or more other users, you release us (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
19.2 If any claim is brought against us due to your actions, content or information through our Platform or Services, you will indemnify us and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.
19.3 In any dispute, the parties will attempt in good faith to resolve through negotiation.
19.4 We may try to help Festibl members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
20. Intellectual Property Rights
20.1 Except as otherwise permitted by law, you agree not to display or use any Festibl copyright or trademarks in any manner without prior written consent.
20.4 By using the Platform you acknowledge and agree we provide proprietary and confidential information that is protected by intellectual property and other laws. You further acknowledge and agree that content provided through the Platform, Website or advertisements is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
20.5 Users agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Festibl’s Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service.
21.1 Except as otherwise stated in these Terms or as expressly required by local law, any notice to us shall be given by certified postal mail to Festibl Ltd., Business Start-Up Hatchery 4th Floor Wynne Jones Building, Ellison Place, Newcastle Upon Tyne, Tyne And Wear, England, NE1 8ST., and any notice to you shall be given to the email address that you provided us during the registration process.
21.2 Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
22. About these Terms
22.1 These Terms constitutes the entire agreement between you and Festibl, superseding any prior agreements between you and Festibl. To the extent that you have previously registered with Festibl and provided Your Information, these Terms now governs how Festibl may use Your Information, whether provided in the past or the future.
22.2 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Festibl is intended or created by these Terms.
22.3 You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction of the laws of England & Wales with exclusive jurisdiction of the English courts, without regard to its conflict of laws provisions.
22.4 You agree that these Terms, all rights herein, and all incorporated agreements may be automatically assigned by Festibl, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of some or all of Festibl’s assets, or similar transaction.
22.5 Festibl's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
22.6 If any provision of these Terms is found to be invalid by a court of competent jurisdiction, you and Festibl nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms will remain in full force and effect.
22.7 You and Festibl each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or these Terms must be filed within one (1) year after the claim or cause of action arose or be forever barred.
22.8 The section titles in these Terms are for convenience only and have no legal or contractual effect.
23. Disclosures; Violations
The Platform offered under these Terms is offered by Festibl Ltd., Business Start-Up Hatchery 4th Floor Wynne Jones Building, Ellison Place, Newcastle Upon Tyne, Tyne and Wear, England, NE1 8ST. Please report any violations of these Terms by sending a notice of the violation us by postal mail or email;
Festibl Ltd., Business Start-Up Hatchery 4th Floor Wynne Jones Building, Ellison Place, Newcastle Upon Tyne, Tyne and Wear, England, NE1 8ST.